PEBLY PTY LTD
WEBSITE TERMS OF USE

Effective date: 1/7/2025
Last updated: 1/7/2025

 

IMPORTANT:           

THE PEBLY PLATFORM is AN ECOSYSTEM COMPRISING OF THE PEBLY WEBSITE <www.pebly.com> (“WEBSITE”), MOBILE OR DESKTOP APPLICATIONS, AND ANY OTHER APPLICATIONS, PRODUCTS AND PLATFORMS OFFERED BY THE COMPANY, WHICH ARE DEVELOPED TO OFFER SERVICES ASSOCIATED WITH PEBLY.

THE PEBLY WEBSITE AND ITS ASSOCIATED APPLICATIONS OR PLATFORMS (PLATFORM) ARE OWNED, OPERATED, AND CONTROLLED BY PURPLETUAL PTY LTD (ACN 680 130 410), TRADING AS “PEBLY”, WHO, ALONG WITH ITS ASSOCIATED ENTITIES AND EACH OF THEIR DIRECTORS, AFFILIATES OR EMPLOYEES (AS APPROPRIATE), ARE REFERRED TO AS “PEBLY”, “WE”, “US”, OR “OUR” IN THESE TERMS.

These Terms constitute an agreement legally binding between us and you and every user (registered or unregistered, active or inactive) of PEBLY. THESE TERMS SHOULD BE TAKEN TO GOVERN YOUR USE OF THE ENTIRETY OF OUR PLATFORM, INCLUDING ALL PRODUCTS, PLATFORMS, SERVICES, AND OFFERINGS OF ANY KIND BOTH PRESENT AND FUTURE. by agreeing to these terms or using OUR PLATFORM, you ACCEPT AND agree to be bound by these terms.

if you do not agree to these terms, YOU MUST not access or use THE PEBLY WEBSITE AND ANY SERVICES ASSOCIATED WITH PEBLY.

 

Your use of our Platform

1. Our Platform allows users to view information on the suite of products and services offered by PEBLY, contact and interact with PEBLY’s team, and serves as a digital homepage for PEBLY.

2. Our Platform is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use our Platform.

3. Our Platform’s available functions, features, and additional applications may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or carrier.

4. To use any products and services associated with our Platform, you must download the relevant software or visit the relevant Website through which PEBLY’s products and services are provided, and your use of the Platform will be governed by the Terms of Use displayed for the relevant platform.

5. You further acknowledge that we may update, revise, amend, modify, add to, or delete certain parts of these Terms at our discretion from time to time. Such amendments, modifications, additions, or deletions apply to your use of our website as soon as they are displayed on our Platform. All activities and transactions performed by you using our Platform in any manner will be subject to the latest version of these Terms. The Terms published on the date you view them on our Platform supersede all prior versions.

6. If you breach these Terms or engage in any of the Prohibited Activities, your use of our Platform may be suspended or terminated immediately without notice.

7. We may provide patches, updates, or upgrades (Updates) to our Platform, services, products, and codebases, and you must ensure you are using the latest version of our Platform to access all its features. We may also update our Platform remotely without notifying you, and you hereby consent to us applying updates during which your access to our Platform may be limited or suspended temporarily.

 

Cookies

1. We may use cookies to identify your computer on our server so we can track your use of our Platform. We may collect and store your personal information via cookies and such personal information will only be used as governed by our Privacy Policy .

 

Intellectual Property

1. When using our Platform, you must respect the intellectual property rights of PEBLY.                                                

2. We grant you a non-exclusive, revocable, non-transferrable licence to use our Platform.

3. All information, graphics, data, media, audio, video, and any other material (Platform Content) displayed on or available on our Platform, and all the underlying source code and software, including all trademarks, registered or not, product names, logos and company names mentioned on our Platform, are owned or used under license by us and are protected under the relevant intellectual property laws.

4. Any third-party marks, logos, names, and copyrightable material are displayed under licence or with permission from the respective owners and shall remain the property of their respective owners.

5. Your unauthorised use of our Platform Content may violate copyright, trademark infringements, and any such use may result in your personal liability.

6. If you believe that our intellectual property rights have been infringed or if you become aware of any suspected or actual infringement or any unauthorised use of the intellectual property related to PEBLY and/or our Platform Content, you must notify us immediately.

7. You must provide all assistance and documents required or requested by us in relation to any proceedings that we may bring against any such person for infringement specified above.

