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TERMS & CONDITIONS

TERMS OF USE

These terms and conditions of use (“Terms”) form a legal agreement between you and Launch Pod and they govern your access to and use of Launch Pod. Please carefully read them before deciding whether to join Launch Pod.

Our site is available for use through the website and mobile applications. The Launch Pod platform is owned and operated by Launch Pod Pty Limited ACN 602 616 777 (“Launch Pod”), an Australian incorporated company.

KEY TERMS

This section sets out the key rules on how you can use our Services and on what we can do with anything you post on Launch Pod.

1.   Our Services are provided for your use as a communication platform where users can interact in a friendly, supportive and hassle-free environment.

2.   Launch Pod does not review all of the content posted on our Services, so please let us know if any inappropriate content is posted by others and we will try to resolve the issue.

3.   Improper use of our Services will not be permitted and, if warranted, a user account (“Account”) may be suspended or terminated.

4.   Any images or content that you post on our Services, including any comments, pictures or videos, will automatically be owned by Launch Pod.

Our Policies and Terms of Use

A more detailed explanation of our Terms is set out below. These Terms apply to all your interactions with Launch Pod. Unless otherwise stated, a reference to these Terms also includes any related policies.

Our Privacy Policy provides information on our collection, storage and use of the details and data you provide to us or place on our Services. That document also governs your use of our Services and forms part of the Terms.

Please carefully read each of these documents before deciding whether to join Launch Pod.

Your right to use our Services and to operate an Account is subject to your agreement to these Terms.

If you click on the “Agree” button, you agree to be bound by these Terms.

1.        Our Services

1.1    Launch Pod provides software that may be accessed through our website or on other applications.

1.2    Our platform allows Sellers to communicate with each other and that communication may include messages, pictures, videos, creative suggestions, ideas, notes, drawings, concepts, reviews or comments or other information uploaded or posted by you (“Your Content”).

1.3    Our Services also enable synchronisation of Your Content across multiple devices and it is implicit in your use of our Services that you grant a licence to Launch Pod to distribute copy, store, cache and transmit Your Content.

1.4    Any exclusion of Launch Pod’s liability in these Terms includes exclusion of liability for any director, officer, member, employee, contractor, representative, agent, affiliates, subsidiary or joint venture partner, successor or assign of Launch Pod (“Launch Pod Entity”).

2.        Use of Our Services

2.1    A reference to “You” in these Terms refers to you as a user of our Services.

2.2    If you interact with our Services as the user of an Account, you may be given access to upload, view and/or manage Your Content and to use the tools of our Services to manage the storage of Your Content.

2.3    You bear sole responsibility for the management and use of your Account and it is your responsibility to:

a)        manage how you create and use: your user name; password and the answers to any account identification questions;

b)        ensure that your registration details are true and accurate at all times;

c)         update your registration details from time to time when they change.

2.4    Launch Pod may exercise its discretion to alter, suspend, terminate or restrict our Services or a particular user’s use of our Services (“Service Restriction”).

3.        Subscription Accounts

3.1    The fees for your Subscription Account (“Subscription Fees”) will be calculated according to the period for which you have chosen to subscribe (“Subscription Period”). All payments are non-refundable.

3.2    By registering for a Subscription Account you are authorising Launch Pod, either directly or through a third party payment gateway, to charge your credit card for the Subscription Fees.

3.3    If you have authorised Launch Pod to automatically renew your subscription, Launch Pod will automatically charge your credit for the Subscription Fee prior to the start of the new Subscription Period (“Automatic Renewal”).

3.4    Automatic Renewal will continue until such time as:

a)        your Subscription Account is closed or terminated; or

b)        you provide Launch Pod with a written request to cancel the Automatic Renewal.

4.        OUR FEES

4.1    All Subscription Fees are to be paid in the nominated currency.

4.2    You must pay all Subscription Fees to us in full in a timely manner along with all applicable taxes.

4.3    We may collect Subscription Fees owed to us by using any payment method you have filed with us or by engaging legal counsel or a collection agency to assist us recover that debt.

