Last updated: November 13, 2020
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pylon in the user interface.
3.1 In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2 In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3 Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').
3.4 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.5. You warrant that any information you give to Pylon in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:
4.1. As a Member, you agree to comply with the following:
5.1. Where the option is given to you, you may make paymentof the Subscription Fee by way of:
5.2. All payments made in the course of your use of the Services are made using Stripe ('Stripe'). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that Pylon can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
5.5. Pylon as facilitator agent via stripe platform for customer payments.
If your customers use the online payment service available on Pylon's Website:
Pylon at no time acts as agent for your customer in any respect in relation to the Online Payment.
You acknowledge and agree:
As a condition to permitting your customers use the online payment service on the website, you hereby warrant to Pylon that you will comply in every respect with the Australian Consumer Law and the relevant installation contract.
You indemnify Pylon for any loss or damage arising out of or in connection with your breach of 5.5(C).
The acknowledgments, warranties, and indemnities under this clause 5.5 are repeated by you on each instance you direct your customers to use the online payment service available on Pylon's website.
Pylon will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Pylon makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
7.1. The Website, the Services and all of the related products of Pylon are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Pylon or its suppliers.
7.2. All trademarks, service marks and trade names that are owned, registered and/or licensed by Pylon, are granted to you in a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
Pylon does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Pylon.
7.3. Pylon retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
7.4. You may not, without the prior written permission of Pylon and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Pylon make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Pylon) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10.1. Pylon's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Pylon, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.1. The Terms will continue to apply until terminated by either you or by Pylon as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Pylon via the 'Contact Us' link on our homepage.
11.3. Pylon may at any time, terminate the Terms with you if:
11.4. Subject to local applicable laws, Pylon reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Pylon's name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Pylon, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Pylon is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.