Terms and Conditions
1. Website terms and conditions
1.1. The website www.thepistol.com.au (Site) is operated by Tiger Pistol Pty Ltd ACN 150 243 262 (The Pistol).
1.2. Your access and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this documents and elsewhere on the Site (collectively, the Terms).
1.3. The Pistol reserves the right to amend any part of the Terms at any time without prior notice. Your continued use of the Site after such changes constitutes your acceptance of the variations. You should visit this page periodically to review the Terms.
1.4. Your use of and/or continued access to the Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms as amended. If you object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site and/or cancel your use of the Services.
1.5. If you violate the Terms, The Pistol may immediately terminate your right to use and access the Site and the Services without further notice.
2. Intellectual Property
2.1. The content of the Site, including all information, data, text, graphics, images, sound files, software, advertisements and other material (Content), is and remains at all times the property of The Pistol and its licensors and is protected by Australian and international copyright law. Ownership of the content of your Campaigns and Custom Tabs, and any content contributed to third parties to the Campaigns and Custom Tabs, is dealt with in clause 8 of the Terms.
2.2. The Content must only be used in accordance with the Terms and any additional terms and conditions specified by the licensors of the Content. In particular, you must not:
2.2.1. download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file;
2.2.2. modify or otherwise make derivative works of the Site or the Content;
2.2.3. remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
2.2.4. use any data mining, robots or similar data gathering or extraction methods; nor
2.2.5. use the Site or the Content other than for its intended purpose.
2.3. All names, logos and trademarks are the property of The Pistol or third parties who have contributed to the Site. Nothing on the Site should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of The Pistol or the relevant contributor.
3. Use of Site
3.1. You must be 18 years of age or over to use this Site. If you are under the age of 18 years, you must discontinue your use of the Site immediately.
3.2. You must not use the Site or the Services in any manner or for any purpose that is unlawful, violates any right of The Pistol, prohibited by the Terms or potentially detrimental to the image or reputation of The Pistol Group. In particular, it is a condition of your use of and/or access to the Site that you do NOT do any of the following:
3.2.1. disrupt or interfere with in any way the Site or the Content;
3.2.2. disrupt or interfere with in any way any server, software, hardware or equipment, operated by The Pistol or third parties, that is connected to or via the Site;
3.2.3. violate any applicable law, statute, ordinance or regulation;
3.2.4. distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or
3.2.5. bypass any security mechanisms imposed by the Site.
3.3. The Pistol reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Site.
3.4. If you register for an account on the Site, or place an order for Services, you must:
3.4.1. provide accurate, current and complete information as required;
3.4.2. maintain the security of your login details and password; and
3.4.3. maintain and update as necessary any information provided.
4.1. The Pistol may cease making the Site, the Services or any of the Applications available at any time in order to perform any required maintenance or implement any upgrades.
4.2. The Pistol will endeavour to provide you with reasonable notice of any scheduled maintenance but may not be able to provide notice in all circumstances.
5. Hyperlinks and marketplace
5.1. The Site may contain:
5.1.1. hyperlinks and other pointers to interested website operated by third parties (Linked Sites); and
5.1.2. a marketplace on which third parties advertise relevant products and services (Third Party Materials).
5.2. The Pistol does not sponsor or endorse the Linked Sites or Third Party Materials.
5.3. The Linked Sites and Third Party Materials are not under the control of The Pistol and The Pistol is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Linked Sites or Third Party Materials or any hyperlink contained in a Linked Site.
5.4. You link to any Linked Site, and use any Third Party Materials, entirely at your own risk and The Pistol is in no way liable or responsible for any advertising, products or materials on or available from the Linked Sites or promoted by the Third Party Materials.
5.5. The Pistol is not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Linked Site or use of a product or service promoted on the marketplace.
5.6. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party and that The Pistol is not in any way responsible for any such use by you.
