Terms and Conditions

Welcome to the Pozible Terms and Conditions (or “Agreement”). This Agreement describes the terms and conditions that govern your use of our services at http://www.pozible.com/ (our "Site" or “Platform”). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Pozible's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time, and you agree that they form part of this Agreement. Our Privacy Policies may be accessed here: Privacy Policy. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by Pozible and its related and affiliated companies, to the extent that you use those websites.

We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with Pozible. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.

Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and Pozible.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

Pozible is a Venue and a Service Provider

Pozible is an online crowdfunding service and acts as a venue to allow members who comply with Pozible's policies to offer, sell and buy certain goods or experiences within a fixed-price format. Pozible allows invited individuals, groups and organisations ("Project Creators") to list projects and raise funds through selling items, experiences and offering services ("Rewards") to new and existing Pozible members ("Project Supporters").

Pozible is not directly involved in the transaction between Project Creators and Project Supporters. As a result, Pozible has no control over the quality, safety, morality or legality of any aspect of the Rewards listed, the truth or accuracy of the listings, the ability of Project Creator to sell Rewards or the ability of Project Supporter to pay for Rewards. Pozible cannot ensure that a Project Supporter or a Project Creator will actually complete a transaction. Consequently, Pozible does not transfer legal ownership of Rewards from the Project Supporter to the Project Creator.

Pozible cannot guarantee the true identity, age, and nationality of a member.

You agree that Pozible is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on Pozible. You use the Pozible service at your own risk.

Projects

All funds are collected for Project Creators through the PayPal online payment service and/or the Pozible Credit/Debit Card Merchant facility. Pozible collects and transfers these funds to the Project Creator only if the project is successfully funded before the Project Deadline.

Pozible shall not be liable for the interactions with any organisations and/or individuals found on or through the Pozible service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Pozible.

Pozible cannot be held liable for the actions of a Project Creator, Project Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. Pozible does not oversee the performance or punctuality of projects. Pozible reserves the right to cancel a project listing and refund all associated members' payments at any time for any reason. Pozible reserves the right to remove a project listing from public listings for any reason.

Pozible is not responsible for any damage or loss incurred as a result of any dealings on the Pozible platform. All dealings are solely between you and such individuals and/or organisations. Pozible is under no obligation to become involved in disputes between Project Supporters and Project Creators, or between site members and any third party. In the event of a dispute, you release Pozible employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Pozible cannot guarantee the performance or reliability of the PayPal online payment service. Additionally, because of occasional failures of some credit cards, Pozible cannot guarantee the full receipt of the total funds pledged to a Project Creator's project.

Project creators and Project supporters must also agree and comply with the PayPal Acceptable Use Policy

Pozible cannot guarantee the full receipt of pledged funds due to occasional failures when capturing funds from debit and credit cards.

Project Rewards and After Sales

By listing an Project Reward on the Site you warrant that you and all aspects of the Reward comply with Pozible's published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Project Description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experiences on offer. If the "Available" quantity is more than one or unlimited, all items and/or experiences listed in that Reward tier must be identical. Each unique Reward must have its own listing as a new Reward.

All Project Creators are urged to outline seller policies for their Pozible Project. These policies may include, for example, shipping, returns, payment and selling policies. Project Creators must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with Pozible's site-wide policies. Project Creators are responsible for enforcing their own reasonable seller policies. Pozible reserves the right to request that a Project Creator modify a seller policy.

All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Project Supporter, unless there is an exceptional circumstance, such as: (a) the Project Supporter fails to meet the terms of the Project Creator's listing (such as payment method), or (b) the Project Creator cannot authenticate the Project Supporter's identity. The Project Supporter is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance.

Pozible Collections / Pozible Project Sponsorship


The Pozible Sponsorship Advertisement (or also known as "Pozible Collection") service terms apply to all services provided to any person (‘Customer’) by Pozible. Customer includes organisations on whose behalf sponsorship advertisements are placed and any media company or agency that arranges the sponsorship advertisements for its clients.

Publication of Sponsorship Advertising
Subject to these Terms, Pozible will use its reasonable endeavours to publish sponsorship advertisements (‘Advertisements’) in the format and in the position specified by the service. Sponsorship advertisements includes images and logos submitted for publication and content or information relating to published.
Customer grants Pozible a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, online or other. Customer warrants that it is authorised to grant Pozible the licence.

