Terms of Use

Last updated: September 18, 2024

Terms of Use: US

Welcome to the Pladia website (“Website”). These Terms of Use (“TOU”) govern your access to and use of the Website, including all content, features, and services offered on or through the Website. By accessing, linking to, or using this Website, you agree to comply with and be bound by these TOU. If you do not agree with these TOU, please do not access, link to, or use the Website. Pladia reserves the right to modify these TOU at any time without prior notice. Your continued use of the Website following any modifications constitutes your acceptance of the revised TOU.

BY USING THE WEBSITE, YOU EXPRESSLY AGREE TO PLADIA’S USE OF THIRD PARTY SERVICE PROVIDERS TO COLLECT AND USE INFORMATION RELATED TO YOUR USE OF THE WEBSITE, INCLUDING THE COLLECTION AND USE OF CLICK-STREAM DATA AND SIMILAR TYPES OF USE AND NAVIGATION INTERACTIONS YOU HAVE ON THE WEBSITE.

1. Use of website

1.1. Subject to your compliance with these TOU, Pladia grants you a limited non-exclusive, revocable, non-transferable license to use the Website for personal and non-commercial purposes only.

1.2. You agree not to:

1.2.1. Harvest any information or use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or communicate another person’s information without their prior consent.

1.2.2. Use, share, upload, create, or deal with material that contains viruses, Trojan horses, worms, spyware, or other harmful programs.

1.2.3. Modify, reverse engineer, decompile, copy, disassemble, or otherwise tamper with the Website’s underlying code.

1.2.4. Frame or mirror any part of the Website.

1.2.5. Directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorized advertisements, or unauthorized promotion.

1.2.6. Circumvent, disable, or otherwise interfere with our security-related features or any measures that Pladia may use to restrict access to the Website.

1.2.7. Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Pladia or any of our third party licensors without the express written consent of Pladia.

1.2.8. Use or access the Website in a manner that could damage, disable, overburden, or impair any Pladia server or the networks connected to any Pladia server.

1.2.9. Access the Website in order to build a competitive product or service, or copy any features, functions, or graphics of the Website.

1.2.10. Violate any applicable local, state, national, or international law or regulation in connection with your use of the Website or encourage conduct that violates any local, state, or federal law, either civil or criminal, or to impersonate another user, person, or entity.

1.2.11. Use or access the Website for any purpose that is unlawful or prohibited by these TOU or display, transmit or otherwise make available on or through the Website material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights.If you engage in such conduct, the above license shall be immediately revoked, and we may take necessary steps to prevent such behavior, including suspending your access to the Website.

1.3. If Pladia enables you to post, upload, display, or otherwise make available materials on the Website (“Your Content”), you:

1.3.1. Represent and warrant that you own Your Content.

1.3.2. Grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, prepare derivative works of, store, perform, display and distribute Your Content for the purpose of operating, developing, and improving the Website. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

1.3.3. Agree that Your Content may be viewed by other users of the Website.

1.3.4. Will not post materials that infringe on third-party rights, bring Pladia into disrepute, are deceptive or misleading, contain personal information without consent, or are otherwise inappropriate.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content, at any time and for any reason, including for violating these TOU, or if you otherwise create or are likely to create liability for us.

By providing your telephone number and/or email address, you are providing express written consent to receive communications from Pladia, (including its affiliates, agents, service providers, and affiliates) for any purpose, including but not limited to marketing various services from both Pladia and companies Pladia has joint marketing agreements with. Additionally, you agree to receive communications from Pladia regarding your use of the Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Pladia is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

2. Copyright infringement

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please send a notice of copyright infringement (“Infringement Notice”) bearing a signature (or electronic equivalent) of the copyright holder or an authorized representative, and

2.1. Identification of the copyrighted work or works that you claim have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

2.2. Indicate where the infringing materials are located.

2.3. Provide information reasonably sufficient to permit us to contact you, such as an address, email address, and telephone number.

2.4. Indicate that you are the lawful copyright owner or are authorized to act on the owner's behalf.

2.5. Provide the following statements in the body of the Infringement Notice:

2.5.1. I hereby state in good faith that I believe that the use of work(s) is not authorized by the copyright owner, its agent, or the law. I hereby state that the information in this Infringement Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the materials.

Upon receipt of the Infringement Notice containing the information outlined above, we will investigate and take appropriate actions under the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512. Inquiries that do not follow this procedure may not receive a response.

3. Intellectual property

All content on the Website, including text, graphics, logos, photos, and software, is the property of Pladia or its licensors and is protected by intellectual property laws. You may not use any content without Pladia’s prior written permission. Pladia and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these TOU.

4. Third-party website links

The Website may contain links to third-party websites for your convenience. Pladia does not endorse or assume responsibility for the content or practices of these third-party sites. Accessing them is at your own risk.

