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PUNTSQUAD

Rules, Terms & Conditions

General Rules, Terms and Conditions

1. PUNTSQUAD and Application of Rules

1.1 “PUNSTQUAD” is the trading name of Puntsquad Pty Ltd, ACN 653 483 428, a company incorporated in Australia under the Corporations Act 2001 (Cth). All
references to 'we', 'us' and 'our' in these General Rules, Terms and Conditions ('Rules') are a reference to Puntsquad Pty Ltd.

1.2 Any reference to a discretion which may be exercised by Puntsquad Pty Ltd under these Rules means Puntsquad Pty Ltd sole and absolute discretion.
Puntsquad Pty Ltd will exercise its discretion in a reasonable manner.

2. User Accounts

2.1 If you wish to become a registered User of Puntsquad, you will need to open an account with Puntsquad (‘Account’).  A 'User' is a person who holds an Account, and any reference to 'you' or 'your' in these Rules is a reference to a User.

2.2 To open an Account with Puntsquad, you must be aged 18 years or older.

2.3 You agree that the service offered by Puntsquad is the ability to sell subscriptions to your advice service via the Puntsquad mobile application. Or to buy subscriptions to those other users selling advice via the platform via the Puntsquad mobile application.

2.4 You acknowledge and agree that by using, browsing, or otherwise accessing Puntsquad Application, and/or opening an Account, you are deemed to have read and accepted, and you agree to be bound by, these Rules and any other terms and conditions that we promulgate and publish on the Website or the Puntsquad Application (collectively ‘the Rules’) and the Puntsquad Privacy Policy. If you do not agree to be bound by these Rules and Puntsquad’s Privacy Policy, including any changes, amendments or additions which we make to these documents from time to time, you must immediately cease using, browsing or otherwise accessing Puntsquad Application and you should not open an Account (or close your Account), or use the Puntsquad Application.

2.5 The personal information (as defined by the Privacy Act 1988(Cth)) of Puntsquad’s users may only be stored, accessed, used or disclosed in accordance with Australian laws, including the Privacy Act 1988(Cth), and Puntsquad’s Privacy Policy.

2.6 Puntsquad reserves the right to amend these Rules at our discretion, and will publish such amendments on our Website. You agree that any amendments published on our Website will be taken to be effective immediately. Where amendments are material, we will provide you with reasonable notice of these amendments (on Puntsquad’s Application or via email) prior to the amendments taking effect. It is your responsibility to ensure that you are aware of the current
Rules and Privacy Policy.

2.7 You are responsible for ensuring that your Account details and payment information are correct and kept up to date, and you must notify us immediately if any of your Account details or payment information are, or become, incorrect. You must notify us of changes to these details or payment information by logging in to your Account and changing the existing details or payment information accordingly.

2.8 If any of your Account details are incorrect or you have not kept your Account details up to date, we reserve the right to suspend your Account.

2.9 You must immediately notify Puntsquad of any matter (including any potential mental impairment) which may lead us to reasonably infer that your ability to make sound judgments about the use of the app in respect of your Account may be impaired, we reserve the right to suspend and/or close your Account.

2.10 You may only have one Account. If you have additional Account(s), then Puntsquad has the right to consolidate those Accounts into a single Account. While
multiple Accounts are in breach of our Rules, you are responsible for all transactions on Accounts which you hold or which we suspect, on reasonable grounds, that you opened.

2.11 In this Section 2, and elsewhere in the Rules, Puntsquad has reserved the right to close and/or suspend an Account in certain circumstances. For the purposes of these Rules, and before closing or suspending your Account, Puntsquad will endeavour to provide you with prior notice of its intention to close or suspend your

Account and provide you with an opportunity to provide reasons as to why your Account should not be closed or suspended. However, in certain circumstances, it may not be possible for Puntsquad to provide you with prior notice or an opportunity to provide reasons due to our legal, regulatory and contractual obligations. This includes contravening Puntsquad Community Guidelines.

3. Restricted Locations

3.1 Puntsquad does not permit Accounts to be opened by, or used by, persons who reside outside and approved region, country or area. You agree that you shall not open an Account, nor attempt to use an Account, if you are outside these areas.

3.2 You accept that if we detect activity which indicates to us that you are, or may be, outside an approved area when opening an Account, we may, at our discretion, suspend or close your Account. 

4. User Identification

4.1 To open an Account with Puntsquad, you must comply with our User Identification requirements to enable us to verify your identity and confirm you are
over 18. We usually require a drivers license or passport to verify your account.

4.2 You are required to provide Puntsquad with certain identification information including your name, residential address and date of birth. We need this to comply with legal obligations, such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). 

