1. About these Website T&Cs
In these Website T&Cs, capitalised words and expression have the meanings given to them in clause 4 (Dictionary).
1.2. Do these Website T&Cs apply to You?
1.2.1. These Website T&Cs apply to anyone who accesses or uses Our Website (You).
1.2.2. By accessing or using Our Website, You agree to comply with these Website T&Cs.
1.2.3. If You do not agree, or are unable, to comply with these Website T&Cs, then You should not access or use Our Website.
1.2.4. If You have any queries about these Website T&Cs, You should obtain Your own advice or contact Us.
1.3. Are there other terms & conditions?
These Website T&Cs only concern the access and use of Our Website. If You purchase any product or service We offer through Our Website, other terms and conditions will apply to such purchases. These other terms and conditions are available on Our Website, and if not available on Our Website, We will make them available:
1.3.1. upon request; or
1.3.2. before You make any purchase through or Our Website.
2.1. Registering for an account
By using Our Website, You agree that:
2.2.1. Your use of Our Website at Your own risk, and to the fullest extent permitted by law, We are not liable to You for any loss You suffer as a consequence of using Our Website, and as separate obligation, You indemnify Us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from Your use of Our Website;
2.2.2. any information contained on Our Website, including 3rd Party Content, is for general use only, and that We do not give any warranty or representation as to such information, including without limitation the accuracy or completeness of such information;
2.2.3. We make no warranty or representation as to the suitability of any product or service We offer for Your intended purposes;
2.2.4. nothing contained in or retrievable from Our Website is intended to constitute any kind of advice;
2.2.6. Our Website may from time to time be unavailable, either planned (for example planned maintenance) or otherwise (for example unforeseen technical issues), and that in addition to clause 2.2.1, to the fullest extent permitted by law, We are not liable to You for any loss You suffer as a consequence of any such unavailability;
2.2.7. given the nature of the products We offer through Our Website, Our Website may contain sexually explicit content, and by using Our Website, You consent to viewing such content; and
2.2.8. these Website T&Cs shall be governed by the laws of New South Wales, Australia, and that You submit to the non-exclusive jurisdictions of the courts of New South Wales.
Our Website and the products and services We offer through Our Website are intended for use by people 18 years of age or older. If You are not 18 years of age or older, You must not use Our Website.
2.4. Your obligations
By using Our Website, You:
2.4.1. must only use Our Website for its intended purposes;
2.4.2. must keep any password used to access Our Website confidential;
2.4.3. must not, or attempt to:
220.127.116.11. scrape, harvest, extract or index Our Website;
18.104.22.168. interfere with Our Website in a manner contrary to its intended uses;
22.214.171.124. create excessive traffic through Our Website;
126.96.36.199. in connection with Our Website, transmit junk emails, spam or any other such content;
188.8.131.52. in connection with Our Website, transmit any malware of any nature, including without limitation computer viruses, worms, Trojan horses, ransomware, spyware, or adware;
184.108.40.206. seek to obtain any personal information from any other user of Our Website;
220.127.116.11. violate any proprietary rights, intellectual or otherwise, of any person;
18.104.22.168. without Our prior written consent (which We may give conditionally or unconditionally in Our absolute discretion), by any means use Our Website, or Our Website Content, for Your own purposes, including without limitation by reproduction, modification, adaption, or translation;
22.214.171.124. without Our prior written consent (which We may give conditionally or unconditionally in Our absolute discretion), publish in any public forum any link to Our Website; or
126.96.36.199. use or do any thing which would result in Our Website being used or applied for any purposes which We determine in Our absolute discretion as being inappropriate or unreasonable;
2.4.4. must not use any device, software or any other thing, whether automated or otherwise, which has the effect or purpose of any thing described in clause 2.4.3;
2.4.5. must not breach any law or regulation applicable from time to time to Your access or use of Our Website;
2.4.6. must, to the extent You are responsible for any content appearing on Our Website, ensure that any such content is not:
188.8.131.52. misleading or deceptive;
184.108.40.206. offensive or likely to cause offence; or
2.5. Intellectual property
2.5.1. Our Website Content may be:
220.127.116.11. owned by Us; or
18.104.22.168. owned by a third party, but is licensed to Us.
2.5.2. To the extent that clause 2.5.1 does not apply to Our Website Content, such content is acknowledged on Our Website.
2.5.3. Subject to the Copyright Act 1968 (Cth), and only to the extent reasonably required for Your access and use of Our Website as intended, We allow You to retrieve and use copyrighted material exclusively for Your private and non-commercial use. However, nothing in this clause 2.5.3 is intended to be a transfer or assignment intellectual property rights, and (as applicable) We expressly retain all intellectual property rights.
2.6. 3rd Party Content
2.6.1. Our Website may from time to time contain 3rd Party Content.
2.6.2. Unless expressly set out in these Website T&Cs, these Website T&Cs do not apply to Your access or use of any 3rd Party Content. Any such access or uses will be governed by the terms and conditions of the relevant third party.
2.6.3. Except as expressly indicated though Our Website, We do not advertise, endorse, promote or recommend any 3rd Party Content.
2.6.4. If You access any 3rd Party Content through Our Website, You do so at Your own risk.
2.7. Our rights
We may in Our absolute discretion take any action We consider necessary to protect Our interests in connection with any matter or thing arising, or which may arise, from this clause 2, including without limitation:
2.7.1. making any amendment to these Website T&Cs;
2.7.2. altering, restricting or blocking Your ability to access or use Our Website, either temporarily or permanently;
2.7.3. reporting You to any relevant authority; or
2.7.4. suing You.
3. Confidentiality & privacy
3.1. Your obligations
To the extent that You receive any of Our Confidential Information, You agree:
3.1.1. not to disclose Our Confidential Information to any third parties;
3.1.2. to protect Our Confidential Information from unauthorised or inadvertent disclosure; and
3.1.3. to only use Our Confidential Information for the purpose(s) for which You have received it.
3.2. Our obligations – Collection statement
|3rd Party Content||means any things appearing on Our Website is owned by or originated from a third party, including without limitation any links to other websites, articles, photographs, text, graphics, designs, sound, video, information, and other content or items belonging to, developed by or originating from third parties.|
|Our Confidential Information||means any information that is not in the public domain in relation to Us or Our business, including without limitation Our business know-how and trade secrets, operations, activities, employees, products, and services.|
|Us||Means pbyp.com.au, and We and Our have a corresponding meaning.|
|You||means any person who accesses or uses Our Website in accordance with these Website T&Cs, and as the context permits includes that person’s officers, employees, contractors, or agents.|
|Your Confidential Information||in relation to You, has the meaning given to “personal information” in section 6 of the Privacy Act 1988 (Cth), and can include Your personal, credit, and credit eligibility information, and other such information in relation to You that is not in the public domain.|
|Website||means any website maintained by Us from time to time, including the website on which these Website T&Cs are published or otherwise made available for download, and any electronic booking system maintained by Us.|
|Website Content||means all things appearing on Our Website, including without limitation all trademarks, content, designs, layouts, appearances, and graphics.|
|Website T&Cs||means these terms and conditions as amended from time to time.|