5. Errors and omissions

Pladia endeavors to ensure the accuracy and currency of information on the Website but does not warrant its completeness or reliability. Users should verify information before relying on it, and Pladia is not responsible for any errors or omissions.

6. Trademarks

You may not use any trademarks, trade names, or service marks owned by Pladia or its licensors without prior written consent.

7. Disclaimer of warranties

The Website is provided “as is” and “as available” without warranties of any kind. To the maximum extent permitted under applicable law, Pladia, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Pladia provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the exclusions and limitations in these TOU may not apply to you. But in such a case the exclusions and limitations set forth in these TOU shall be applied to the greatest extent enforceable under applicable law.

8. Limitation of liability

Pladia shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these TOU) even if Pladia or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Pladia’s total liability shall not exceed the amount paid by you, if any, for accessing the Website or US$100.00, whichever is less.

9. Indemnification

You agree to indemnify and hold harmless Pladia and its affiliates, suppliers, officers, agents, and employees from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising from, related to, or that may arise in connection with: (i) your use of the Website; (ii) content provided by you or through use of the Website; (iii) any actual or alleged violation or breach by you of these TOU; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

10. Termination

Pladia may terminate your access to the Website immediately, without prior notice or liability, at any time, with or without cause. Provisions that should survive termination will remain in effect.Provisions relating to Intellectual Property, Indemnity, Disclaimer of Warranties, Limitation of Liability, and other provisions that by their nature should survive termination will remain in effect.

11. Jurisdiction

These TOU and any dispute arising hereunder shall be governed by the laws of the State of New York without regard to the conflicts of law provisions thereof. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in New York in connection with all matters and issues arising under these TOU, and agree not to bring any claim or action except in such courts, and irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts.

12. Miscellaneous

These TOU constitute the entire agreement between you and Pladia regarding the use of the Website. If any provision is found unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these TOU shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

13. Contact information

For questions or concerns about these TOU or the Website, please contact us at support@pladia.io.

Last updated: September 18, 2024

Terms of Use: AU

Welcome to the Pladia website (“Website”). These Terms of Use (“TOU”) govern your access to and use of the Website, including all content, features, and services offered on or through the Website. By accessing, linking to, or using this Website, you agree to comply with and be bound by these TOU. If you do not agree with these TOU, please do not access, link to, or use the Website. Pladia reserves the right to modify these TOU at any time without prior notice. Your continued use of the Website following any modifications constitutes your acceptance of the revised TOU.

BY USING THE WEBSITE, YOU EXPRESSLY AGREE TO PLADIA’S USE OF THIRD PARTY SERVICE PROVIDERS TO COLLECT AND USE INFORMATION RELATED TO YOUR USE OF THE WEBSITE, INCLUDING THE COLLECTION AND USE OF CLICK-STREAM DATA AND SIMILAR TYPES OF USE AND NAVIGATION INTERACTIONS YOU HAVE ON THE WEBSITE.

1. Use of website

Subject to your compliance with these TOU, Pladia grants you a limited non-exclusive, revocable, non-transferable license to use the Website for personal and non-commercial purposes only.

1.2. You agree not to:

1.2.1. Harvest any information or use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or communicate another person’s information without their prior consent.

1.2.2. Use, share, upload, create, or deal with material that contains viruses, Trojan horses, worms, spyware, or other harmful programs.

1.2.3. Modify, reverse engineer, decompile, copy, disassemble, or otherwise tamper with the Website’s underlying code.

1.2.4. Frame or mirror any part of the Website.

1.2.5. Directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorized advertisements, or unauthorized promotion which could constitute an infringement of the Spam Act 2003 (Cth).

1.2.6. Circumvent, disable, or otherwise interfere with our security-related features or any measures that Pladia may use to restrict access to the Website.

1.2.7. Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Pladia or any of our third party licensors without the express written consent of Pladia.

1.2.8. Use or access the Website in a manner that could damage, disable, overburden, or impair any Pladia server or the networks connected to any Pladia server.

1.2.9. Access the Website in order to build a competitive product or service, or copy any features, functions, or graphics of the Website.

1.2.10. Violate any applicable local, state, national, or international law or regulation in connection with your use of the Website or encourage conduct that violates any local, state, or federal law, either civil or criminal, or to impersonate another user, person, or entity.

1.2.11. Use or access the Website for any purpose that is unlawful or prohibited by these TOU or display, transmit or otherwise make available on or through the Website material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights.

If you engage in such conduct, the above license shall be immediately revoked, and we may take necessary steps to prevent such behavior, including suspending your access to the Website.