5.        Account closure and cancellations

5.1    You can close your Account by providing Launch Pod with 30 days’ written notice of your intention to terminate.

6.        Variation

6.1    Launch Pod reserves the right to change its practices and/or these Terms at any time and such new terms and conditions will (regardless of the notice given to you) become immediately binding on you once the changes are posted on our Services.

6.2    If you continue to use our Services after the Terms are varied, you are deemed to have agreed to be bound by the variation.  It is therefore important that you review these Terms and Launch Pod’s policies regularly.

7.        Use of our Services

7.1    Subject to these Terms, you are granted a non-exclusive, limited and revocable licence to use the Services.

7.2    If you agree to these Terms you represent to Launch Pod that you:

a)        are 18 years old or older; and

b)        are capable of entering into a legally binding agreement.

7.3    Launch Pod also reserves the right, but has no responsibility, to edit, amend, reject or delete any content that Launch Pod considers in its sole and absolute discretion to be, in whole or in part, offensive, incorrect, inaccurate, illegal or fraudulent or that violates these Terms.

8.        Termination

8.1    Launch Pod may refuse to approve or decide to terminate an existing registration at our sole discretion. That decision may be made without cause or notice (other than any notice required by any applicable law).

9.        Prohibited Use

9.1    Our Services may only be used for legal and legitimate transactions and purposes.

9.2    You must not:

a)     display any pornographic, hate-related, violent, or illegal material;

b)     use any third party’s intellectual property in Your Content unless such use is specifically authorised by the relevant third party;

c)      modify, adapt, decompile, reverse engineer, disassemble, develop derivative works;

d)     attempt to derive source code from any Launch Pod services, software or documentation;

e)     copy, reproduce, alter or modify or create derivative works of any material included in our Services unless you have received specific written authorisation from Launch Pod;

f)       create or attempt to create a substitute or similar service or product through your use of or access to our Services or any of the proprietary information of Launch Pod;

g)     remove, obscure, or alter the Launch Pod brand or the copyright notice or other notices by Launch Pod on our Services;

h)     disseminate malware or other malicious code that harms or subverts our Services or a user’s enjoyment of our Services by damaging, modifying, deleting, accessing (without express consent) or expropriating any data or functionality directly or indirectly related to our Services or users of our Services;

i)       create a new account to use our Services after Launch Pod has terminated your Account due to your breach of these Terms;

j)       act in any way that violates these Terms; or

k)     engage in any action or practice that reflects poorly on Launch Pod or otherwise disparages or devalues the reputation or goodwill of Launch Pod.

9.3    Launch Pod reserves the right to investigate, at its own discretion, any activity that it considers may violate these Terms including, but not limited to, the use of any software to access our Services in an unauthorised manner or any other activity prohibited under these Terms.

9.4    If you participate in any attempted or actual violation of any of these Terms, it will be a material breach of this legal agreement between you and Launch Pod.

9.5    Launch Pod will attempt to notify you by email if your use of our Services is suspended, but Launch Pod is under no obligation to take further action to notify you.

9.6    Suspension of your use of our Services or cancellation of your Account will not diminish or affect your rights and obligations that arose under these Terms before or after your suspension.

10.    Reserved Rights

10.1Launch Pod may refuse to approve or decide to terminate an existing Account at our sole discretion and that decision may be made without cause or notice (other than any notice required by any applicable law).

10.2    Launch Pod reserves the right to, from time to time and without seeking your consent:

a)     alter the format, look and feel of our Services or Your Content;

b)     delete any of Your Content;

c)      establish general practices and limits concerning use of our Services;

d)     change, suspend or discontinue (without notice and/or without incurring any liability) any aspect of our Services (or any Service features) at any time, including the hours our Services are operational or available; and

e)     restrict access to all or part of any Services (without notice and/or without incurring any liability).

10.3    This agreement formed under these Terms will be deemed to terminate upon termination of your Account provided all outstanding fees you owe have been paid in full.

