Contents
These Terms of Service ("Terms") govern your access to and use of the PointFive platform, website and related services (the "Platform" or "Services"), operated by [LEGAL ENTITY NAME] (ABN [ABN]) ("PointFive", "we", "us", "our").
By creating an account, purchasing a subscription, or otherwise accessing or using the Platform, you ("you", "your", or "User") agree to be bound by these Terms and by our Privacy Policy and Refund Policy, each of which is incorporated by reference. If you do not agree, you must not use the Platform.
1.1 You must be at least 18 years old to use the Platform. By using the Platform you represent that you meet this requirement.
1.2 To access most features, you must register for an account and provide accurate, current and complete information, and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
1.3 You must notify us promptly at support@pointfive.com.au of any unauthorised use of your account or any other security breach.
1.4 You may not share, transfer, sell or sublicense your account, login credentials, or access to the Platform. Each account is for a single individual user.
2.1 Subject to your compliance with these Terms and payment of any applicable fees, PointFive grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform and its content for your personal, non-commercial educational use only.
2.2 Different subscription tiers may provide access to different features, content, or limits. The features available to you are those associated with your active subscription at any given time.
2.3 We may update, modify, suspend, or discontinue any part of the Platform (including features and content) at any time. Where reasonably practicable, we will give you reasonable advance notice of material adverse changes that affect your paid subscription.
2.4 Access to the Platform requires a compatible device and internet connection, which are your responsibility.
3.1 Fees for paid subscriptions are displayed at the point of purchase and are stated in Australian Dollars (AUD), inclusive of GST where applicable.
3.2 Payments are processed by Stripe. By providing payment details, you authorise us (via Stripe) to charge your nominated payment method for the applicable fees.
3.3 Subscriptions automatically renew at the end of each billing period at the then-current price unless cancelled before the renewal date. You can cancel renewal at any time via your account settings; cancellation takes effect at the end of the current billing period.
3.4 We may change our fees from time to time. We will give you reasonable advance notice (at least 30 days) of any price increase that will apply to your subscription, and you may cancel before the change takes effect if you do not agree.
3.5 Refunds are governed by our Refund Policy. Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law.
You agree that you will not, and will not permit any other person to:
We may investigate suspected breaches and take any action we consider reasonable and proportionate, including issuing a warning, restricting features, or suspending or terminating your account.
5.1 Our IP. The Platform and all content made available through it — including all questions, cases, scenarios, explanations, hints, frameworks, methodologies, course materials, articles, videos, images, audio, software, source code, designs, logos, trade marks, and any improvements or derivatives of the foregoing (collectively, the "Content") — is owned by or licensed to PointFive and is protected by copyright, trade mark, and other intellectual property laws.
5.2 No transfer. Nothing in these Terms transfers any ownership of the Content or any other intellectual property rights to you. All rights not expressly granted to you are reserved by PointFive and its licensors.
5.3 User Content. You retain ownership of any content you submit, post, or upload to the Platform, including written responses, comments, and other materials ("User Content"). You grant PointFive a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, display, and use your User Content solely for the purpose of operating, providing, and improving the Platform and the services we provide to you.
5.4 Feedback. If you choose to provide us with feedback, suggestions, or ideas about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.
5.5 Trade marks. "PointFive" and our logos are trade marks of PointFive. You may not use them without our prior written consent.
5.6 Reporting infringement. If you believe content on the Platform infringes your intellectual property rights, please contact us at legal@pointfive.com.au with details, including a description of the work, the location of the alleged infringement, and your contact details.
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use and disclose personal information. Please read it carefully.
The Platform may integrate with or link to third-party services (for example, payment processing through Stripe, infrastructure provided by Supabase, or links to external websites). We are not responsible for third-party services or their content. Your use of those services is governed by their own terms and policies.
8.1 You may terminate your account at any time by cancelling your subscription and ceasing to use the Platform.
8.2 We may suspend or terminate your access to the Platform if:
For breaches that pose an immediate risk to the Platform, other users, or our legal position, we may suspend access immediately while we investigate.
8.3 On termination, your right to access the Platform ends. Sections that by their nature should survive (including IP, disclaimers, liability, indemnity, and dispute resolution clauses) will survive termination.
8.4 Refunds following termination are governed by our Refund Policy and the Australian Consumer Law. Where we terminate your account for serious breach of these Terms, you will not be entitled to a refund of fees already paid, except as required by law.
9.1 The Platform provides educational content only. It is not professional advice (legal, financial, medical, careers or otherwise) and should not be relied on as a substitute for professional advice tailored to your situation. We do not guarantee any particular learning outcome, exam result, job interview performance, or career outcome.
9.2 To the maximum extent permitted by law, the Platform and Content are provided "as is" and "as available", and we make no warranties or representations, express or implied, including as to merchantability, fitness for a particular purpose, accuracy, completeness, reliability, uninterrupted access, or non-infringement, other than those that cannot be excluded by law.
9.3 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other applicable law that cannot lawfully be excluded, restricted or modified. Where our liability for breach of a consumer guarantee cannot be excluded but can be limited, our liability is limited, at our option, to: (a) re-supplying the Services; or (b) paying the cost of having the Services re-supplied.
10.1 To the maximum extent permitted by law, in no event will PointFive, its officers, employees, contractors or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, whether based on contract, tort (including negligence), statute or otherwise, arising out of or in connection with your use of the Platform.
10.2 To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Platform in any 12-month period is limited to the greater of: (a) the total amount of fees paid by you to PointFive in the 12 months immediately preceding the event giving rise to the claim; or (b) AUD $100.
10.3 The limitations in this Section 10 do not apply to liability that cannot be limited under applicable law (including liability for fraud, wilful misconduct, death or personal injury caused by negligence, or breach of consumer guarantees that cannot be limited under the Australian Consumer Law).
You agree to indemnify PointFive and its officers, employees, contractors and agents from and against any claims, damages, losses, liabilities, costs and reasonable legal fees, awarded by a court or agreed in settlement, arising from a third-party claim that results from:
This indemnity does not apply to the extent the claim arises from our negligence, wilful misconduct, or breach of these Terms.
We may update these Terms from time to time. The current version will always be available on our website with the "Last updated" date shown above. If we make material changes that adversely affect your rights, we will notify you by email or through the Platform at least 30 days before they take effect, and you may cancel your subscription before they take effect if you do not agree. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
13.1 These Terms are governed by the laws of [STATE — e.g., Victoria], Australia.
13.2 You and PointFive submit to the non-exclusive jurisdiction of the courts of [STATE], Australia and the courts of appeal from them.
13.3 Before commencing any proceeding, the parties agree to attempt in good faith to resolve any dispute by direct negotiation, in writing, for at least 30 days. This clause does not prevent either party from seeking urgent injunctive or equitable relief, or from exercising any rights under the Australian Consumer Law.
14.1 Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PointFive regarding the Platform.
14.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be read down to the minimum extent necessary to make it enforceable, or severed if it cannot be read down, and the remaining provisions will continue in full force and effect.
14.3 No waiver. A failure or delay by us in exercising any right under these Terms is not a waiver of that right.
14.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructure, or sale of all or part of our business, provided that the assignee agrees to be bound by these Terms.
14.5 Notices. We may give notices to you by email to the address registered to your account or by posting on the Platform. You may give notices to us at legal@pointfive.com.au.
14.6 Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and PointFive.
14.7 Force majeure. Neither party is liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, civil unrest, pandemic, internet or infrastructure failures, or government action.
[LEGAL ENTITY NAME]
ABN [ABN]
Email: legal@pointfive.com.au
Postal: [REGISTERED ADDRESS]