ABN: 54 146 192 485 (
we, us and
our).
To contact us, please email petrolspy@pineconesoft.com
2. By using our platform you accept these terms
By using our Platform, you confirm that you accept these terms of use and agree to comply with them. If you do not agree to these terms, you must not use our Platform.
3. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time. If you continue to use the Platform after the terms are amended, you are taken to have agreed to the amended terms.
4. We may make changes to our platform
We may update and change our Platform from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
5. We may suspend or withdraw our platform
We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Eligibility to use our platform
Our Platform is directed to users who are residing in and using this Platform within Australia. We do not represent that content available on or through our Platform is appropriate for use or available in other locations. If you access our Platform from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Platform from your location.
7. You must keep your account details safe
If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your password, you must promptly change your password.
8. How you may use material on our platform
We are the owner or licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes without obtaining a license to do so from us or our licensors.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
9. Do not rely on information on this platform
This Platform is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Platform.
The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date.
10. We are not responsible for websites we link to
Where our Platform links to other Platforms (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Platforms or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
11. User-generated content
This Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.
All User Contributions must comply with the content standards set out in
Clause 12 of these terms.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such materials for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Platform, if, in our opinion, your post does not comply with the content standards in
Clause 12 of these terms.
You are solely responsible for securing and backing up your content.
You represent and warrant that:
- You own or control al rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these terms.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you (not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users, please contact us on petrolspy@pineconesoft.com.
12. Content standards
The content standards in this clause 12 apply to any and all Use Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Contain or promote any sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy (link).
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us, or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards in this clause 12.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
13. Limitation of liability
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Platform, any website linked to it, any content on our Platform or such other website or any services or items obtained through our Platform or such other website, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipates savings, loss of use, loss of goodwill, loss of data and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless 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, including, but not limited to your User Contributions, your use of any information obtained from the Platform and any use of the Platform’s content, services, and products other than as expressly authorised in these terms.
14. We are not responsible for viruses
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your technology to access our Platform. You should use your own virus protection software.
15. Rules about linking to our platform
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The webPlatform in which you are linking must comply in all respects with the content standards set out in
Clause 12.
You must not establish a link in such way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Platform must not be framed on any other Platform, nor may you create a link to any other part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or to make any use of content on our Platform other than that set out above, please contact petrolspy@pineconesoft.com.
16. Australian law applies to disputes
These terms of use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.
17. Our trademarks are registered
PETROL SPY and all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under
Clause 8. Other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners and are used by us under license.
18. Prohibited uses
You may use the Platform only for lawful purposes and in accordance with these terms. You agree not to use the Platform:
- In any way that violates any applicable federal, state or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 12 of these terms;
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform
- Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorised purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Platform;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
- Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
- Attack the Platform via a denial-of-service attack or a distributed denial of service attack; or
- Otherwise attempt to interfere with the proper working of the Platform.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