10.4    Launch Pod also reserves the right to terminate without notice any Account that has been inactive over a period of two years.

11.    Copyright

11.1    All right, title and interest (including copyright) in all information, text, material, designs, logos, insignia, audio or video excerpts, graphics and other images, computer programs, code (including HTML), URLs, advertisements, photographs, illustrations, other works or subject provided by Launch Pod and appearing on the Services (“Material”) is owned by Launch Pod or its licensors.

11.2    No Material may be copied, reproduced, republished, modified, framed, uploaded to a third party, posted, transmitted (including without limitation broadcast), communicated or otherwise made available to the public, distributed, linked to or otherwise used except with the written consent of Launch Pod or as expressly provided by these Terms.

11.3    The trademarks, trade names, service marks and other Launch Pod logos and brand features, and product and service names are the property of Launch Pod (“Launch Pod Marks”) and you must not, without prior written permission, display or use in any manner the Launch Pod Marks.

11.4    Launch Pod owns all right, title and interest, including without limitation all Intellectual Property Rights related to your use of our Services including the technology and brand of Launch Pod including implied licenses, but excluding any items Launch Pod has licensed from third parties.

11.5    You will not acquire any right, title, or interest in or to our Services or any ownership of the Material except as expressly set forth in these Terms.

12.    Exclusion of Competitors

12.1    If your business creates documents, goods or services and provides them to users for a fee, we consider you to be a competitor of Launch Pod.

12.2    Competitors are not permitted to use or access the Services to download any documents or information or to obtain such documents or information through a third party.

12.3    Any competitor that breaches this term will be held fully responsible for any loss that we sustain and will be accountable for all profits related to that prohibited or improper use.

13.    Information Rights

13.1    Your rights regarding information Launch Pod collects or holds about you are detailed in the Privacy Policy which is incorporated into these Terms and govern our treatment of information you submit, so please carefully consider our Privacy Policy before becoming a user of our Services or opening an Account.

13.2    We urge you to carefully consider:

a)     the information, statements, data and other material (such as photographs) that you submit as part of Your Content;

b)     your control over and moderation of the information, statements, data and material that you upload as part of Your Content;

c)      the confidentiality of any information that you wish to protect from misuse, infringement or misappropriation; and

d)     how you interact with our Services, as your actions may reveal information about your gender, ethnicity, nationality, age and/or other personal information to others.

13.3    Launch Pod may:

a)     transfer and disclose to third parties personally identifiable information about you in order to approve and activate your participation as a user of our Services or to facilitate a transaction including the sale or purchase of any goods or services;

b)     provide such information to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction;

c)      share non-personally-identifiable information about you, including URL and URL-specific statistics and other similar information collected by Launch Pod with the advertisers, business partners, sponsors of Launch Pod and other third parties; and

d)     provide information to courts or other authorities in response to a valid legal process or to establish or exercise the legal rights of Launch Pod or to defend against legal claims.

13.4    In particular, your use of our Services is conditional on Launch Pod being deemed to have a right to post or transmit data from your online shopping cart or any other source across various delivery platforms.

13.5    Launch Pod will not be liable to you for any disclosure of that information by any such third party.

13.6    Your Content, including all communication, material or information you transmit or post using our Services, and any other information that is otherwise collected through our Services (“Platform Data”) will be treated as non-confidential, non-proprietary information.

13.7    Your use of our Services will be deemed to constitute the grant to Launch Pod of a worldwide, irrevocable, non-exclusive, royalty-free, fully paid, sub-licensable and transferable licence to use, copy, edit, modify, reproduce, distribute, display, perform, produce derivative works and otherwise fully exploit the Platform Data (“Data Licence”).