Right to Refuse Advertising
Pozible reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Pozible).

Right to vary Format, Placement or Distribution
Pozible will use reasonable efforts to publish Advertising in the format and in the position specified to the Customer. However, Pozible reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).
Pozible will not be liable for any loss or damage incurred by a Customer arising from Pozible’s failure to publish Advertising in accordance with a Customer’s request.

Submission of Sponsorship Advertising
Customer warrants to Pozible that the publication of the Advertising does not breach or infringe:
- the Competition and Consumer Act (Cth) or equivalent State legislation;
- any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
- any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
- State or Commonwealth privacy legislation or anti-discrimination legislation;
- any financial services law as defined in the Corporations Act 2001 (Cth); or
- any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

Pozible will not be responsible for any loss or damage to any Advertising material left in its control.
Advertising submitted electronically must comply with Pozible’s specifications. Pozible may reject the Advertising material if it is not submitted in accordance with such specifications.
If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
Customer must not resell Advertising space to any third party without Pozible’s consent.
If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Pozible against any loss in connection with the Advertising.

Online Advertising Content
All online Advertising (including rich media) must comply with Pozible’s advertising and image specifications.
Pozible will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of Pozible’s billing and assessment of Advertising.
Pozible is not liable for loss or damage from an internet or telecommunications failure.

Errors
Customer must promptly check proofs of Advertising (if provided to the Customer by Pozible) and notify Pozible of any errors in the proofs or in published Advertising.
Pozible does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.

Payment
The Customer must pre-pay for Advertising through purchasing Pozible credits. Credits are purchased through the Pozible platform in the account section of the website.
The Customer must pay for Advertising, unless otherwise agreed. Customer must pay GST at the time it pays for Advertising. Pozible will provide a tax invoice or adjustment note (as applicable).

Failure to Pay and Other Breach
If Customer breaches these terms, fails to pay for Advertising, Pozible may (in its discretion and without limitation):
- cancel any provision of credit to Customer;
- take proceedings against the Customer for any outstanding amounts;
- recover Pozible’s costs including mercantile agency and legal costs on a full indemnity basis;
- cease publication of further Advertising or terminate an agreement for Advertising not published;
- exercise any other rights at law.

Confidentiality
Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
- the terms of this Agreement;
- information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising prices;
- any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
- any information derived wholly or partly for any information
- above;

Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.

Liability
The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Pozible in connection with the Advertising or other additional Pozible services.
Pozible excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded (‘Nonexcludable Condition’).

Pozible limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Pozible to the re-supply of the Advertising or payment of the cost of re-supply (at Pozible’s option).
Pozible excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Pozible, whether that liability arises in contract, tort (including by Pozible’s negligence) or under statute. Without limitation, Pozible will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.

The Customer indemnifies Pozible and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.

Pozible Credits

The Pozible Credits virtual currency (“Credits”) is a payment method for virtual services on our platform. Credits can only be used on Pozible, and you can only get or purchase items using Credits by being a member of Pozible. Pozible Credits are used as a form of payment for:
1. additional Pozible services (ie. Pozible Collection)
2. pledging to Pozible projects [Australia Only]

- When you purchase or receive Credits, you do not own those Credits. What you have is a limited right to use the Credits in connection with certain features and services on Pozible, such as the purchase of a Pozible Collection or a pledge to a Pozible Project. - Except as otherwise stated, purchases of Credits are non-refundable to the full extent permitted by law.

You will not sell Credits to anyone, or transfer them to anyone outside of Pozible.
We may change the purchase price for Credits at any time, as well as the ways that you can use or transfer Credits. We also reserve the right to stop issuing Credits.

Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing or unless required by law.
Pozible has in the past issued a small number of free or promotional Credits to users. We may expire these at any time.

