Terms of Use

At Pennybox, we take privacy and security very seriously. The following Terms of Use are in place to protect all our users.

Please read this Terms of Use carefully before accessing, or using Pennybox, or any of our Services.

1.    Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, and mobile applications, websites, website applications, content, products and services (“Services”) from Pennybox.

By using or accessing our Services, as a parent, or a child under your responsibility, you agree to be bound by these Terms, which establishes a contractual relationship between you and Pennybox.

If you do not agree to these Terms, you or any child under your responsibility may not access Pennybox, or any Services offered by Pennybox.

2.    Definitions

In these Terms, the following definitions will be used and understood as follows:

Terms” means these Terms of Use (as may be amended from time to time);

Services” means the applications, websites, content, products and services made available by Pennybox;

Pennybox” means Penny Labs Pty Ltd, also legally trading as Pennybox;

You” means any individual, or any child under that individual’s responsibility, using the Services;

Users” means those using the Services collectively;

Membership” means an account opened and used by You in accordance with these Terms;

Intellectual Property Rights” means all intellectual property rights, whether registered or unregistered, including but not limited to, any application, data, website, content, products, copyrights, confidential information, patents, patentable rights, rights in know-how, database rights, trademarks, service marks, logos, URLs, domain names and designs;

Personal Data” means any personal information provided by you via the Services including (without limitation) the personal information described in Pennybox’s Privacy Policy;

Submission” means any material from time to time submitted by you via the Services including (without limitation) any postings, messages, emails or other communications, and any other text, information, data, photograph, image, audio or video in whatever medium or form.

3.    Information about Us

The Services are owned and operated by and on behalf of Penny Labs Pty Ltd, also trading as Pennybox.

Penny Labs Pty Ltd is a limited liability company registered in Australia under Australian Corporation Number (ACN) 609 122 607 and with its registered office at L5, 155 Clarence Street, Sydney, NSW, 2000, Australia.

Penny Labs Pty Ltd operates the services provided by Pennybox in order to teach kids about money, banking, and finance in a fun, practical and social way.

Penny Labs Pty Ltd offers education services and does not operate a bank, hold deposits, provide credit or offer any financial advisory services as regulated by the Reserve Bank of Australia (RBA), the Australian Securities Investment Commission (ASIC), or any Financial Regulator in any country in which Pennybox operates. The Services provided are educational in nature, and are not banking or financial advisory in any capacity.

If you have any questions on these Terms, please email us directly at hello@pennybox.com.

4.    Changes to the Services and to these Terms

Pennybox reserves the right at any time to:

(i)  Change these Terms from time to time; and/or

(ii)  Modify or cancel the Services (or parts of the Services) without notice.

Your continued use of the Services (or any part of them) will mean that you have accepted these changes, modifications or cancellations and will not hold us liable to you for any loss or damage as a result of changes, modifications or cancellations.

5.    Use of the Services and your Membership

General use of the Services

Pennybox provides Services of educational nature through a mobile app, which helps parents to collaboratively teach their kids about money, banking and finance in a safe family environment.

Pennybox Services may be used anywhere in the world that Pennybox is made available through online mobile app stores or our website. You must comply with these Terms and all applicable laws and regulations of the country in which you are resident. Pennybox will not be liable for any breach of laws or regulations in your country, by you.

By starting a Membership with Pennybox, you warrant the following:

(i)  You are at least 13 years old;

(ii)  If you are under 13 years old, that you have the consent of your parent or guardian, or being signed up by your parent or guardian; and

(iii)  Any personal information that you are required to provide for your Membership is true, accurate, current and complete in all respects.

Starting a Membership

As a parent, you may be required to provide your email address, mobile phone number and a 4 digit passcode when starting a Membership, which Pennybox will use in order to verify your identity and help manage your account. Your email address and mobile phone number may be provided directly or through starting a Membership through an associated social media or email account provider, such as Facebook or Google. Email addresses, mobile phone number and social media associations are optional for children.

To access your Membership on future visits to the Services, Pennybox will use and store these details, along with any other Personal Data you may supply from time to time in accordance with our Privacy Policy.

Passwords and Pin Codes

Pennybox uses a 4-digit passcode, like a bank pin number, to keep your account secure at all times.