13.8    Under the Data Licence, Launch Pod may use the Platform Data in connection with our Services and Launch Pod’s business, including the business of Launch Pod’ successors and assigns, and at Launch Pod’s sole discretion to:

a)     promote and distribute the Platform Data, including any derivative works, in any way in any format and through any media channel;

b)     incorporate the Platform Data into marketing materials, advertisements, promotions and other works;

c)      create derivative works from the Platform Data; and

d)     allow other users to use the Platform Data in the same manner in connection with their own websites, media platforms, and applications.

13.9    You represent and warrant that you have right to grant the Data Licence to Launch Pod without infringement or violation of any third party’s rights, including without limitation, any rights related to privacy, publicity, copyrights, contract, or any other intellectual property or proprietary rights.

13.10    You acknowledge that you are responsible for the legality, originality and copyright of Your Content.

13.11    If you delete Your Content, that data will be removed from our Services, but we stress that Your Content may persist in backup or cached copies for a reasonable period of time or may be retained by other users who have previously accessed or downloaded Your Content.

14.    Electronic Communications

14.1    You agree that Launch Pod may use electronic means such as email and notices posted on our Services to communicate with you concerning:

a)     changes to our Services;

b)     amendments to the Terms;

c)      payment authorisations;

d)     notices or other disclosures;

e)     debt collection; and/or

f)       any other matter related to the Terms and/or Services.

14.2    Please retain copies of any electronic communication by either saving a ‘soft’ copy or printing the document.

14.3    You will be deemed to receive the communication once it is sent to you at your email address or posted on our Services.

14.4    You agree to receive electronic communication even in circumstances where you may have a statutory right to receive such communication in paper form.

14.5    You are entitled to request an electronic communication to be resent or to order a paper copy, but Launch Pod reserves the right to charge a reasonable fee for such additional service.

14.6    Please promptly notify Launch Pod of any change to your email address.

14.7    You may also notify us if you withdraw your consent to receive electronic communication, however Launch Pod reserves the right to suspend or terminate your access to our Services if you withdraw that consent.

15.    Disputes 

15.1    You release Launch Pod from any liability in relation to any claim, demand and damage (whether actual and/or consequential) regardless of the kind or nature of the liability, whether it is known or unknown or whether is arises out of or is in any way connected with a dispute between you or any other user/s of the Services.

16.    Inappropriate Content

16.1    Please notify us if you consider any content inappropriate and it will be removed if it breaches the content guidelines of Launch Pod.

17.    No Guarantee

17.1    Our Services are provided on an “as is” and “as available” basis.

17.2    Your use of our Services is at your sole risk and you agree that Launch Pod is not liable for how you elect to use our Services or the outcomes that result.

17.3    We do not guarantee the results you achieve and Launch Pod takes no responsibility for your actions, choices or decisions as they are your responsibility.

17.4    All information we provide on the website and during any consultation is intended to assist you and that information is not, nor is it intended to be, a substitute for legal, financial or other professional advice.

17.5    We are not liable for any loss or costs you incur whether that loss or cost is directly or indirectly related to any guidance, advice, coaching, materials or techniques that Launch Pod has used or provided.

17.6    Although Launch Pod intends to take reasonable steps to protect the integrity and reliability of our Services, Launch Pod does not warrant and Launch Pod does not give you any guarantee or representation that:

a)     our Services or any information or other material accessible through our Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;

b)     there will be any operational stability, availability or continuation of our Services;

c)      any message, email, notice, post, answer or transmission of user generated content will be successfully delivered or displayed;

d)     your use of our Services will not infringe the rights of any third party; or

e)     there will be any continuation of the agreement formed under these Terms.

17.7    Launch Pod warns you that our Services may be discontinued at the sole and absolute discretion Launch Pod or that our Services may be inoperable at times due to:

a)     down time and scheduled maintenance;

b)     outages to any public Internet backbones, networks or servers;

c)      equipment failure including the failure of third party systems such as international or local access systems; or

d)     a Force Majeure Event.

18.    Limited Liability

18.1    Launch Pod will have no liability related to the accuracy or suitability of any content posted by other users as Launch Pod does not control or vet such user-generated material.

