Terms of Service
1. Introduction
These terms of use (Terms) set out the relationship between you and People Planet Guide® ACN 631 364 602 (“us” or “we”) regarding your use of our information and services.
For the meaning of certain words and phrases please see the Definitions below.
By downloading, using or accessing our Services you agree to these Terms. You agree that the Privacy Notice and Terms of Service form part of these Terms.
Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use or purchase the Services. By using or accessing our Services you accept our Terms and Privacy Policy.
You can access these Terms at any time at www.peopleplanetguide.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms and Privacy Policy by posting the amended terms at www.peopleplanetguide.com. Your continued use of our Services confirms your acceptance of the updated Terms and Privacy Policy.
2. Right to Use Our Services
2.1
Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
2.2
Except as set out in clause 2.1 above, you do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trademarks, code, software, content, themes, settings, artwork, in-app items, recordings, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
2.3
The subscription on the earlier of your disposal of the Services or our termination of the subscription in accordance with these Terms.
3. Your Obligations
3.1
You acknowledge and agree that the form and nature of the Services People Planet Guide® Solfile® App provides may change from time to time without prior notice to you.
You acknowledge and agree that People Planet Guide® Solfile® App may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at People Planet Guide® sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform People Planet Guide® when you stop using the Services.
You acknowledge and agree that if People Planet Guide® disables access to your account, you may be prevented from accessing the site and its Services, your account details or any files or other content which is contained in your account.
Impersonate any other person in your use of our Services.
Post another person’s personal information or data through our Services without that person’s consent.
Use our services to distribute any information, content or materials that is in breach of our Terms.
Attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us.
Use our Services to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group.
Copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing.
Use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or
Use our Services in connection with the actual or attempted contravention of any laws.
3.2
You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
3.3
You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple iOS App Store and the Google Play Store.
3.4
You must comply with any applicable third-party terms of agreement when using our Services, such as Facebook’s terms of use.
3.5
Information that you provide to us must be true, accurate and complete at all times.
3.6
To use our Services, you must:
Not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia.
Not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and
Comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.
4. Use of the Services by you
4.1
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to People Planet Guide® will always be accurate, correct and up to date.
4.2
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).
4.3
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by People Planet Guide®, unless you have been specifically allowed to do so in a separate agreement with People Planet Guide®. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web
crawlers).
4.4
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services.
4.5
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6
You agree that you are solely responsible for (and that People Planet Guide® has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which People Planet Guide® may suffer) of any such breach.
4.7
You agree to the use of your data in accordance with People Planet Guide® privacy policies.
4.8
you are responsible for all risks associated with the use of any User Content available when using our Service. We are not responsible or liable for the accuracy or content. We are not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any User Content.
5. Intellectual Property
5.1
You agree that all Intellectual Property relating to our Services is owned by or licenced by us. Our Services are being subscribed or provided free by trial to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.
6. Accounts and Login
6.1
Certain parts of our Services may enable you to create an Account or otherwise login to the Services. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not. We will assume anyone using your Account has your permission to do so.
6.2
If you become aware of any unauthorised use of your password or of your account, you agree to notify People Planet Guide® immediately at support@peopleplanetguide.com.au
7. Updates & Access to Our Services
7.1
We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.
7.2
You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
7.3
The Software which you use may automatically download and install updates from time to time from People Planet Guide®. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit People Planet Guide® to deliver these to you) as part of your use of the Services.
8. Third Party Services
8.1
Third party services may be used when you:
Purchase, install or update our Services, including but not limited to digital storefronts such as the Apple iOS App Store, Google Play Store, and
use our Services, including but not limited to social media connectivity and the like.
8.2
These third party services are subject to respective third party terms and conditions. Please study these third-party terms and conditions carefully as they constitute an agreement between you and the applicable third-party service provider. We are not liable for the activities of any such third parties.
8.3
Our Services may contain links (including via advertisements) to third party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:
Links to third party content or services are not endorsements, approvals or recommendations by us of the third parties, or of any content or services provided by them.
Your use of any third party content or services may be subject to separate terms and conditions; and
when you provide data to third parties you are providing it in accordance with their privacy policy (if any) and our Privacy Policy does not apply in relation to that data.
9. Advertising
9.1 You understand that:
Our Services may feature advertisements from us and/or third parties.
We may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service.
We are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk; and
we provide information to third party advertisers in accordance with our Privacy Policy.
10. Termination of Account or Services
10.1
We reserve the right to limit, suspend, terminate, modify or delete your Account or your access to our Services or portions of our Services (including User Content) if you, or we suspect that you are, failing to comply with any of these Terms or our Privacy Policy or for any actual or suspected illegal or improper use of our Services, with or without notice to you.
10.2
If we terminate your Account, other than for inactivity, you must not access any other Accounts, or create any further Accounts.
10.3
You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account.
10.4
Upon termination, you must destroy any remaining copies of our Services and any associated documentation or otherwise return or dispose of such material as we direct.
10.5
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
11. Price and Payment
11.1
Certain areas and features of the Services are only available to the paying users.
11.2
The price of the Service shall be as shown on both Solfile® App, and People Planet Guide® Web Site from time to time. Any increases in prices for the Service will be shown on the App and Web Site.
11.3
The User shall pay all sums due to People Planet Guide® under this Agreement by the means of the payment specified on the Solfile® App, and People Planet Guide® Web Site and without any set-off, deduction, counterclaim or any other withholding of monies. Any applicable banking charges on such payments shall be borne by People Planet Guide®.
