Terms & Conditions

Home Terms & Conditions

1.

 About the Website

  1. Welcome to www.throttllicensing.com (Website). The Website provides information about owning a Throttl license, including the business model, associated benefits, and available 
    support. It also outlines how to enquire further or make contact. (Services).
  2. The Website is operated by Throttl Pty Ltd (ACN 603 716 329). Access to and use of the 
    Website, or any of its associated Products or Services, is provided by Throttl Pty Ltd. 
    Please read these terms and conditions (Terms) carefully. By using, browsing and/or
    reading 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, or
    any of Services, immediately.
  3. Throttl Pty Ltd reserves the right to review and change any of the Terms by updating this
    page at its sole discretion. When Throttl Pty Ltd updates the Terms, it will use reasonable 
    endeavours to provide you with notice of updates to the Terms. 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.
  4. You agree that may, in its sole discretion and without prior notice, modify, discontinue, or
    restrict the use of any portion of the Website or Services, including the availability of any 
    features, database, or content. shall not be liable to you or to any third party for any 
    modification, suspension, or discontinuance of the Website or Services.

2.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by Throttl Pty Ltd in the
user interface.

3.

Registration to use the Services

  1. In order to access the Services, you must first register for an account through the Website
    (Account).
  2. As part of the registration process, or as part of your continued use of the Services, you 
    may be required to provide personal information about yourself (such as identification or 
    contact details), including:
    1. Email address
    2. Preferred username
    3. Mailing address
    4. Telephone number
    5. Password
    6. The user can submit their level of capital investment, business experience, area of 
      interest, source of referral, and additional comments (up to 1,000 characters).
  4. You warrant that any information you give to Throttl Pty Ltd in the course of completing the 
    registration process will always be accurate, correct and up to date.
  5. Once you have completed the registration process, you will be a registered member of the 
    Website (Member) and agree to be bound by the Terms.
  6. You may not use the Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with Throttl Pty Ltd; or
    2. 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.

4.

Your obligations as a Member

  1. As a Member, you agree to comply with the following:
    1. you will 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;
    2. you have the 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 the Services;
    3. any use of your registration information by any other person, or third parties, is
      strictly prohibited. You agree to immediately notify Throttl Pty Ltd of any
      unauthorised use of your password or email address or any breach of security of
      which you have become aware;
    4. you will not use the Services or the Website in connection with any commercial
      endeavours except those that are specifically endorsed or approved by the
      management of Throttl Pty Ltd;
    5. you will not use the Services or Website for any illegal and/or unauthorised use
      which includes collecting email addresses of Members by electronic or other means
      for the purpose of sending unsolicited email or unauthorised framing of or linking to
      the Website;
    6. you agree that commercial advertisements, affiliate links, and other forms of
      solicitation may be removed from the Website without notice and may result in
      termination of the Services. Appropriate legal action will be taken by Throttl Pty Ltd
      for any illegal or unauthorised use of the Website; and
    7. you acknowledge and agree that any automated use of the Website or its Services
      is prohibited.

5.

Payment

  1. All payments made in the course of your use of the Services are made using Braintree,
    stripe or PayPal. In using the Website, the Services or when making any payment in
    relation to your use of the Services, you warrant that you have read, understood and agree
    to be bound by the Braintree, stripe or PayPal terms and conditions which are available on
    their website.
  2. You acknowledge and agree that where a request for the payment of the Services Fee 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 Services Fee.
  3. You agree and acknowledge that Throttl Pty Ltd can vary the Services Fee at any time.
  4. You acknowledge and agree that may, at its sole discretion and without prior notice,
    suspend or terminate your access to the Website and Services if you breach these Terms
    or engage in any conduct that believes, in its sole discretion, violates any applicable law or
    is harmful to the interests of , its affiliates, or any third party.

6.