18.2    Please carefully consider:

a)     what information you provide to other users – Launch Pod does not verify the identity of users and does not undertake to monitor user interaction as we disclaim any liability for identity theft or any other misuse of your identity or information committed by other users;

b)     what transactions you enter into – Launch Pod encourages you to communicate directly with other users to verify their bona fides and to evaluate the merits of dealing with them as we disclaim any liability for fraud or deception committed by other users.

18.3    To the maximum extent permitted by applicable law, Launch Pod disclaims all warranties, either express or implied, including but not limited to:

a)     uninterrupted or continuous availability of our Services; and

b)     implied warranties of merchantability, fitness for a particular purpose with respect to our Services under these Terms.

18.4    Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you.

18.5    Under no circumstances (including but not limited to any act or omission on the part of Launch Pod) will Launch Pod be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (“Damages”).

18.6    You expressly acknowledge and agree that Launch Pod does not exert control over users of the Services and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

18.7    Subject to the following LOCAL LAWS paragraph, Launch Pod, to the full extent permitted by law:

a)     excludes all warranties, conditions, terms, representations and undertakings, other than an undertaking set out in these Terms (whether express or implied), including without limitation with respect to advertising or other services;

b)     limits the obligation of Launch Pod to provide any services, to the obligation to supply our Services again, or to pay the cost of having our Services supplied again;

c)      limits the aggregate liability of Launch Pod to $AUD50:

(i)     in relation to any claim; or

(ii)   for any Damages whatsoever.

18.8    The limitations set out in this clause apply regardless of whether the liability or damage is directly or indirectly related to a breach of these Terms or negligence or any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Services.

18.9   The stated liability limits are an essential basis of the bargain between the parties and Launch Pod’s agreement to allow you to use the Services.

18.10     Launch Pod has no liability for any Force Majeure Event.

18.11    Launch Pod may plead these Terms in bar to any claim, action, proceeding or suit brought by you against Launch Pod in relation to any of Your Content or our Services or otherwise in respect of these Terms or your use of our Services. This does not affect any rights you may lawfully have against Launch Pod for the acts or omissions of Launch Pod.

19.    Indemnity

19.1    You agree to indemnify and keep indemnified Launch Pod from and against:

a)    any costs, loss, liability, claim or damage (“Liability”) which Launch Pod incurs or suffers as a result of any breach of these Terms by you or of any act or omission by you in connection with your use of the Services, including without limitation any Liability related to Your Content; or

b)    any costs and expenses incurred by Launch Pod for obtaining legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis) if Launch Pod is required by you or by your order in any litigation in which you are involved whether under subpoena or by court order (from any court of competent jurisdiction), to comply with an order for discovery or to attend court to give evidence.

20.    Local Laws

20.1    These Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into these Terms that cannot be excluded.

20.2    If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then liability of Launch Pod is limited to that extent.

20.3    If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.

20.4    If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

21.    Validity

21.1    If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

22.    No Waiver

22.1    A failure by Launch Pod to act with respect to a breach by you or any third party does not waive the right of Launch Pod to act with respect to subsequent or similar breaches.

23.    Assignment

23.1    Launch Pod has the right to assign these Terms in whole or in part to any person or business entity.

23.2    You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Launch Pod.

24.    ENTIRE AGREEMENT

24.1    This Agreement and all documents referenced in this Agreement comprise the entire agreement between you and Launch Pod in relation to your use of the Services and supersede all prior agreements between the parties.

25.    Governing Law

25.1    The laws of New South Wales govern any agreement formed under these Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.

26.    Definitions

26.1    “Force Majeure Event” means an event including, without limitation, an act of God, storm, tempest, war, terrorism or threat of terrorism, revolution, civil strife, plague or epidemic, industrial action, strike, fire, flood, public disaster, failure or delays of scheduled transportation, interruption of essential services or public utilities, governmental intervention or exercise of authority, which is outside Launch Pod’s control.

26.2    “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements of those rights, now or later that are in force and effect worldwide.

© THE LAUNCHPOD 2017