Pollemix Terms & Conditions

These Terms of Use (“Terms”) govern your use of our website located at www.pollemix.com (“Site”) and form a binding contractual agreement between you, the user of the Site and us, POLLEMIX PTY LTD ACN 634 912 897 (”Pollemix”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on [email protected].

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

You are responsible for regular reviewing of these terms and shall be deemed to have been notified of these changes upon their update.  Pollemix reserves the right, at its sole discretion, to change, amend or modify these terms and the policies relating to the Services at any time.

1. Licence to use Site

  1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
  2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
  3. You must not add any content to the Site:
    • unless you hold all necessary rights, licences and consents to do so;
    • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
    • that would bring us, or the Site, into disrepute; or
    • that infringes the intellectual property or other rights of any person.
  4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
  5. You acknowledge and agree that:
  6. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
  7. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights

  1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
  2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
  3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  4. The licence in clause 2.3 will survive any termination of these Terms.
  5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3. Warranties

  1. You represent and warrant to us that:
    • you have the legal capacity to enter these Terms; and
    • you have complied with clause 1.3.

4. Liability

  1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
  1. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
  2. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
    • in the case of goods:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of the goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of having the goods repaired, and
    • in the case of services:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.

5. Indemnification

  1. You agree to defend, indemnify and hold Pollemix harmless, including Pollemix’s independent contractors, service providers, consultants, subsidiaries, affiliates, directors, officers, employees, assigns, and agents, from and against any and all loss, claims, actual or threatened suits, demands, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of, associated with, or related to your use of the sites or any alleged violation by you of these terms or the rights of any third party, including, without limitation, your conduct and any user content you post, store or otherwise transmit on or through the sites, or any act or omission relating to the sites or the user content.

6. Facebook, Twitter and Social Media Sharing

  1. In using our website you have the option to share content on Social Media. By doing so, you agree:
    • you will not provide false information or share via a social media account belonging to anyone other than yourself without their permission;
    • you will abide by the Terms and Conditions of Use of any Third-Party sharing site;
    • com may, in its sole discretion, disable your account, or block your ability to share content and/or request that content relating to Pollemix.com be removed from your social media accounts if you violate these Terms; and
    • that if we disable your account or block your ability to use social media connectivity features, you will not create another account or attempt to use our Services again without Pollemix.com’s express written permission.

7. Privacy

  1. Pollemix.com respects your privacy and strives to provide a transparent and positive user experience. Details regarding the information the Site collects and the ways we use it can be found in our Privacy Policy. By using the Services, you agree to the terms and conditions set forth therein.

8. User Content

  1. By using the Site and participating in the content, you may be required to submit responses to polls and other content to the Site (User Content) which may or will be visible to other users of the Site
  2. You acknowledge that the User Content provided by you is your sole responsibility. This means that you, and not the Site, are entirely responsible for all User Content you upload, post, link to email, social media platforms, or otherwise transmit through or by your use of the Site or your participation in any of the services or polls on the Site.
  3. Pollemix does not own, nor pre-screen or control the User Content posted on the Site. You are responsible for your own User Content and you must ensure that you have all the rights in connection with the User Content. For this reason, Pollemix does not guarantee the accuracy, integrity or quality of such User Content, and assumes no liability in respect of the User Content.
  4. You understand that by using the Site you may be exposed to User Content and you agree that you must evaluate, and bear all risks associated with the use of any User Content, including any reliance on the accuracy completeness, or usefulness of said content.
  5. You agree that by accepting the terms 8.1 to 8.4 that Pollemix may at their sole discretion, refuse, edit, move or remove any User Content that violates the terms and conditions of use.

9. Notices

  1. All notices, request or other communications required to be given under these Terms must be in writing. Pollemix may give notice by means of a general notice on the Site. You may give notice to Pollemix by emailing at [email protected].  A general notice on Pollemix shall be deemed to have been served next time you use the services.

10. Termination

  1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
  2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

11. Copyright Complaints

  1. If you believe in good faith that materials hosted by the website infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing POLLEMIX with the following information in writing:
    • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Site;
    • your name, address, telephone number, and email address and all other information reasonably sufficient to permit POLLEMIX to contact you;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon POLLEMIX actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to POLLEMIX a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA
  3. Notice of claims of copyright infringement can be emailed to [email protected]. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the contact address for POLLEMIX set forth below:
    • your physical or electronic signature;
    • identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
    • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content; and
    • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  4. Counter-notice of claims of copyright infringement can be sent to [email protected]. If a counter-notice is received, you agree that POLLEMIX may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at POLLEMIX’s sole discretion. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

12. General

  1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
  2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  4. This Agreement is governed by the laws of Queensland Australia and each party submits to the jurisdiction of the courts of Queensland Australia.