You must keep your passcode secure and confidential at all times, and you must restrict access to your computer or phone to prevent unauthorised access to your account.

Pennybox may rely on any use of the Services with your email and pin code (or such other account details which Pennybox may from time to time issue to you) as being authorised by you.

You must inform Pennybox immediately if you have any reason to believe that your passcode or any such security details have become known to anyone else or if they are being, or are likely to be, used in an unauthorised manner.

Using your Membership

Please ensure that you read, understand and comply with the User Conduct Rules. It is a condition of your membership and continued use of your membership that you comply with these rules and these Terms at all times.

User Conduct Rules

Pennybox is committed to ensuring the Services are used in a highly secure manner and that the Services remain fun and safe for all Users. The Services rely on Users uploading Submissions through the mobile app.

By accessing and using the Services, you agree that you will only use the Services for lawful purposes, and will not upload or submit to or on the Services anything deemed to be a Prohibited Submission.

Any Submission is your sole responsibility and by using the Services you may be exposed to content which you consider as offensive or harmful. You agree that Pennybox will not be held liable for any loss or damage that you may suffer or incur as a direct or indirect result of any such exposure. You also acknowledge and agree that this means that you are responsible for the Submissions that you submit or upload to or on the Services.

You acknowledge and agree that Pennybox has the right to examine any Submission that you submit or upload using the Services, and at its sole discretion may edit or remove any Submission that it deems inappropriate, for any reason in accordance with Our Rights on your Submissions.

Prohibited Submissions

Prohibited Submission” includes, without limitation, the following types:

(i)  Submissions that infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of privacy anywhere in the world.

(ii)  Submissions that violate any law, statute, ordinance or regulation anywhere in the world;

(iii)  Submissions that are defamatory, libellous, unlawfully threatening or unlawfully harassing, or which are otherwise objectionable or inappropriate having regard to the average User;

(iv)  Submissions that are discriminatory in any nature, pornographic in any nature, or otherwise offensive to the average User, in any way;

(v)  Submissions that contain viruses, worms, corrupt files, trojan horses or other forms of corruptive code or any other material which may compromise the Services.

Our Rights on your Submissions

Pennybox has the sole discretion to determine whether any Submission is a Prohibited Submission.

You acknowledge and agree that Pennybox may review any Submission to the Services and has the absolute right to examine, delete, move, edit or disable access to any Submission (and parts of any Submission) for any reason, at any time and without notice to you.

Pennybox may also, at its sole discretion at any time and without notice to you:

(i)  Contact any law enforcement agency or court of competent jurisdiction regarding any Submission which Pennybox believe may constitute a Prohibited Submission and supply copies of such Submission to them and give them access to any Personal Data which is held relating to you, who submitted such a Submission; and/or

(ii)  Refer any matter to a law enforcement agency or court of competent jurisdiction, where in our reasonable opinion, your use of the Services is of a criminal or illegal nature.

Termination of your Membership

Pennybox reserves the right to terminate your Membership without notice to you for any reason, and specifically for the following reasons:

(i)  You register for Membership using a non-existent email address or provide at any time with any personal information which is untrue, inaccurate or incomplete; or

(ii)  Your Membership is inactive for a consecutive period of 365 days or more; or

(iii)  You breach any of these Terms or any other policies or guidelines set forth from time to time elsewhere on the Services, including, our User Conduct Rules; or

(iv)  You engage in any conduct which Pennybox believes, in its sole discretion, to be harmful to its business or to other Users; or

(v)  Any Submission which you make to the Services is the subject of any Notice of Infringement or Notice of Unlawful Activity; or

(vi)  Pennybox is wound up, liquidated, acquired, or assets of its business are divested to a third party.

Pennybox takes your privacy extremely seriously. If you wish your data to be deleted when your account is closed please contact us at hello@pennybox.com.

If your Membership is terminated for any reason, Pennybox reserves the right, without notice to you, to de-activate any links or Services through which it may from time to time have given you access to your Membership and to permanently remove and discard any Submission you have made.

6.    Your Personal Information

Pennybox is committed to protecting your privacy and your children’s privacy.

Our Privacy Policy sets out how Pennybox will use any information collected from you. When you use the Services, you agree that you have read our Privacy Policy, and giving your consent to the collection and use of any information as set out in Pennybox’s Privacy Policy.