11.4
Until People Planet Guide® has received either cash or cleared funds in respect of the full amount outstanding, payment shall not be deemed to be made.
11.5
All monies paid by the User to People Planet Guide® are non-refundable. A cancellation or termination of this Agreement by the User or People Planet Guide® at any time for any reason will not entitle the User to a refund of monies paid.
11.6
When paying for a subscription with People Planet Guide® with a credit card you may be automatically re-billed to renew your subscription on its expiration. To cancel this re-billing option, you need to explicitly specify on the Solfile® App (refer Settings in the menu) that you want to cancel auto renewal.
12. Ending your relationship with People Planet Guide ®
12.1
The Terms will continue to apply until terminated by either you or People Planet Guide® as set out below.
12.2
If you want to terminate your legal agreement with People Planet Guide®, you may do so by (a) notifying People Planet Guide® at any time and (b) closing your accounts for all of the Services which you use. Your notice should be sent, in writing, to People Planet Guide® email address support@peopleplanetguide.com.au.
12.3
People Planet Guide® may at any time, terminate its legal agreement with you if:
You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
People Planet Guide® is required to do so by law (for instance, where the provision of the Services to you is, or becomes, unlawful); or
the partner with whom People Planet Guide® offered the Services to you has terminated its relationship with People Planet Guide® or ceased to offer the Services to you; or
People Planet Guide® is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
the provision of the Services to you by People Planet Guide® is, in People Planet Guide® opinion, no longer commercially viable.
13. Disclaimer & Release
13.1
To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:
A failure to provide our services, or any part thereof.
Corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any of our services.
Any suspension or discontinuance of any of our services, or any part thereof; or any use of our services by other users, including any use of our services by other users which contravenes these terms.
14. Disclaimer of Warranty
14.1
The site is provided “AS IS” and “AS AVAILABLE” and with all faults. Use the site at your own risk. People Planet Guide® makes no representations or warranties of any kind, either express or implied, with regard to the site. To the fullest extent permitted by law, People Planet Guide® disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.
14.2
Additionally, People Planet Guide® does not represent or warrant to you that:
Your use of the services will meet your requirements.
Your use of the services will be uninterrupted, timely, secure or free from error.
Any information obtained by you as a result of your use of the services will be accurate or reliable; and,
those defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
14.3
No advice or information, whether oral or written, obtained by you from People Planet Guide®, from its users or through or from the services shall create any warranty not expressly stated in the terms.
15. Security
15.1
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
15.2
You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.
16. Privacy
16.1
We will collect, process, use and share your personal information in accordance with our Privacy Notice, as set out in these Terms and as you otherwise consent. Our Privacy Notice forms part of these Terms.
16.2
By using our Services, you agree to these Terms, including our Privacy Notice, and acknowledge that your agreement is a precondition to your use of the Services.
16.3
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.
16.4
We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognise your device and to ensure that your Account is accessed by the person that inputs the correct username and password for that Account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Notice.
17. General
17.1
Assignment - We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
17.2
Entire agreement - These Terms, and our Privacy Policy set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
17.3
Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
17.4
Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17.5
Governing Law - These Terms are governed exclusively by the law in force in Queensland, Australia. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Queensland, Australia.
17.6
Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
17.7
If you are accessing the site in the United States, Massachusetts law governs the interpretation of these terms, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection and unfair competition laws. If you are accessing the site outside of the United States, the laws of that country apply. These terms describe certain legal rights. You may have other rights under the laws of your state or country. These terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
17.8
These terms, People Planet Guide® Privacy Policy and the other terms referenced on this page, including those that are for specific areas of the site, constitute the entire agreement between the parties with respect to the site.
17.9
If any provision of these terms is legally invalid, these terms shall endure except for the invalid provision. However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.
17.10
You agree that People Planet Guide® may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.11
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.12
You agree that People Planet Guide ® shall be allowed to apply for injunctive remedies(or an equivalent type of urgent legal relief) in any jurisdiction.
17.13
Electronic Commerce (EC Directive) Regulations for European Users.
The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2103) (as may be amended from time to time) shall to the fullest extent permitted by law be excluded from these terms where you are using this site in the course of your trade, business or profession.
18. Contact
18.1
If you have any questions about these Terms or our Services, you may contact us at:
People Planet Guide
P.O Box 440
Ashgrove LPO
Ashgrove Queensland 4060
Email: support@peopleplanetguide.com.au
19. Definitions
19.1
In these Terms, unless the context otherwise requires, the following words have the following meanings:
Account means a user account registered in accordance with clause 3.1.
Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California.
Claim means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred, or which may occur in the future.
Intellectual Property includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.
Loss means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.
People Planet Guide® ("us" or “we”) People Planet Guide ACN 631 364 602 its assignees, licensees, successors in title and subsidiaries.
Privacy Policy means our privacy policy, as updated from time to time, which is available for access at ww.peopleplanetguide.com.au
Services means services offered by us and includes Solfile® App, People Planet Guide® website and related services.
Solfile® A mobile application for entertainment purposes, owned by People Planet Guide®.
Terms means the terms set out in this document, as updated from time to time.
Update means an update supplied by us that replaces or supplements the original Service and may include adding, removing, modifying or otherwise altering features of our Services at our sole discretion.
User Content means any content generated, created, made or otherwise brought about as a result of using our Services. In the context of user interaction, this includes any communications, images, sounds and all the material, data, and information that you upload or transmit through our Services, or that other users upload or transmit, including without limitation any chat text.
Virtual Items means any virtual items or objects or other entitlements for use in the context of our Services and includes any form of virtual currency.