POP – Terms of Service
Welcome to POP!
The Website and Services are provided by POP Business Pty Ltd and its Related Bodies Corporate (POP, we, our, us).
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
2. Users and User Information
You, as a User, agree, acknowledge and represent that (as the case may be):
- you have read and understood the Terms and each other document forming the Agreement and have the capacity to enter into the Agreement;
- you may not, and will not use the Service or Website for any illegal or unauthorised purpose;
- your use of the Services are personal to you, and you will not use the Services in order to provide services or advice of any nature to a third party, or otherwise, reproduce, copy, sell or otherwise exploit;
- you will not transmit any harmful code, viruses, worms, trojans or attempt to access areas of the Website or Services which you have not been given access to by us;
- we may refuse service, the use of the Services or the Website to anyone at any time, without giving reasons;
- we have the right to modify and update the content on our Website at any time, and it is your responsibility to monitor the Website or Services for any changes;
- insofar as information is provided on the Website and not in connection with the Service, such information may not to be relied upon as professional advice (of any nature), and we give no warranties as to the accuracy or completeness of any such information; and
- nothing on the Website is to be taken to construe legal advice.
You agree that, in using the Services provided by us:
- you obtain no Intellectual Property Rights of any nature;
- the Service may be unavailable from time to time, due to maintenance or other matters (and you agree that we will not be liable for anything arising out of any unavailability);
- the Service may not be error free, we do not represent or warrant that the Service will contain any particular data, function in any particular way or be available at any particular time;
- the information that you input into the Website or Service (User Information) is crucial and will affect the results that the Service provides; and
- the Services rely upon the input of User Information and any User Information which is incorrect, incomplete and inaccurate may lead to errors in the Service (which are the responsibility of the User) or mean that we are unable to provide the Service. You agree to keep the User Information, accurate, complete and up to date.
3. The Service
The scope and nature of the Service and prices associated with the Service are subject to change without notice. We reserve the right to modify the Service or discontinue whole or any part of it without notice, at any time.
We are not liable to you or any third party for anything arising out of us modifying, suspending, or discontinuing the Service or changing any prices.
In using the Service, you agree and acknowledge that:
- in providing the User Information, you have complied with all laws and regulations which are applicable to the User Information.
4. Payment Terms
Unless otherwise stipulated, 50% of the total fee is due upon acceptance of any proposal. The remainder will be invoiced upon completion of work. The first invoice is payable before commencement, all subsequent invoices are 14-day terms. Clients on a monthly package contract will be sent a monthly bill with the corresponding invoice.
We reserve the right to invoke progress payments for any projects that continue over an extended period.
On all managed services agreements, any invoices not paid by the marked due dates constitute late payments, accruing a 5% late payment fee, plus voiding any and all prepayment discounts included in the invoices. These fees will be included or excluded at the discretion of POP Business.
5. Personal Information and Confidential Information
We shall not, and you agree that you will not, disclose to any person or entity, or permit to be disclosed any Confidential Information except for disclosures:
- authorised in writing by the party whose Confidential Information is in question;
- by us, to our contractors, advisers and agents, as required to receive advice on and to assist in our performance of the Services; and
- as required by law.
The restriction on disclosure shall not apply if such information is ascertainable from the public domain, published information from trade sources by non-default of any party.
6. Prohibited Use
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or the Services content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
7. Third-party links and content
Certain content, products and services available via the Website or our Service may include materials from third-parties (Third-Party Material) or links to third party sites or locations (Third-Party Links).
Third-Party Links on our Website or displayed in the Services may direct you to third-party websites that are not affiliated with us. In addition, we may incorporate Third-Party Material into our Website or Services. In the event that we incorporate Third-Party Material into the Website or Services, we will identify the source of that Third-Party Material to you. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Material or Third-Party Websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Websites or Third-Party Materials. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions in this regard should be directed to the third-party.
8. Community and Feedback
If, at our request, you send us information or materials, or without request from us you send creative ideas, suggestions, proposals, plans, or other materials (howsoever transmitted) (Feedback), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide to us. In the event that you provide us with Feedback, we are under no obligation to maintain that Feedback in confidence, respond to that Feedback or pay compensation for the Feedback or in any manner in which we may use it.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any person’s Intellectual Property Rights.
If you provide Feedback to us, you agree that your Feedback will not violate any rights of any person, including any Intellectual Property Rights. You may not provide us with any offensive Feedback or Feedback which is libellous, slanderous or otherwise lawful, abusive or obscene, or which might otherwise contain any harmful code, virus or malware.
You are solely responsible for any Feedback you provide and we take no responsibility and assume no liability for Feedback posted or provided by you or any third-party.