4.3 As part of our account opening process, you accept and consent to Puntsquad supplying your identification information to a third party service (e.g., Edentiti, GreenID etc.) for the purpose of verifying your identity and re-verification (as applicable), against third party databases and/or credit headers. This electronic verification process is reliable; however, it cannot verify all users in this way. This is not a fault of individual users. None of your personal financial information is passed between third party ID verification providers and Puntsquad. We may also use other public information and third-party databases services to verify your source of wealth/source of funds. 

4.4 If we can’t verify your identification information during account opening because you have not provided the relevant information to Puntsquad, your Account will be temporarily suspended, without notice, pending an investigation. During this time, you won’t be able to use the Application until you are verified.

4.5 To meet our legal and regulatory obligations, we may also ask for additional documents for example proof of your current address and source of wealth/source of funds. Acting reasonably, Puntsquad may at any time request these documents and/or information to ensure that all information supplied by you is up to date. Acceptable proof of current address in such circumstances may include, at our discretion, a certified copy of one or more of the following documents (which must be dated no more than 3 months prior to the date that the user provides the document to Puntsquad): a) a rates notice; b) a utility bill.

4.6 In some cases we may need official certified copies of your identification documents and source of wealth/source of funds documents by a permitted certifier.
All certified documents must be produced in English or they will be rejected. Upon our request Puntsquad reserves the right to carry out checks on or contact the
individual certifying the documents.

4.7 If you deliberately provide false documents or refuse to provide them, we have the right to suspend or close your Account.

5. Account Security 

5.1 You are responsible for ensuring that your username and password (‘Secure User Details’) are kept confidential. If you suspect that your Secure Users Details may no longer be confidential or that there may have been unauthorised use of your Account, you must notify us immediately via email at support@puntsquad.com.au.

5.2 If minors have access to a laptop or computer that you use to log into your Account, Puntsquad strongly recommends that a child protection software package (e.g. Cyber Patrol and Net Nanny) is installed onto that equipment.

5.3 The Puntsquad app contains adult content and is intended for use by persons over the age of 18.

5.4 In order to use the Puntsquad app we advise that location data and the DeviceID from your device while using the app will be accessed and used by our integrated security systems to alert us to suspicious activity, for the purpose of protecting your account security and preventing fraud.​

5.5 Account Security Measures: We prioritise the security of your Puntsquad account. To safeguard against unauthorised access and account takeover, we
strongly recommend that you employ the following security measures: a. Strong Passwords: Please ensure that you use a strong and unique password for
your Puntsquad account. A strong password typically includes a combination of uppercase and lowercase letters, numbers, and special characters.

b. Face ID/Fingerprint login: Consider using Face ID or Fingerprint to login to your Account. This technology provides an extra layer of security if your iPhone is lost or stolen.

c. Account Recovery Information: Maintain accurate and up-to-date account recovery information, such as a valid email address and phone number, to assist in account recovery in case of any unforeseen issues.

6. Inactive Accounts

6.1 Your Account will become an ‘Inactive Account’ if you have not logged in to your Account for a period of more than 24 months.

7. Fraud

7.1 We reserve the right to withhold deposited funds from your account should we determine that a deposit or withdrawal has been made fraudulently. Any matters of inappropriate or fraudulent use of any deposit method will be reported to the relevant authority. Your Account may also be closed.

7. Puntsquad may employ third party technologies to track and store technical information on the device that Users choose to use. Users accept that this data may
be used to reach decisions on investigations where Accounts have been operated in a manner which is contrary to these Rules or applicable laws, including but not
limited to Account takeover, multiple Account operations, and payment fraud.

7.3  Puntsquad reserves the right to close the Accounts of any person, group of people or corporation in an attempt to defraud Puntsquad.
 

7.4  Puntsquad may periodically review Accounts to monitor any activity that it might consider unusual. Puntsquad reserves the right to suspend an Account pending an investigation, without notice.

7.5  Puntsquad does not permit beneficial owners that are not the registered account holder, or any arrangements or schemes that do or may facilitate this. Where we reasonably suspect a third party beneficial owner, we reserve the right to close the Account and/or void your Account.

8. Device Usage

8.1 Registration of just one Puntsquad per device is allowed. The usage of multiple devices will be considered a violation of these Terms and Conditions. If such a
situation arises, we hold the authority to close the account and/or nullify your
account.

8.2 Device Registration: Each User is permitted to register only one Puntsquad account per individual device. The usage of multiple devices to access a single
Puntsquad account is strictly prohibited and constitutes a violation of these Terms and Conditions.