8. If we have received a notification against you of copyright infringement, we will give you an opportunity to supply a counter-notification in writing addressing the notification. You accept that you will be liable for damages if you materially misrepresent that the notification against you is inaccurate. Your access to our Platform may be temporarily disabled during the course of investigating a copyright infringement allegation against you. We may, at our sole discretion and as we deem appropriate, disable or terminate your access to our Platform immediately and indefinitely, if you infringe copyrights or intellectual property rights of others.

9. We reserve our rights to claim against you any damages, losses, costs, or expenses (including reasonable legal fees) resulting from or arising out of your copyright infringement.

 

User Representations

1. By accessing and/or using our Platform, you represent and warrant that:

2. you are a bona fide user of our Platform;

3. you will not use our Platform in connection with any of the Prohibited Activities as listed in these Terms;

4. If you fail, or we suspect that you have failed, to comply with any provisions of these representations, without limiting our other rights and remedies, all of which are expressly reserved, we, in our sole discretion and without notice to you, may:

5. terminate your use of our Platform;

6. if we deem necessary, preclude you from future access of our Platform; and

7. terminate any licenses granted hereunder.  

 

Advertising

1. We reserve the right to display advertisements on our Platform. We may allow advertisers to display their advertisements and other information in certain areas of our Platform, including sidebars, pop-ups, and banners. Advertisers are not and are not to be taken to be in a partnership, joint venture, employment, agent, or fiduciary relationship with us or PEBLY.

 

Termination Of Use

1. You may terminate these Terms at any time by deactivating any Account created under your name or associated with you, and terminating your use of our Platform. If you resume use and/or access the features of our Platform, these Terms will apply to you.

2. You agree that we, in our sole discretion, may terminate these Terms or suspend and/or terminate your use of our Platform without the provision of prior notice.

3. If we terminate these Terms or suspend or terminate your access to or use of our Platform due to your breach of these Terms, or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any prohibited activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.

4. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of our Platform. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using our Platform.

5. Upon any termination of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on our Platform, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

 

Disclaimers

1. Our Platform is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

2. Without limiting the above disclaimer, we do not represent, warrant, or guarantee that our Platform, including but not limited to the content made available through our Platform and services and any content you or any other user provides, any websites, social media or any other resource linked to our Platform:

   1. will operate in an uninterrupted, timely, secure or error-free manner;

   2. will always be available or free from all harmful components or errors;

   3. will be secure or immune from unauthorised access;

   4. will be accurate, complete, or reliable; and

   5. will be satisfactory to you.

3. We take no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of our Platform, including, without limitation, to any of the following:

   1. delays, interruption or loss of services;

   2. technical failure, malfunction or shutdown;

   3. server failure, hacks or unavailability;

   4. data loss;

   5. security breach; 

   6. corrupted data on our Platform;

   7. failure to update or provide correct information;

   8. “phishing” or other mobile application impersonating as our Platform or PEBLY;

   9. stolen, lost, or unauthorised use of your means of authorization; and

   10. loss of business or goodwill.

4. In no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of our Platform, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages. This limitation also applies to any claim you may bring against any other party to the extent that we would be required to indemnify that party for such claim.

5. Neither party will be liable to the other party for any loss of anticipated profits or revenue arising from these Terms or the use of our Platform.

6. The limitation of liability set out above shall not be applicable in case of loss or damages caused by us or any of its employees by intentional misconduct or gross negligence.

7. If you have a dispute with us or are dissatisfied with our Platform, termination of your use of our Platform is your sole remedy. We have no other obligation, liability, or responsibility to you.

 

Indemnification

1. To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify us, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable legal fees) resulting from or arising out of:

   1. your alleged or actual breach of these Terms, including, without limitation, your express representations and warranties;

   2. your alleged or actual use or misuse of our Platform or by any person that you allow to use our Platform on your behalf; or

   3. your alleged or actual infringement or violation of any laws or of the rights of a third party.

 

Third-Party Services

1. We may make available certain services, connecting devices, websites, and software from third-party service providers (Third-Party Providers), provided and powered by third-party providers, that will enable you to directly communicate with such provider’s content, devices, and/or software. The Third-Party Providers are independent of us, and we do not furnish any of the Third-Party Services, but rather offers a platform on which you may interact directly with the Third-Party Providers.

2. We may allow you to access a third-party payment gateway from our Platform and that any financial transaction where you elect to pay for a product via a third-party is solely facilitated by that third-party. If you opt to use the services provided by Third-Party Providers, you must abide by their terms and conditions.

