In these terms and conditions, "us", "we" or "our" means PitaPata.com (ABN 72 866 880 115).
It is important to us that you understand these terms and conditions. If you
have any questions, please contact us at via the Contact
(http://pitapata.com/privacy_policy.php) and any other terms and conditions, notices and disclaimers displayed elsewhere on PitaPata relating to
your use of PitaPata (PitaPata Terms).
- We may change the PitaPata Terms at any time. If we do, an amended
version of the PitaPata Terms will be posted on PitaPata. You are responsible
for ensuring that you regularly review the PitaPata Terms and your continued
use of PitaPata after any changes are made to the PitaPata Terms will be deemed
to constitute your acceptance of those changes. If you object to any changes to
the PitaPata Terms, or otherwise become dissatisfied with your membership of
PitaPata, your only remedy is to immediately:
- discontinue your use of PitaPata; and/or
- terminate your membership in accordance with the PitaPata Terms.
Termination and Suspension
- You may terminate your membership of PitaPata for any reason only by providing written notice to us. You can provide notice of termination by:
writing to us via the Contact (http://pitapata.com/contact.php) page.
- We reserve the right to, without limitation, do any or all of the following in relation to your membership:
- suspend your membership;
- terminate your membership for any reason by providing notice to you by email;
- terminate your membership immediately without notice to you if you have committed a breach of the PitaPata Terms;
- deactivate your membership if you have not used PitaPata for a period of 6 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of PitaPata.
Service and Features
- While we use reasonable endeavours to ensure that PitaPata is available 24 hours a day, we do not make any representations
or warranties that your access will be uninterrupted or error free. Access to PitaPata may be suspended temporarily without
notice in the case of system failure, maintenance or repair or any reason beyond our control.
- We reserve the right to change or discontinue any service or feature of PitaPata in whole or in part any time.
By asking a question of PitaPata.com, you agree that any counsel given by
e-mail, telephone, or through the website is non-authoritative, and that you
will not rely upon this information, and that you will consult with a qualified
professional before making any decisions. You agree that PitaPata.com assumes
no liability from answering these questions, or posting this information.
- You are responsible for maintaining the confidentiality and
security of your PitaPata sign-in email and password. You are wholly
responsible for all activities that occur under your PitaPata sign-in email
and password. You agree to immediately notify PitaPata of any unauthorised use
of your PitaPata sign-in email or password. You must ensure that you exit from
your PitaPata account at the end of each session.
- PitaPata may at any time request a form of identification to verify your identity and/or your compliance with the PitaPata Terms.
- Any images, or text (Content) that you transmit or post on
PitaPata, or otherwise transmit to any other member of PitaPata by any other
means, must be complete and accurate.
- You agree not to post or transmit on PitaPata, or otherwise transmit to any other member of PitaPata by any other means, Content that:
- is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- is false or misleading in any way;
- infringes the rights of any third party;
- you do not have a right to make available under any law or contractual obligation;
- is sexually explicit or contains sexual references / innuendo;
- pertains to group sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer
software or hardware.
- You are solely responsible for Content that you transmit or post on PitaPata, or otherwise transmit to any member of PitaPata by any
- We are not responsible for, and accept no liability with respect
to, any Content transmitted or posted on PitaPata, or otherwise transmitted to
any member of PitaPata by any other means, by any person.
- We reserve the right, but have no obligation, to review Content
transmitted or posted on PitaPata, or (where possible) otherwise transmitted to
any member of PitaPata by any other means.
- Without limiting your responsibilities under the PitaPata Terms, we
reserve the right to modify and/or remove any Content that, in our opinion,
violates the PitaPata Terms or otherwise has the potential to harm, endanger or
violate the rights of any person.
- We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted
on PitaPata, or otherwise transmitted to any other member of PitaPata by any other means, by any person. Furthermore, we do not endorse
any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense
resulting from anyone's reliance on Content posted or transmitted on PitaPata, or otherwise transmitted to any other member of PitaPata
by any other means.
Use of PitaPata and Prohibited Activities
- You agree not to use PitaPata (or contact any other PitaPata member) to:
- defame, abuse, harass, stalk, threaten or otherwise offend others;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
- impersonate or create an account for any person or entity;
- promote, or provide information about, illegal activities or conduct;
- promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
- exploit any person under the age of 18, or to solicit information from anyone under 18; or
- solicit money, passwords or personal information from any person.
- You also agree not to
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure
or presentation of PitaPata;
- "frame" or "mirror" any part of PitaPata without our prior written authorization;
- use code or other devices containing any reference to PitaPata to direct other persons to any other web page;
- except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of PitaPata or cause any other person to do so.
- PitaPata is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from
registering as members. PitaPata must not be used for commercial endeavours, including advertising, selling or hiring products or services,
collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to PitaPata is prohibited.
- We have no obligation to monitor any member's use of PitaPata, however, we reserve the right at all times to monitor, retain and disclose any
information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
Safe Interaction, Complaints and Disputes
- If you are experiencing problems with any other member of PitaPata and would like to make a complaint, please send us an email via the
Contact (http://pitapata.com.au/contact.php) page.
- We may record and store any information relating to any complaint made against you.
- We reserve the right, but have no obligation, to monitor disputes between members of PitaPata.
- You agree to hold us harmless in connection with any dispute or claim that you make against any other member of PitaPata.
- We own and retain all proprietary rights in and relating to PitaPata. Proprietary rights in and relating to PitaPata must not be used
in any way without our prior written consent.
- You warrant that any Content that you post or transmit on PitaPata, or otherwise transmit to any other member of PitaPata by any
other means, will not infringe the intellectual property rights of any third party.
(http://pitapata.com/privacy_policy.php) you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in
whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
- No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or
transmitted on PitaPata, or otherwise transmitted to any member of PitaPata, other than their own Content, without the express written
permission of the relevant owner.
- If you believe that any Content has been posted or transmitted on PitaPata, or otherwise transmitted to any member of PitaPata by any other
means, in violation of your rights, please send us an email via the Contact
Third Party Websites and Advertising
- From time to time, PitaPata may feature or display hyperlinks and pointers to websites operated by third parties. Such websites
do not form part of PitaPata and are not under our control. We do not accept any responsibility for the contents of any such hyperlink
or linked website. If you link to any third party websites you leave PitaPata entirely at your own risk.
- From time to time, PitaPata may also feature or display third party advertising. By featuring or displaying such advertising,
we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of Liability and Indemnity
- You acknowledge that you use PitaPata at your own risk.
- You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with
PitaPata, or any other members' use of or conduct in connection with PitaPata, in any circumstance.
- You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use
of or conduct in connection with PitaPata, including any breach by you of the PitaPata Terms.
- To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the PitaPata Terms, might
apply in relation to your use of PitaPata.
- To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any)
for any chargeable service or feature on PitaPata purchased by you during the term of your membership.
- In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill,
data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in
tort, contract or otherwise.
- No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the PitaPata Terms or your use
- The PitaPata Terms represent the entire agreement between you and us regarding your use of PitaPata.
- If any provision of the PitaPata Terms is held to be invalid, the remainder of the PitaPata Terms shall
continue in full force and effect.
- You agree that the PitaPata Terms will be governed by the laws of New South Wales, Australia.