1.3. If Pladia enables you to post, upload, display, or otherwise make available materials on the Website (“Your Content”), you:

1.3.1. Represent and warrant that you own Your Content.

1.3.2. Grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, prepare derivative works of, store, perform, display and distribute Your Content for the purpose of operating, developing, and improving the Website. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

1.3.3. Agree that Your Content may be viewed by other users of the Website.

1.3.4. Will not post materials that infringe on third-party rights, bring Pladia into disrepute, are deceptive or misleading, contain personal information without consent, or are otherwise inappropriate.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content, at any time and for any reason, including for violating these TOU, or if you otherwise create or are likely to create liability for us.

By providing your telephone number and/or email address, you are providing express written consent to receive communications from Pladia, (including its affiliates, agents, service providers, and affiliates) for any purpose, including but not limited to marketing various services from both Pladia and companies Pladia has joint marketing agreements with. Additionally, you agree to receive communications from Pladia regarding your use of the Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Pladia is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

2. Copyright infringement

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please send a notice of copyright infringement (“Infringement Notice”) bearing a signature (or electronic equivalent) of the copyright holder or an authorized representative, and

2.1. Identification of the copyrighted work or works that you claim have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

2.2. Indicate where the infringing materials are located.

2.3. Provide information reasonably sufficient to permit us to contact you, such as an address, email address, and telephone number.

2.4. Indicate that you are the lawful copyright owner or are authorized to act on the owner's behalf.

2.5. Provide the following statements in the body of the Infringement Notice:

2.5.1. I hereby state in good faith that I believe that the use of work(s) is not authorized by the copyright owner, its agent, or the law. I hereby state that the information in this Infringement Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the materials.

Upon receipt of the Infringement Notice containing the information outlined above, we will investigate and take appropriate actions under the Copyright Act 1968 (Cth). Inquiries that do not follow this procedure may not receive a response.

3. Intellectual property

All content on the Website, including text, graphics, logos, photos, and software, is the property of Pladia or its licensors and is protected by intellectual property laws. You may not use any content without Pladia’s prior written permission. Pladia and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these TOU.

4. Third-party website links

The Website may contain links to third-party websites for your convenience. Pladia does not endorse or assume responsibility for the content or practices of these third-party sites. Accessing them is at your own risk.

5. Errors and omissions

Pladia endeavors to ensure the accuracy and currency of information on the Website but does not warrant its completeness or reliability. Users should verify information before relying on it, and Pladia is not responsible for any errors or omissions.

6. Trademarks

You may not use any trademarks, trade names, or service marks owned by Pladia or its licensors without prior written consent.

7. Disclaimer of warranties

The Website is provided “as is” and “as available” without warranties of any kind. To the maximum extent permitted under applicable law, Pladia, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Pladia provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the exclusions and limitations in these TOU may not apply to you. But in such a case the exclusions and limitations set forth in these TOU shall be applied to the greatest extent enforceable under applicable law.

8. Limitation of liability

Pladia does not accept any liability for loss and damage you suffer as a result of using the website, or any part of it except to the extent we are required by law to do so, such as State or Territory Fair trading legislation and the Australian Consumer Law.

To the fullest extent permitted by law, all implied terms are excluded and Pladia shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these TOU) even if Pladia or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. To the fullest extent permitted by law, Pladia’s total liability shall not exceed the amount paid by you, if any, for accessing the Website or US$100.00, whichever is less.

If the Competition and Consumer Act 2010 (Cth) or any other legislation does not permit Pladia to exclude or limit its liability as contemplated above or implies terms into this license which cannot be lawfully excluded, such terms will apply, save that Pladia’s liability for such breach is limited, at the option of Pladia, to (a) the supplying of the services again; or (b) the payment the cost of having the services supplied again.

10. Indemnification

You agree to indemnify and hold harmless Pladia and its affiliates, suppliers, officers, agents, and employees from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising from, related to, or that may arise in connection with: (i) your use of the Website; (ii) content provided by you or through use of the Website; (iii) any actual or alleged violation or breach by you of these TOU; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

11. Termination

Pladia may terminate your access to the Website immediately, without prior notice or liability, at any time, with or without cause.  Provisions relating to Intellectual Property, Indemnity, Disclaimer of Warranties, Limitation of Liability, and other provisions that by their nature should survive termination will remain in effect.

12. Jurisdiction

These TOU and any dispute arising hereunder shall be governed by the laws of the State of Victoria, Australia without regard to the conflicts of law provisions thereof. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Victoria, Australia in connection with all matters and issues arising under these TOU, and agree not to bring any claim or action except in such courts, and irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts.

13. Miscellaneous

These TOU constitute the entire agreement between you and Pladia regarding the use of the Website. If any provision is found unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these TOU shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

14. Contact information

For questions or concerns about these TOU or the Website, please contact us at support@pladia.io.