Refund Policy

  1. Throttl Pty Ltd will only provide you with a refund of the Services Fee in the event they are
    unable to continue to provide the Services or if the manager of Throttl Pty Ltd makes a
    decision, at its absolute discretion, that it is reasonable to do so under the circumstances
    (Refund).
  2. Any benefits set out in this Terms and Conditions may apply in addition to consumer's
    rights under the Australian Consumer Law.

7.

Copyright and Intellectual Property

  1. The Website, the Services and all of the related products of Throttl Pty Ltd 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 Throttl Pty Ltd or its contributors.
  2. All trademarks, service marks and trade names are owned, registered, and/or licensed by
    Throttl Pty Ltd, 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.
  3. Throttl Pty Ltd does not grant you any other rights whatsoever in relation to the Website or
    the Services. All other rights are expressly reserved by Throttl Pty Ltd.
  4. Throttl Pty Ltd 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, trademark, industrial design, patent,
      registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trademark
      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).
  5. You may not, without the prior written permission of Throttl Pty Ltd and the permission of
    any other relevant rights owners, broadcast, republish, upload 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.
  6. You acknowledge and agree that all content and materials available on the Website are
    protected by copyrights, trademarks, service marks, patents, trade secrets, or other
    proprietary rights and laws. Except as expressly authorized by Throttl Pty Ltd, you agree not to sell,
    license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,
    publish, adapt, edit, or create derivative works from such materials or content.
  7. You agree to indemnify and hold harmless Throttl Pty Ltd from any claim or demand, including reasonable
    attorneys' fees, made by any third party due to or arising out of your breach of these
    Terms, your violation of any law, or your violation of the rights of a third party.

8.

Privacy

Throttl Pty Ltd takes your privacy seriously and any information provided through your use of the
Website and/or Services are subject to Throttl Pty Ltd's Privacy Policy, which is available on the
Website.

9.

 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. Throttl Pty Ltd 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 Throttl Pty Ltd make any express or implied representation or warranty about
    the Services or any products or Services (including the products or Services of Throttl Pty
    Ltd) 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 Throttl Pty Ltd; and
    4. the Services or operation in respect to links which are provided for your
      convenience.
  4. Any dispute arising out of or in connection with these Terms, including any question
    regarding its existence, validity, or termination, shall be referred to and finally resolved by
    arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney,
    Australia. The language of the arbitration shall be English. The number of arbitrators shall
    be one.

10.

 Limitation of liability

  1. Throttl Pty Ltd'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 Throttl Pty Ltd, 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.

11.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Throttl Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Throttl Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12.

Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Throttl Pty Ltd as set
    out below.
  2. If you want to terminate the Terms, you may do so by:
    1. providing Throttl Pty Ltd with 14 days' notice of your intention to terminate; and
    2. closing your accounts for all of the services which you use, where Throttl Pty Ltd
      has made this option available to you.

Your notice should be sent, in writing, to Throttl Pty Ltd via the 'Contact Us' link on our
homepage.

  1. Throttl Pty Ltd 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. Throttl Pty Ltd is required to do so by law;
    3. the provision of the Services to you by Throttl Pty Ltd is, in the opinion of Throttl Pty
      Ltd, no longer commercially viable.
  2. Subject to local applicable laws, Throttl Pty Ltd 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 Throttl Pty Ltd's
    name or reputation or violates the rights of those of another party.

13.

Indemnity

You agree to indemnify Throttl Pty Ltd, 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.

14.

Dispute Resolution

14.1.

 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 sought).

14.2.

 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.

14.3.

 Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  1. Within 28 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, 28 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 The Law Society of South
    Australia;
  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 precondition to the
    mediation commencing. The Parties must each pay their own costs associated with
    the mediation;
  4. The mediation will be held in Adelaide, Australia.

14.4.

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.

14.5.

Termination of Mediation:

If 2 months 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.

15.

Venue and Jurisdiction

The Services offered by Throttl Pty Ltd 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 South Australia, Australia.

16.

Governing Law

The Terms are governed by the laws of South Australia, 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 South Australia, 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.

17.

Severance

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.