Last Updated: February 2nd, 2021
If we say ‘Earthpal’, ‘Company’ ‘we’, ‘our’, or ‘us’ in this document, we are referring to Earthpal Pty Ltd. When we say ‘products’ and/or ‘services’, we are referring to any product that is created and maintained by Earthpal Pty Ltd.
1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
2. You may not use our products or services for (this list is not exhaustive):
Child exploitation, sexualization, or abuse
Infringing our intellectual property rights
Malware or spyware
Phishing or otherwise attempting fraud
Violence, or threats of violence
3. You are responsible for all content posted and activity that occurs on your account. That includes content posted by others who either:
(a) have access to your login credentials; or
(b) have their own logins under your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payments and Refunds
If you are using a free product or service, we will not ask for your credit card information or any other payment information.
If you are proposing to use a paid product or service, we will make this clear to you.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Cancellation and Termination
You are solely responsible for the cancellation or your account, which can be done so by emailing our Support team at [email protected]
You will not be able to access your account once you cancel It.
We will permanently delete your account data within 30 days from our servers and logs. Data cannot be recovered once it has been permanently deleted.
We have the right to suspend or terminate your account and refuse any and all current or future use of our services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will also result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the services to anyone for any reason at any time.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of Company employees will result in the immediate termination of your account.
Modifications to Prices and Services
It may become technically impossible to continue a feature or we may redesign a part of our products and/or services because we think it could be improved. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our services with or without notice to you.
Sometimes we change the pricing structure for our products. When we do that, we may endeavour to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 14 days’ notice and will notify you via your account or the email address we have for you on record. We may also post a notice about changes on our website.
Privacy and Security
Your use of our products and services is at your sole risk. We provide these products and services on an “as is” and “as available” basis. We do not offer service-level agreements.
We can access your data for the following reasons:
To help you with support requests you make. We will ask for express consent before accessing your account.
To ensure the safety and security of the company and other users of our products and services. We may look at logs and metadata as part of our work to ensure the security of your data and the services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To comply with any statutory legal requirements.
5. Aggregated data will be averaged from all users to:
Monitor total emissions
Monitor planet-friendly commitment participation and CO2 savings
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our products and services.
Copyright and Content Ownership
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, without the express written permission by the Company.
You agree that the Application Is for your personal use only and must not be used for commercial purposes.
You must not modify another website so as to falsely imply that it is associated with the products or services of the Company, or the Company.
Features and Bugs
We make no guarantees that our products or services will meet your specific requirements or expectations.
As with any software, our products and services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we do not guarantee completely error-free services.
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the services;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(vi) in no event will Earthpal be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Application.
Acceptable Use Policy
Your use of the Earthpal Application is subject to the following Acceptable Use Policy. You shall not, and you shall not instruct nor enable others to, take any actions designed or intended to:
Use the Earthpal Application to create, market or distribute a competitive product or service;
Modify, copy, resell or sub-licence the whole or any part of the Earthpal Application;
Reverse engineer, decompile, unbundle, disassemble, or create derivative works based on, the whole or any part of the Earthpal Application;
Circumvent, disable, or interfere with security-related features of the Earthpal Application;
Re-use, disseminate, copy, or otherwise use the Earthpal Application in a way that infringes, misappropriates, or violates any intellectual property rights or other right of Earthpal or any third party; or
Remove, alter, obscure Earthpal’s trademark, copyright notice, any other proprietary notice or any disclaimers from the Earthpal Application.
Earthpal provides API’s, links and pointers to applications maintained by third parties from its Application and these linked sites are not under the control of Earthpal and Earthpal is not responsible for the contents (including the accuracy, legality or decency) of any linked application or any link contained in a linked application. Earthpal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Earthpal of the linked application.
Earthpal is not responsible for the copyright compliance of any linked application.
Earthpal will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
Questions or Changes
We may update this policy as needed to comply with relevant regulations and reflect any new practices.