Terms of Service
Website Terms and Conditions of Use
Welcome to www.pepperpassport.com. This website (Pepper Passport) is owned and operated by ABN 541 0608 5006. By accessing or otherwise using this website (Website) you agree to be bound by the below Terms and Conditions of Use.
Products and Services
Parts of this Website may enable you to purchase products (Products) either on the direct site, or via redirection to another, or subscribe to a data service (a Service). You cannot purchase any Product or subscribe to any Service available on this Website until you are registered as a subscriber to this Website.
In order to access some sections and functions of Pepper Passport, you must provide accurate information of your details for registration in accordance with instructions on the Website. It is your responsibility to keep this registration information current.
Upon acceptance of your registration as a subscriber by Pepper Passport, you will be issued a user name and password in order to use the Website to purchase Products or subscribe to a Service.
Should you as a User, breach any of these Terms of Service and Use, Pepper Passport holds the right to suspend, terminate, hold or delete your registration, and without obligation to explain this. Pepper Passport may also refuse to register any person as a subscriber without giving reason or explanation for such refusal.
Passwords and Account Security
Access to parts of the Website, including those enabling you to purchase Products or subscribe to a Service, is password protected.
Those successfully registered as a User will receive an account username and password. You must memorize your password or store it in a safe and secure place. Do not disclose it to anyone. Treat it like you would your house key. Guarded.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the relevant parts of Website. Accordingly, you agree that you will be solely responsible to Pepper Passport for all activities that occur under your account username.
Should you learn of any unsolicited or unauthorized activity undertaken using your account username, you agree to notify Pepper Passport immediately at email@example.com
User Obligations and Undertakings
Please use Pepper Passport responsibly and respectfully. We reserve the right to halt your access to, or use of all, or part of the Website, without prior notice, if you engage in any conduct Pepper Passport believes;
1. violates any term or provision of these Terms of Service
2. violates the rights of Pepper Passport or third parties; or
3. is otherwise inappropriate, defamatory or untoward.
You agree not to;
1. Upload, post, email or transmit in another way any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
2. Use another’s account, username or password without their permission;
3. Collect or store personal data about other users iv. Misrepresent your identity, age or affiliation with any other person or entity;
4. Impersonate another user or entity;
5. Upload or post any material which you know, or a responsible person should know cannot be legally distributed;
6. Tamper with, hinder the operation or, or make unauthorised modifications to the Website and;
7. Knowingly transmit any virus or other feature that would or has the intention to disable or disrupt the Website.
Use of information and Content
You understand and agree that;
All material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Content), whether;
1. contributed by Pepper Passport, or by you or any other user, and
2. whether publicly or privately transmitted via the website,
Is the sole responsibility of the person or entity that contributed the Content to the Website by uploading or otherwise posting, inserting or providing it.
All material, information and data (detailed above) accessed or used by you, or provided to you through the Website (the Content) comprises the intellectual property of Pepper Passport or any relevant third parties from whom Pepper Passport may license that Content.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by Pepper Passport or by the owners of that Content, in a separate agreement.
You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
Under no circumstances will Pepper Passport be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content; editing, restricting or removing your Content; or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Website.
As a user, when you upload, post , insert or provide any Content to the Website in the course of accessing or using the Website, you agree that such Content will be available to Pepper Passport to use, remove or alter in any matter it thinks fit, subject to the applicable provisions of any legislation, including, without limitation, privacy legislation.
You agree that you will not upload, post, insert or provide any Content which;
1. Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortuous, vulvgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading
2. Infringes the intellectual or other proprietary interests or third parties
3. Impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products such as firearms, tobacco, illicit substances, adult products and services or any other products or service Pepper Passport considers to be inappropriate.
4. Contains spam, chain letters, pyramid or other such selling and marketing schemes, computer virus, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
5. Violates any law, statue or regulation; vi. Forges information to disguise the origin of any Content; or
6. Encourages or incites any other person to engage in any of the above behaviour.
Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Pepper Passport. Subject to these Terms and Conditions of Use, Pepper Passport grants you a non-exclusive, non-transferable, limited licence (Licence) to view download and use information directly available through the Website.