You may be required to accrue a minimum amount of Credits and be successfully billed before the Credit is applied to your account.
It is your responsibility to keep track of the Credits in your Account. If for some reason there is a discrepancy concerning your balance, please contact us at support@pozible.com. Pozible may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Pozible's sole discretion.
We may cancel, suspend, revoke, or otherwise limit your access to your Credit if we suspect fraudulent, abusive, or unlawful activity with regard to your Pozible Credits or if it is established that a Member has acted in violation these Terms and Conditions.
With respect to the "purchase" of virtual items from Pozible such as the collection or other virtual items for use on pozible.com, you acknowledge that, subject to these Terms and Conditions, you will receive a limited license to use these virtual items within the Pozible platform, and not a right of ownership. You have no property interest in these virtual items, which remain the exclusive property of Pozible. Unless otherwise stated at the time of purchase, any virtual items "purchased" with Credits are non-transferable.

Pledging to Projects and sponsoring Projects with Pozible Credits

You may use your Pozible Credits to pledge to projects listed on the Pozible platform. A pledge to sponsor a project using a Pozible Credit must be approved by the Project Creator prior to the branded logo or image placement on the Project page.
Please be aware that when you pledge and sponsor a project using Pozible Credits and when the pledge is approved by the Project Creator, it cannot be reversed or refunded. Once the transaction is approved by the Project Creator, those Credits will be permanently removed from your account credit balance.

Pozible reserves the right to restrict members sponsoring Pozible Projects or revise the limitations on pledging to Pozible Projects, at any time and for any reason. We may also further restrict your ability to sponsor projects depending on your country of residence.

Prohibited, Questionable and Infringing Rewards, Items and Activities

You are solely responsible for your conduct and activities on and regarding to Pozible and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Pozible.

Your Content and your use of Pozible shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policies, any community guidelines, any project guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
- Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including Pozible staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Pozible or modify another website so as to falsely imply that it is associated with Pozible;
- Appear to create liability for Pozible or cause Pozible to lose (in whole or in part) the services of Pozible's ISPs or other suppliers
- Link directly or indirectly, refer or contain descriptions of goods, experiences or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Pozible.
- Furthermore, you may not list any item on Pozible (or consummate any transaction that was initiated using Pozible's service) that, by paying to Pozible the listing fee or the final value fee, could cause Pozible to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Fees 

Registering as a Pozible member and setting up a Project on Pozible is free. Pozible charges fees to Project Creators only if their project successfully reaches their funding target.

Successful Projects

In the case of successful projects, Pozible will initiate a capture of all funds from Project Supporters and transfer the funds to the Project Creator directly (minus the Pozible fees).

Pozible Service Fee:

5%: total funds raised up to $100k
4%: total funds raised between $100k - $500k (or projects issued an invitation code)
3%: total funds raised of $500k or over

Merchant Transaction Fees (Credit Cards) Per Transaction:

--- Australia ---
2.4% + 30c (Australian card) / 3.4% + 30c (international card)

--- China ---
2.9% Transaction Fee + 2% Exchange Fee.
Alipay - 1.2%

--- Singapore ---
3.4% + 30c

--- New Zealand ---
3.4% + 30c

Stripe Fees:

Fees vary depending on the the location of your Stripe account. Fees for Australian accounts are 2.7% + 30 cents for each transaction. For more information, visit Stripe

Bitcoin Fees:

Bitcoin transactions are handled by Coinjar. Coinjar takes a transaction fee of ฿ 0.001 per transaction.

PayPal Fees:

Fees vary depending on your PayPal account type and location. For example, for commercial transactions in Australia, the fee is 2.4% + 30c per transaction. For a full list of PayPal fees, visit this PayPal page.

The funds are transferred directly to the Project Creator's PayPal account.

[Australia only] Funds collected through Credit/Debit Card (and not through the PayPal payment gateway) are transferred to the Project Creator by electronic bank transfer.

There is a 7 day processing period (after the end of a successful project) in which supporters who have had their pledges declined are invited to resubmit their pledge. Thereafter there is a 1-3 business days period for bank transfers to be processed to the project creator’s account. Please factor in this duration when deciding how long your project should run for.

Unsuccessful Projects

In the case of unsuccessful projects, the pre­authorised transaction for a Project Supporter's pledge will be cancelled by Pozible at the project deadline. No funds will be captured from the Project Supporters and no funds will be transferred to the Project Creator. No fees or charges apply.

