Pookie Platform Terms of Service

1. Introduction

Welcome to Pookie, provided by Pookie Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use our Platform. These Terms are governed by the laws of Australia, and your use of the Platform is subject to Australian law.

2. Acceptance of Terms

By creating an account or using the Platform, you confirm that you are at least 16 years old and have the legal capacity to enter into these Terms in accordance with Australian law.

3. Use of the Platform

• Eligibility: You agree to use the Platform only for lawful purposes and in compliance with these Terms and all applicable Australian laws.
• Account Registration: You must provide accurate, current, and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials.
• User Conduct: You agree not to misuse the Platform by engaging in any harmful, fraudulent, or illegal activities, including but not limited to interfering with the proper functioning of the Platform or infringing the rights of others.
• Consumer Rights: Nothing in these Terms excludes, restricts, or modifies any right or remedy that you may have under the Australian Consumer Law ("ACL") or any other applicable law that cannot be excluded, restricted, or modified by agreement.

4. Intellectual Property

All content, including but not limited to text, images, data, software, and proprietary information on the Platform, is owned by or licensed to us. You may not reproduce, distribute, or create derivative works without our explicit written consent. This is in accordance with Australian copyright law under the Copyright Act 1968.

5. Service Modifications and Termination

We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. For significant changes, we will provide reasonable notice where possible. We may also terminate or suspend your access if you breach these Terms, provided that such termination is reasonable and not unfair under the ACL.

6. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without any warranties, express or implied, except to the extent that such warranties are provided by law. We do not guarantee that the Platform will be uninterrupted, error-free, or secure. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL or other applicable laws that cannot be excluded, restricted, or modified by agreement.

7. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform. Our total liability in connection with the Platform shall not exceed the fees you paid (if any) in the 12 months preceding the claim. However, nothing in these Terms excludes or limits our liability for any matter that cannot be excluded or limited under the ACL or other applicable laws.

8. Indemnification

You agree to indemnify, defend, and hold harmless Pookie Platform and its affiliates from any claims, damages, losses, liabilities, and expenses arising from your use of the Platform or breach of these Terms, provided that this indemnification is fair and reasonable under the ACL.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia, and you agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory (ACT) for any disputes arising under these Terms.

10. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Your continued use of the Platform after changes constitutes your acceptance of the updated Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: pookieplatforms@aol.com