Terms – PocketChange

About the Website
1. Thank you for visiting www.pocketchange.com.au (the Website”), an online advertising platform for adults-only services and products that allows:
  1. individuals or organisations (the “Advertisers”) to publish advertisements (the “Advertisements”);
  2. individual users of the Website to review the Advertisements and access contact details and other information posted by Advertisers (the “Browsers”);
    (collectively referred to as the “Services”).
2. The Website is operated by AP Advertising Pty Ltd (ACN 607 235 665) (“APA”). Access to and use of the Website, or any of its associated products or services, is provided by APA. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or signing up for use of the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
3. APA reserves the right to review and change any of the Terms by updating this page at its sole discretion. When APA updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
1. You accept the Terms by using the Website, registering for the Services and/or accepting the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by APA in the user interface of the Website.
2. You may not accept the terms unless you are at least 18 years of age.
The Services
1. In order to access the Services, you are required to register for an account with APA (the “Account”).
2. As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, academic results, qualifications, interests and past work history). You will also be requested to provide APA with:
  1. an email address and/or preferred username; and
  2. password.
3. You agree that any registration information you give to APA will always be accurate, correct and up to date.
4. Once you have completed the registration process you will be a registered user of the Website (the “User”) and agree to be bound by these Terms.
5. You may not use the Services and may not accept the Terms if:
  1. you are not at least 18 years of age;
  2. you are not of legal age to form a binding contract with APA; or
  3. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Prohibited items
Anything illegal will not be permitted to be advertised on our site. This includes drugs or any drug related paraphernalia, banned supplements that are not TGA / FDA approved, prescription medicines, animals, sex services by anyone under the age of 18, illegal contraband, weapons of any sort (firearms, knives, chemicals etc), human remains or body parts, personal information, credit cards and false IDs, food, hazardous materials, fireworks, lock-picking, dark web information, stolen property, alcohol unless it’s a licensed venue, gaming machines, unlicensed procedures (eg cosmetic: Botox injections).
Your account obligations
1. As a User, you agree:
  1. not to share your profile with any other person;
  2. to use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account;
  4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify APA of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  5. you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;
  6. not to harass, impersonate, stalk, threaten another User of the Website;
  7. not to post false, inaccurate, misleading, defamatory or offensive content on the Website;
  8. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
  9. not to use the Services or the Website to post content or items in inappropriate categories or areas on the Website;
  10. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  11. that you will not use the Service or the Website in such a way that you will expose Users to viruses or other technologies that may harm APA;
  12. that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by APA for any illegal or unauthorised use of the Website; and
  13. that any automated use of the Website or its Services is prohibited.
Using the Services as an Advertiser
1. 5.1 As an Advertiser, the Website provides you with the opportunity to post Advertisements on the Website identifying the type of product and or service presented to the Browsers.
2. The Website also provides Advertisers with the opportunity to purchase a variety of additional services to promote their Advertisements on the Website (the “Advertisement Enhancements”). Notwithstanding the Advertisement Enhancements or the Services generally, you acknowledge and agree that the Website only provides a publishing platform and is in no way responsible for any transaction or interaction between Advertisers and Browsers.
3. In using the Website and the Services, you understand that you may be subject to appropriate state and federal legislation (the “Applicable Law”). You accept that it is your sole responsibility to ensure that you are compliant with the Applicable Law and that, in the event that you are aware, or become aware, that you are not compliant with the same, you must immediately cease all use of the Website and the Services.
4. Where you continue to use the Website and the Services, you warrant that you are legally able to provide the services or products that are the subject of Advertisements on the Website. If you are unsure if you are compliant with the Applicable Law then it is your sole responsibility to identify and comply with all relevant Applicable Law prior to using the Website or the Services.
Using the Services as a Browser
1. As a Browser, the Website provides you with the opportunity to:
  1. review Advertisements posted by Advertisers;
  2. access contact details and other information about Advertisers required to respond to Advertisements and communicate with Advertisers, once you have become a registered User.
2. You acknowledge and understand that APA makes no warranty to the Purchaser as to the quality, accuracy, timeliness, quantity or nature of products or services advertised by the Advertiser.
Payment for Advertisement Enhancements
1. All payments made in the course of use of the Services are made using Paypal Australia Pty Ltd (ACN 111 195 389) (“Paypal”). In using the Website, the Services or when making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on the Paypal website.
2. You acknowledge and agree that where a request for the payment pursuant to these Terms 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 same.
3. You agree and acknowledge that APA can vary the price of Advertisement Enhancements at any time by amending the relevant sections of the Website. The varied price will come into effect immediately following its publication.

Refund Policy
1. You acknowledge and agree that APA only facilitates the introductions between the Advertiser and the Browser and is not liable, in any capacity, for the actions of Advertisers, Browsers or any third party.
2. If, for whatever reason, you are unsatisfied with the Services or believe you may be entitled to a refund with respect to Advertisement Enhancements, then please contact APA outlining why you believe you are entitled to a refund so we may determine if same should occur.
3. Any refunds granted pursuant to this clause 8 will be at APA’s absolute discretion.
Copyright and Intellectual Property
1. The Website, the Services and all of the related products of APA 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 APA or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by APA, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.

APA does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by APA.

1. APA 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:
  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
2. You may not, without the prior written permission of APA 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.
3. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to APA a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Privacy
1. APA takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to APA’s Privacy Policy, which is available on the Website.
General Disclaimer
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.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. APA we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
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 APA make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of APA) 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:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Services or any of the products of APA; and
  4. the Services or operation in respect to links which are provided for your convenience.
4. You acknowledge that APA Website and the Services are only intended to facilitate the interactions between the Purchaser and the Seller and does not offer any services other than the Services and APA holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
Limitation of liability
1. APA’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.
2. You expressly understand and agree that APA, 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.
3. You acknowledge and agree that APA holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
Termination of Contract
1. If you want to terminate the Terms, you may do so by providing APA with fourteen (14) days’ notice of your intention to terminate by sending notice of the same to APA via the ‘Contact Us’ link on our homepage.
2. APA may at any time, terminate the Terms with you if:
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. APA is required to do so by law;
  3. APA is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  4. the provision of the Services to you by APA is, in the opinion of APA, no longer commercially viable.
3. Subject to local applicable laws, APA 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 APA‘s name or reputation or violates the rights of those of another party.
4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and APA have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
1. You agree to indemnify APA, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.
Dispute Resolution
1. Compulsory:
  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).
2. Notice:
  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.
3. Resolution:
  On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
  1. Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Sydney, New South Wales, Australia.
4. Confidential
  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.
5. Termination of Mediation:
  If thirty (30) days 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.
Venue and Jurisdiction
The Services offered by APA 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.
Governing Law
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.
Independent Legal Advice
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.
Severance
1. 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