CHARITABLE DONATIONS

Only registered Australian Not for Profits and Charities with the required fundraising licenses or exemptions may accept donations as part of their Pozible campaigns. Pozible has a partnership with GiveNow.com.au that allows us to verify whether a Not for Profit or Charity has the relevant licenses/approvals. In order to accept donations on Pozible a Not for Profit or Charity must first register with GiveNow at registration.givenow.com.au.

Information provided to Pozible by GiveNow is kept securely in line with Pozible’s Privacy Policy. Initially Pozible is provided only with the organisation name. We are provided with ABN, contact details, bank account details, confirmation of fundraising authorities and deductible gift recipient status only if your organisation begins a Pozible campaign and is an approved organisation via Givenow.com.au

Only Not for Profits or Charities with Deductible Gift Recipient status may issue tax deductible receipts and the onus is on the Not For Profit or Charity to issue those as required. Pozible provides a downloadable spreadsheet in the project backend at the completion of a successful campaign with the information required to do this.

The individuals running a crowdfunding campaign must be part of or have approval from the Charity or Not for Profit to do so. Pozible is not responsible for unauthorised individuals beginning a campaign on behalf of an organisation, however we will remove a campaign at the request of an authorised person from the Charity or Not for Profit.

Donation processing is treated the same as Rewards and will not be processed until such time as the project reaches its crowdfunding target. The standard Pozible service and credit card fees are applicable.

More information can be found at www.pozible.com/givenow.

Delivery and Refunds

Funds collected for Successfully funded projects through the Pozible platform are nonrefundable and Pozible is not responsible for issuing refunds to Project Supporters. Pozible transfers the funds to the Project Creator for successful projects after the project deadline. Project Creators may initiate refunds at their own discretion. If, for any reason, Pozible is required to refund monies to Project Supporters, the Project Creator will fully compensate Pozible for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Please contact admin@pozible.com if you need further advice on this.

The Project Creator is wholly responsible for meeting any obligation or Reward stated or implied in their project. Pozible is not responsible for the delivery of Rewards stated in projects. Project Supporters should contact the Project Creator if the delivery terms are not clearly stated in the project description.

Like all Policies, we may change our fees policy and the fees for our services. We may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the project. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). The Pozible fees must never be mentioned on project listings but you may wish to consider Pozible fees when determining the funding goal of your project.

You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle Pozible to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with Pozible. Deactivation will include all access to the service including previously purchased additional features and/or the free aspects of Pozible.

Furthermore, you may not list a project on our Site (or complete any transaction that was initiated using our service), if the payment to us of the service fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time.

Electronic Communications

The communications between you and Pozible use electronic means, whether you visit the Site or send us emails, or whether Pozible posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pozible in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pozible provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Support

Pozible does provide limited support for the Software or Service. However, Pozible may provide access to a protected forum for the User to send any questions and/or comments regarding the Software or Service. Pozible does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.


Usage

Improper Usage of Pozible. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Pozible membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Pozible service, violated the terms of this Agreement, or have otherwise used the Pozible service to conduct any fraudulent or illegal activity.

In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in Pozible's sole discretion), Pozible may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. Pozible will not be liable for any delay or failure to provide its services caused by a factor outside Pozible’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

Your Information

Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the project information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to Pozible or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Pozible. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

a. be false, inaccurate or misleading or deceptive;

b. be fraudulent or involve the sale of counterfeit or stolen items;

c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

e. be defamatory, libellous, threatening or harassing;

f. be obscene or contain any material that, in Pozible's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such

g. contain any content that is prohibited or that, in Pozible's sole and absolute discretion, may be prohibited content.;

h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Pozible website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

j. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Solely to enable Pozible to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Pozible will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content.


Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects. In particular, you must ensure that your activities, projects you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

Project Creators alone, and not Pozible, are responsible for ensuring that the project listing and any other activities conducted on the Pozible website are lawful. Project Creators must ensure that they comply with all applicable laws in Australia and all other countries. Project Creators must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.

Project Creators should comply with country, state and federal regulations

Project Creators should be aware that funds raised using Pozible could be taxable income. It is the Project Creators responsibility to declare the funds and comply with local tax laws.

REFERENCE
References for Australian Tax & Legal

Governing Law

These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Pozible service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.

Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.

Disputes between you and Pozible regarding our services, complaints or suggestions should be reported to Pozible Customer Support located at support@pozible.com

LAST UPDATED: 11 February 2013