3. We do not evaluate, recommend, endorse, or check the credentials of any Third-Party Providers, nor do we protect, monitor, or otherwise have access to any information you share with Third-Party Providers.

4. Any purchase you make through Third-Party Providers will be through their websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the respective third-party.

5. You hereby acknowledge and agree that any Third-Party Providers are being provided to you by the Third-Party Providers and not by us. We are not responsible for the accuracy, reliability, timeliness, and completeness of information contained in any Third-Party Providers, or for the security or safety of using them.

6. Your use of Third-Party Providers will be subject to the terms and conditions provided by the respective Third-Party Providers. You should read and understand such Third-Party Providers’ terms of use and/or other legal agreements before using the Third-Party Providers.

7. You agree to use Third-Party Services at your own risk. You agree to indemnify PEBLY from all liability in relation to Third-Party Services. We accept no liability arising from transactions or services facilitated by any Third-Party Provider.

 

General Terms

1. Governing Law. These Terms, and your use of our Platform, are governed by and constructed in accordance with the laws of the State of Victoria, Australia, and the Courts of Victoria will have non-exclusive jurisdiction over disputes relating to our Platform or Terms.

2. Severability. Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

3. No waiver. Our failure to exercise or enforce at any time, any of the rights or provisions of these Terms, or the failure by us to require at any time performance by you of any of the provisions of these Terms, shall in no way be considered as a present or future waiver of such provisions, nor in any way affect our rights to do so.

4. Assignment. We may assign these Terms and/or delegate any of our obligations hereunder, in whole or in part. You cannot assign or otherwise transfer the benefit of these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any other entity, without our prior written approval, which may be withheld in our absolute discretion.

5. Force Majeure. We will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, pandemics, or any other cause beyond our reasonable control.

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Prohibited Activities

Prohibited Activities include:

1. terrorist financing, money laundering, or illegal gambling;

2. distributing or funding drugs and drug paraphernalia;

3. malicious hacking, including payments for ransomware;

4. any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;

5. knowingly or recklessly providing us with inaccurate or incomplete information through the platform;

6. reverse engineering, disassembling, deciphering, decompiling, deriving the source code of, modifying, adapting, capturing, reproducing, selling, licensing, republishing, editing, exploiting, circumventing, or otherwise attempting to construct, copy, or replicate PEBLY software, source code, formulas, or processes, in whole or in part, as well as the encouraging and assisting of any other person to do any of the foregoing;

7. interfering with the security or the safe use of our Platform by others (including, without limitation, by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the website or its users);

8. using our Platform for any purpose which infringes the intellectual property rights or other rights of any person (including us);

9. knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on our Platform or any products or service of PEBLY;

10. using our Platform or the information contained on any associated platform for any revenue-generation endeavours or commercial purposes, including those which are competitive to our Platform or our business, or which would otherwise be detrimental or prejudicial to our interests in any way;

11. using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to our Platform or which may otherwise place an unreasonable load on the infrastructure of our Platform;

12. publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’, or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);

13. collecting, harvesting, or storing personal data about other users of our Platform, or doing anything else which may interfere with or negatively affect the operation of our Platform or other users;

14. systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

15. using our Platform to advertise or offer to sell goods and services;

16. engaging in unauthorised framing of or linking to our Platform;

17. defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;

18. improperly using our support services or submitting false reports of abuse or misconduct;

19. engaging in any automated use of our Platform, such as using scripts to send comments or messages, or using any data mining tools, robots, spiders, scripts, or similar data gathering and extraction tools to extract, download, index, create multiple accounts for, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any of the features, functions, or parts of our Platform;

20. interfering with, disrupting, or creating an undue burden on our Platform or the networks or services connected to our Platform;

21. using any information obtained from our Platform in order to harass, abuse, or harm another person;

22. attempting to bypass any measures of the site designed to prevent or restrict access to our Platform, or any portion of it;

23. harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of our Platform to you;

24. deleting copyright or other proprietary rights notice from any content from or derived from our Platform;

25. uploading or transmitting (or attempting to upload or to transmit) viruses, trojan horses, time bombs, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Platform or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Platform;

26. uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies, or other similar devices;

27. except as may be the result of standard search engines or internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorised script or other software;

28. disparaging, tarnishing, or otherwise harming, us and/or our Platform, such harm which is assessed and judged at our sole discretion and opinion; and

29. using the site in a manner inconsistent with any applicable laws or regulations.