Last updated: 19th of April 2023
Please read these Terms of Service ("Terms") carefully before using the ESOP Pal website (the "Service") operated by ESOP Pal Pty Ltd ("us", "we", or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
To access and use certain features of the Service, you may be required to register for an account. You must provide accurate and complete information during the registration process and keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Some features of the Service may require payment. You agree to pay all applicable fees for the Service, as described in our sales contracts. All fees are non-refundable and non-transferable. We may change the fees for the Service at any time by providing you with advance notice.
You agree not to use the Service for any illegal or unauthorized purpose, including but not limited to:
We may terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to access and use the Service will immediately cease.
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio, video, and software, are the exclusive property of ESOP Pal Pty Ltd or its licensors and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service without our prior written consent.
You are solely responsible for any content that you upload, post, or transmit through the Service ("User Content"). By submitting User Content, you represent and warrant that you have the right to submit the User Content and that the User Content does not infringe upon the rights of any third party. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, and otherwise exploit your User Content in connection with the Service.
The Service may contain links to third-party websites or services that are not owned or controlled by ESOP Pal Pty Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ESOP Pal Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
The Service is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service will meet your requirements.
In no event shall ESOP Pal Pty Ltd, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles, arising out of or in connection with your access to or use of the Service, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless ESOP Pal Pty Ltd, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, to resolve any dispute arising out of or in connection with these Terms or your use of the Service. Any claim or cause of action related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, regardless of any statute or law to the contrary.
ESOP Pal Pty Ltd strives to provide accurate and up-to-date information through the Service. However, we do not warrant or guarantee the accuracy, reliability, completeness, or timeliness of any data or information provided on the Service. You acknowledge and agree that any reliance on the data or information provided on the Service is at your own risk. ESOP Pal Pty Ltd, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles, arising out of or in connection with any financial decisions made based on the data or information provided on the Service, even if we have been advised of the possibility of such damages.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any changes by posting the updated Terms on our website. By continuing to access or use the Service after the changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
If you have any questions or concerns about these Terms or the Service, please contact us at info@ESOPPal.com.