The Physical Pod
TERMS OF SERVICE
1. This agreement is between The Physical Pod Pty Ltd (ACN 623 394 927) (Physical Pod) and the Account Holder (you).
2. Agreeing to these Terms of Service (TOS) is a precondition to creating an account with the Physical Pod.
3. Physical Pod may amend these TOS from time to time and shall provide notice on its website of such an amendment for at least 28 days before the amendment comes into effect. By continuing to use an account you acknowledge your ongoing agreement with these TOS including any subsequent amendments to the TOS.
4. This agreement is subject to the Australian Consumer Law. To the greatest extent possible the terms of this agreement are to be construed consistently with the Australian Consumer Law. In the event of an unresolvable inconsistency between a term of this agreement and the Australian Consumer Law, the term of this agreement is void to the extent of that inconsistency.
Registration and Account Security
5. To access Physical Pod content and to communicate with us as a user of our services you must register an account with Physical Pod. You agree to:
5.1. not register an account for any other person;
5.2. not register more than one account for yourself; and
5.3. not provide false information in registering your account.
6. Physical Pod may deregister your account if it finds that you have breached these TOS. If your account is deregistered because of a breach of these TOS then you will not be entitled to compensation for any payments you have made to gain access to content through that account. If your account is deregistered because of a breach of these TOS then Physical Pod may refuse to register a new account to you for a period of time or indefinitely.
7. Your account is not transferrable, assignable, or shareable. Attempting to transfer, assign or share your account, including by providing your account details to a third party, will entitle Physical Pod to deregister your account.
Access to Content
8. To access Physical Pod content you will need an internet connected device. The quality of the display of Physical Pod content may vary based upon the device used and its internet connection speed. You are responsible for any internet or download costs associated with your use of the Physical Pod website and Physical Pod content.
9. The content of the Physical Pod website is used by Physical Pod under licence from the content owners. It is unlawful for you to access that content other than pursuant to the terms of these TOS, and you agree that you will not copy, communicate, publish or otherwise use the content except as expressly authorised by these TOS. Without limiting the generality of this clause, you agree to not archive, download or otherwise store Physical Pod content.
10. Content on the Physical Pod website may be provided on one or more of the following bases:
10.1. Free to Access;
10.2. Time Limited Access;
10.3. Account Purchase; or
10.4. Subscription Access.
Any content which is not free to access shall be referred to as “Restricted Access Content”, and Time Limited Access, Account Purchase, and Subscription Access are jointly referred to as “Access Criteria”. It is a breach of these TOS to attempt to access Restricted Access Content without satisfying one or more of the Access Criteria for the content.
11. If content is marked “Free to Access” then you may access that content at any time provided that you have a registered account with Physical Pod and provided that you have given and not withdrawn your agreement to these TOS.
12. Restricted Access Content will clearly state which Access Criteria are available for the content. The right to access Restricted Access Content is restricted both to the account which obtained the right and to the registered owner of that account.
13. If content is available by Time Limited Access, then a price will be listed for this option (the TLA Price) and a length of time will be specified (the Access Time). Payment of the TLA Price will entitle you to access the content on the account through which the TLA Price was paid for the Access Time commencing at the time of purchase. You are responsible for your use of content during the Access Time, and if you do not access the content during that period you will not have any rights against Physical Pod or an entitlement to a replacement period of Access Time. You are not limited as to how many times you may access the content during the Access Time other than by the duration of the content and the length of the Access Time. Time Limited Access is offered as a low cost option for content you do not believe that you will want to access on more than one occasion.
14. If content is available by Account Purchase, then a price will be listed for this option (the AP Price). Payment of the AP Price will entitle you to access the content at any time on the account through which the AP Price was paid an unrestricted number of times. If you create multiple accounts, payment of the AP Price will only provide access to content on the account through which the payment is made. If you have paid the AP Price in respect of content and that content is removed from the Physical Pod website within 12 months of that purchase, then your account will receive a credit from Physical Pod equal to the AP Price of the content multiplied by the fraction of 12 months during which you had access to the content before it was removed. You acknowledge that you will not be entitled to a refund in respect of payment of the AP Price for content unless that content is available for less than seven days after you purchase the AP Price. Account Purchase is offered as an option which allows for indefinite access to the content without that access being subject to maintaining a Physical Pod subscription.
15. If content is available by Subscription Access, then the content will display an indicator of your Physical Pod subscription status. If your account currently has an active Physical Pod subscription then you are entitled to access all Subscription Access content an unrestricted number of times during the term of your subscription. If your Physical Pod subscription expires or is terminated, then you will lose access to any Restricted Access Content for which you do not satisfy another Access Criteria.
16. From time to time information contained in content may cease to be current. Physical Pod reserves the right to remove content if in its discretion that content no longer reflects current industry knowledge or good practice. If Physical Pod removes content for this reason it will place a notice on the website where the content had previously been accessible that this is why the content has been removed. This paragraph does not imply that Physical Pod warrants the currency of content on the website.
If you have paid the AP Price for content which is removed for being non-current then you may be entitled to credit as set out in clause 10.
17. It is a breach of these TOS to allow another person to use your account to access Restricted Access Content. If you use your account to assist third parties to access Restricted Access Content then in addition to your account being deregistered you agree that Physical Pod shall be entitled to damages from you in the agreed amount of the aggregate of the TLA Price for each item of Restricted Access Content you assisted third parties to access multiplied by the number of third parties you assisted for each item.
Warranties and Limitation of Liability
19. You agree to waive any consequential, indirect or special damages claim or claims which you may have or come to have against Physical Pod. To the extent permitted by law, the liability of Physical Pod shall be limited to the amount paid by you pursuant to this agreement.
20. Physical Pod does not make any warranty as to continuity of service, or that service will be uninterrupted or error free.
21. The Physical Pod content includes advanced material and expert opinions. The Physical Pod cannot and does not warrant the accuracy of such material. You agree that you do not rely upon Physical Pod to determine the validity of content and make your own assessment of Physical Pod content.
22. In this Agreement unless the context otherwise indicates:
22.1. References to the singular shall include the plural and vice versa and references to any gender shall include the other gender;
22.2. References to natural persons shall include corporations and unincorporated associations and vice versa;
22.3. References to a party include that party’s successors and assigns; and
22.4. Headings and marginal notes shall not be construed as affecting the interpretation of this agreement.
23. If any provision of this Agreement is found to be illegal or unenforceable then to the extent which that provision is illegal or unenforceable it shall be severed from this Agreement and the rest of this Agreement shall not be adversely affected by this severance.
24. This Agreement and the documents referred to within it constitute the entire agreement between the parties in respect of the subject matter and shall supersede any external evidence of agreement between the parties in respect of the subject matter in the event of a conflict.
25. This agreement shall be governed by the laws of Victoria, and the parties irrevocably submit to the jurisdiction of the Courts of Victoria in respect of this agreement.