8.3 Account Violations: In the event that we detect any violation of the device usage policy as outlined in Section 8.1, Puntsquad reserves the right to take appropriate action, including but not limited to:

a. Account Closure: Puntsquad may, at its discretion, close the user's account found to be in violation of the device usage policy.

b. Investigation: Puntsquad may conduct an investigation into the nature of the violation and take further action as deemed necessary, including reporting the
violation to relevant authorities.

9. PUNTSQUAD’ Rights

9.1 Puntsquad reserves the right to cancel, change or restrict the products or use at any time with or without notice to Users.

9.2 Puntsquad has made considerable efforts to ensure that its business operates in a fair, efficient and accurate manner. To the extent permitted by law, Puntsquad excludes all warranties (express or implied) relating to or arising out of the services we offer and excludes any liability for direct, indirect or consequential loss, damage, expense or injury suffered by you arising out of these Rules, use of your Account, or any action taken by us in relation to your Account.

9.3 Nothing in these Rules affects our liability to pay any User winnings or other amounts properly owing to such User pursuant to these Rules, for death or personal injury arising from our negligence, for our fraudulent misrepresentation, or for any matter in respect of which our liability cannot be excluded or limited under applicable law, including consumer guarantees that cannot be excluded under Australian Consumer Law.

9.4. Puntsquad’s products are intended for bona fide User, that is, those Users who act in good faith, sincerely, without fraud, and use Puntsquad for the purpose of
recreation and entertainment.

9.5. Puntsquad reserves the right, in its sole discretion, to determine that a User is not eligible for certain product or promotions.

9.6. To the extent permitted by law, Puntsquad reserves the right to close or suspend the Accounts of any person where, in Puntsquad’s reasonable opinion, a person:

- knowingly exploits, or intentionally seeks, to exploit a market or a Rule (including by deception); posts inappropriate content, pornography or other illegal material; receives an unjust advantage from information which is not known to the public; intentionally abuses an inadvertent error in the description of a market (whether before or after Puntsquad corrects the relevant description); or breaches any applicable laws.

9.7 Where you have been referred to Puntsquad by a third party including by a third party operated website and where that third party is an affiliate or agent of
Puntsquad, you acknowledge that Puntsquad may make commission payments to that third party. Payments to agents or affiliates are unrelated to the odds offered to Users by Puntsquad.

10. Dispute Resolution

10.1 If you wish to make a complaint, or if you have a dispute with Puntsquad, please contact us via email at support@punstuad.com.au.

11. Intellectual Property and Use of Puntsquad Applications

11.1 You acknowledge and agree that the Puntsquad Applications contain material which is owned, or licensed to us, which is protected by Australian and international laws, including (without limitation), trade marks, trading names, logos and software
(Puntsquad IP).

11.2 Nothing in these Rules constitutes a transfer of ownership of the Puntsquad IP to you or a grant of a licence to you without Puntsquad’s prior written consent.

11.3 You acknowledge and agree that you will not infringe on the Puntsquad IP or seek to reproduce or store, copy, change, upload, republish or transmit the
Puntsquad IP without our prior written consent.
 

11.4 We may make certain features available to you that allow you to generate content on the Puntsquad Applications (User Content). You acknowledge and agree
that Puntsquad may use the User Content to promote Puntsquad to the public where this content is deemed public information as per the Puntsquad Privacy Policy.

11.5 You are prohibited from using the Puntsquad Applications: for any unlawful purpose; to contravene the intellectual property rights of any third party; to engage in inappropriate conduct, which includes harassment, abusive or threatening behaviour, defamation, discrimination or incitement of violence;
or to do anything which harms, or interferes with, the operation of the Puntsquad Applications, including introducing viruses or other forms of malicious technology or software, spamming, phishing or scraping. Acting reasonably, we reserve the right to prevent, suspend or otherwise restrict you  access to the Puntsquad Applications if you use the Puntsquad Applications in a prohibited manner. If appropriate, we may also report your activity to the relevant
authorities.

11.6 We may be obliged to prevent suspend or otherwise restrict your access to the Puntsquad Applications, in whole or in part, because of circumstances outside of our control, including amendments to our legal and regulatory obligations. If possible, we will provide you with prior notice of any change to your ability to access the Puntsquad Applications in these circumstances.

12. Governing Law

12.1 These Rules shall be governed by and construed in accordance with the laws of the VIC.

12.2 Both parties submit to the exclusive jurisdiction of the VIC courts, and any courts which have jurisdiction to hear appeals from the VIC courts.

12.3 If any of these Rules are found to be invalid, unenforceable or unlawful by a court in any jurisdiction, then that Rule will cease to apply in that jurisdiction and is
deemed to have been excluded from the Terms in that jurisdiction. This does not impact on the remaining Rules.

12.4 Our decision not to exercise any right or power in these Rules does not cause a
waiver of that right or power.

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