6. Use and retention of data
6.3. The Pistol will not use any Campaign Data to contact participants of your Campaign without permission.
6.4. The Pistol will not sell your information, or any Campaign Data, to any other customers or third parties.
6.5. The Pistol will retain all Campaign Data for a period of [12 months] after a Campaign has finished unless otherwise agreed in writing, or until it is no longer needed for the purpose for which it was collected, whichever is earlier.
7.1. All orders or requests for Services must be made in accordance with the procedure specified on the Site. The Services will be made available to you subject to the Terms.
7.2. The Services are provided on a pre-paid basis and the fees will be notified to you prior to the finalisation of your order. Any fees quoted on the Site are subject to alteration without notice.
7.3. The Pistol reserves the right to accept or reject the Customer's order or requests for Services for any reason, including without limitation, the unavailability of the Services, an error in the price or an error in the order or request.
7.4. All fees shown on the Site are in Australian dollars ($AUD). If any goods and services or value-added tax (Tax) is payable in connection with the provision of the Services, the fees (unless specified to be Tax inclusive) will be increased by an amount equal to the amount of Tax payable in respect of the Fees.
7.5. The fees will be converted into the currency in which payment is made at the time of payment and must be paid in full without set-off or deduction. If you are required to deduct withholding tax from fees paid or payable to The Pistol, the fees must be grossed up so that The Pistol receives the net amount that it would have been paid had there been no deduction for withholding tax.
7.6. Payment of all fees must be made in accordance with the process specified on the Site from time to time. The Pistol reserves the right to change the payment process without notice.
7.7. Where payments are processed using a platform operated by a third party, you must comply with the terms and conditions relating to the operation of the platform which will be notified to you separately.
8. Campaigns and Custom Tabs
8.1. You must ensure that any Campaign or Custom Tab that you create does not contain any content that:
8.1.1. is obscene, offensive, defamatory;
8.1.2. breaches any law or regulation; or
8.1.3. breaches any duty or obligation owed to a third party or infringes any rights of a third party.
8.2. The Pistol is not responsible for moderating the content of any Campaign or Custom Tab that you create but may monitor the content of any Campaign or Custom Tab in its absolute discretion. The Pistol will process and investigate proper notices of alleged intellectual property infringements related to material on any Campaign or Custom Tab and you must comply with any such investigations. The Pistol’s response may include the immediate removal or disabling of the infringing material without giving you notice.
8.3. The Pistol reserves the right, without notice and in its sole and absolute discretion to discontinue, suspend or terminate any Campaign or Custom Tab created by you without notice. If this occurs, The Pistol will refund any fees paid by you in respect of the period after termination or during the period of suspension (provided you have complied with the Terms).
8.4. The Pistol may subcontract or delegate the provision of some or all of the Services, including the hosting of the Campaign or Custom Tab, in its absolute discretion on condition that The Pistol remains responsible for the delivery of the Services.
8.5. By using the Services to create and run a Campaign you grant The Pistol a perpetual, royalty-free, transferable licence to use the content and imagery of any Campaigns created by you (Your Content) and to modify, adapt, translate, and create derivative works from Your Content for the purpose of providing the Services and promoting the Site and the Services.
8.6. The Pistol may collect and use data relating to any Campaign or Custom Tab that you create for the purpose of tracking the response to the Campaign or Custom Tab and preparing reports (on an anonymous basis) comparing the response to different Campaigns and or Custom Tabs created by different users.
8.7. If you publish a Campaign or Custom Tab on a website or forum operated by a third party, you must comply with the terms and conditions applicable to the website or forum as amended from time to time.
8.8. You are solely responsible for Your Content and your Campaign or Custom Tab and for ensuring that any Campaign complies with all laws and regulations and for obtaining any necessary licences, permits or authorities necessary to run the Campaign.