The information, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, unique user interface, look and feel, and control features of this website are protected by copyright, trademark and other intellectual property laws.
You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Pepper Passport’s intellectual property in the Website and will not modify, copy, reproduce, republish, frame, distribute or communicate any part of the Website, or any information contained in it, or otherwise use the Website in a way which will infringe Pepper Passport’S intellectual property or other rights.
Any of the trademarks, service marks, branding marques or logos displayed on the Website may be registered or unregistered marks (Marks) of Pepper Passport. Nothing contained in the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of Pepper Passport. Any unauthorised uses of the Marks are strictly prohibited.
Of any Content uploaded or otherwise posted, inserted or provided by you (including all media now known or not currently known), you agree to grant Pepper Passport an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have.
You agree to waive any moral or similar rights you may have or may acquire in the future of the above mentioned Content in favour and support of Pepper Passport
Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
Pepper Passport does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Pepper Passport does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Pepper Passport’s control.
Pepper Passport makes no commitment to update the information on the Website nor does it warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
Subject to the provisions of the Trade Practices Act 1974 (Cth), Pepper Passport makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Pepper Passport makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Pepper Passport which are or may become linked or framed to or from the Website.
Limitation of Liability
You agree that Pepper Passport is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
1. the use of the Website;
2. the use by Pepper Passport of information provided by you to Pepper Passport through the Website;
3. being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and iv. the use of your Website password by you or any third party to whom you have made the password available.
Pepper Passport expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Pepper Passport’s sole discretion):
1. in the case of goods, any one or more of the following:
a. the replacement of the goods or supply of equivalent goods;
b. the repair of the goods;
c. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
d. the payment of the costs of having the goods repaired; and
2. in the case of services:
a. the supply of the services again; or
b. the payment of the cost of having the services supplied again.
3. You indemnify Pepper Passport against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Pepper Passport, arising from, or which is directly or indirectly, related to:
a. your breach or non-observance of any term of these Terms and Conditions of Use; or
b. any breach or inaccuracy in any representations or warranties made to Pepper Passport.
Terminating your relationship with the company
These Terms and Conditions of Use will continue to apply until terminated by either you or Pepper Passport as set out below.
If you have registered as a subscriber to the e-newsletters from the Website and want to terminate your subscriber relationship with Pepper Passport, you may do so by notifying Pepper Passport in writing. Or by automatically unsubscribing via the directions at the bottom of that e-newsletter.
Pepper Passport may, at any time, terminate its legal agreement with you if:
1. you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
2. Pepper Passport is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
If you breach any provision of these Terms and Conditions of Use, Pepper Passport may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
Links and Advertising
You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Pepper Passport.
This website, including Pepper Passport’s social profiles and electronic direct mail (e-newsletters) may contain links to third party websites. The inclusion of a link does not indicate or imply that Pepper Passport endorses, has investigated or verified the linked website.
This Website, including e-Newsletters and social profiles, may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Pepper Passport nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
Of the prices displayed, and products and services advertised on the Website, all can be changed without notice.
Commission and Fees
You acknowledge and accept that Pepper Passport and its service providers may have a relationship with a third party whose website is linked to this Website. Pepper Passport may receive referral fees and/or commissions from third parties when you buy goods and services from them that are displayed or made available through the Website. Fees/commissions are based on a percentage of the gross payment received by the third party from you.
Pepper Passport may run competitions or promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
Pepper Passport may alter any of the content on the Website at any time.
Amendment of Terms and Conditions of Use
Pepper Passport is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
These Terms and Conditions of Use are governed by the laws of the State of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia (Federal and High Courts) and any other courts, which may hear appeals from those courts in respect to any proceedings in connection with these Terms or Use or the Website.
Pepper Passport has designed the Website for use (but not limited solely to), within the Commonwealth of Australia, and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.