9.1. You indemnify The Pistol Group and their Personnel (Indemnified Persons) against:
9.1.1. all losses incurred by the Indemnified Persons;
9.1.2. all liabilities incurred by the Indemnified Persons; and
9.1.3. all costs actually payable by the Indemnified Persons to their own legal representatives (whether or not under a costs agreement) and other expenses incurred by the Indemnified Persons in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);
arising directly or indirectly as a result of or in connection with:
9.1.4. any third party claims against the Indemnified Persons arising from your use of or access to the Site or your use of the Services, including any Campaigns you create and run;
9.1.5. any breach or violation of the Terms by you.
10.1. All Content is provided on an “as is” basis and The Pistol and its Personnel do not warrant or make any representations about the correctness, accuracy, timelines, completeness, reliability, quality or otherwise of the Content.
10.2. The use of the Site, the Services and the Content is entirely at your own risk. Changes are periodically made to the Site, the Services and the Content and may be made at any time.
10.3. The Pistol and its Personnel do not warrant that your access to the Site will be uninterrupted or that the Site will operate error free, that any defects will be corrected or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material.
10.4. The Pistol is not responsible for any loss of data that may occur from your use of the Services. It is your responsibility to ensure that all Campaigns and associated data are backed up by you.
10.5. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
10.6. The Pistol and its Personnel do not warrant that the components of the Services are fit for purpose. It is your responsibility to satisfy yourself that the Services are suitable and fit for purpose prior to utilising the Services.
11. Limitation of Liability
11.1. To the fullest extent permitted by law:
11.1.1. The Pistol, The Pistol’s Personnel and any third parties mentioned on the Site are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Site, the Services or any Content;
11.1.2. The Pistol expressly excludes conditions and warranties implied by custom, law or statue; and
11.1.3. the liability of The Pistol for breach of any condition or warranty that cannot be excluded by law is limited at the option of The Pistol to:
18.104.22.168. the supply of the Services again; or
22.214.171.124. the payment of the cost of having Services supplied again.
11.2. Notwithstanding the above, nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified, or your rights or remedies against us for failure of a statutory guarantee under applicable law.
12.1. The Pistol is not liable, and any obligations it has are suspended, during the time and to the extent that The Pistol is prevented from providing Services due to a circumstance beyond the reasonable control of The Pistol including Force Majeure Events.
12.2. If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
12.3. All rights not expressly granted in this document are reserved.
12.4. The Pistol may licence, subcontract and/or assign all or any part of its rights and/or obligations under these Terms without your consent. You cannot licence, subcontract or assign without the written approval of The Pistol.
12.5. The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
12.6. Both parties warrant that they have the power to enter into these Terms and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that these Terms creates binding and valid legal obligations on them.
12.7. In the Terms:
12.7.1. Application means software tools and other applications supplied by The Pistol through the Site for your use;
12.7.2. Campaign means a social media marketing campaign or any other campaign developed using an Application;
12.7.3. Campaign Data means any data generated from a Campaign run by you;
12.7.4. Custom Tab means a web page that is developed using an Application;
12.7.5. Force Majeure Events means a circumstance beyond the reasonable control of the parties and which results in a party being unable to observe or perform on time an obligation under these Terms. Such circumstances include, but are not be limited to, acts of God, lightning strikes, pandemics, earthquakes, floods, droughts, storms, tsunamis and any other natural disasters, explosions, fires, acts of war, terrorism, civil uprising, malicious damage, sabotage and revolution.
12.7.6. Personnel means the officers, employees, professional advisers, representatives and agents of The Pistol;
12.7.7. Services means the services provided by The Pistol on or through the Site, including making Applications available to assist in the development of Campaigns and hosting Campaigns; and
12.7.8. The Pistol Group means The Pistol and its related entities.
12.8. The Terms are governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
12.9. The information on this Site and the Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
12.9.1. if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;
12.9.2. if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site; and
12.9.3. subject to above, you are responsible for compliance with the local laws of the User Country at all times when using the Site.
Last updated: September 2020.