You can always access the latest Privacy Policy through our mobile app, or on our website.

7.    Ownership and Use of Intellectual Property

The Services contains material, including but not limited to, text, photographs and, video, logos and other content, which is protected by Copyright and/or other intellectual property rights such as Trademarks.

Penny Labs Pty Ltd also trading as Pennybox, owns all intellectual property rights contained within the Services. Without limitation, Penny Labs Pty Ltd, owns all rights, title and interest (including all Intellectual Property Rights) to any materials contained in any Submission made through the Services.

You may, without our prior written consent:

(i)  Download, temporarily store and print hard copies of any of the pages of the Services for personal use, or for internal, non-commercial, non-media use within your organisation;

(ii)  Distribute copies to third parties for their personal use or for their internal, non-commercial, non-media use within their organisation, provided that Pennybox are acknowledged as the source and copyright owner and that their attention is drawn to these Terms of Use.

You may not, without our prior written consent:

(i)  Systematically extract, automatically or manually download or scrape, copy or use any of the contents of the Services, use any data mining, robots or similar data gathering and extraction tools to extract, whether on one or more occasions, any parts of the Services;

(ii)  In any way alter or adapt the text of the material on the Services or of any material copied or printed off or distributed from the Services (including without limitation any trademarks or logos included on any such material);

(iii)  Remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied, printed off or distributed from the Services;

(iv)  Create and/or publish any database or repository that features any parts of the Services.

Requests to reproduce or use our Intellectual Property that is not already approved by these Terms, must be made in writing to hello@pennybox.com.

8.    Pennybox’s Liability to You

Pennybox have taken every care in the preparation of the content of the Services, in particular to ensure, to the best of our ability, that all information provided is correct at the time of inclusion. However, Pennybox does not guarantee the accuracy of such information or that it will be up to date at all times.

Pennybox make no warranties of any kind, whether express or implied, in relation to the Services, including any implied warranties of non-infringement, compatibility, security, accuracy, or conditions of completeness. Unless expressly set out in these Terms, Pennybox also make no warranties that the Services will meet your requirements or will be uninterrupted, timely or error-free, or that defects will be corrected.

Pennybox do not accept any responsibility for and to the fullest extent permitted by law, accept any liability for any loss or damage, whether directly or indirectly, arising out of your use, or reliance on the Services or any information provided.

9.    Third Party Use

Electronic links to, API connections to, scraping, downloading, or otherwise linking or connecting to any of our Services from any other service or third party is strictly prohibited, without our prior written consent. Requests for such access can be directed to hello@pennybox.com.

The Services may provide links to third party services or may reference third party services and/or educational resources for you to access at your own discretion. Please note that access to the content of any third party websites or resources may be subject to terms and conditions imposed by the owner of that content which you should review before interacting via such websites or providing such third parties with information about yourself.

Pennybox does not endorse or accept any responsibility for the content of any third party websites and/or educational resources.

10.  Transfer of Rights and Obligations

These Terms, upon your acceptance, is binding on both parties.

You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.

Pennybox may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

11.  Events Outside Our Control

Pennybox is not liable or responsible for any failure to perform, or delay in performance of, any of their obligations under a contract that is caused by a events outside our reasonable control.

Such events include any act, event, non-happening, omission or accident beyond Pennybox’s reasonable control and includes in particular, but not limited to, the following:

(i)  Strikes, lockouts or other industrial action.

(ii)  Civil commotion, riots, invasions, terrorist attacks or threat of terrorist attacks, war or threat or preparation for war.

(iii)  Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(iv)  Failure of public or private telecommunications networks.

(v)  Changes to acts, decrees, legislation, regulations or restrictions of any government.

12.  Waiver

If Pennybox fails to act at any time during or after, exercise any of its rights or remedies, or insist upon strict performance of any of your obligations under these Terms, this does not constitute a waiver of such rights or remedies and does not relieve you from compliance with your obligations under these Terms.

No waiver by Pennybox of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13.  Severability

If any of these Terms or any provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from these Terms. The remaining Terms and provisions will continue to be valid.

14.  Entire Agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and Pennybox and supersede any prior agreement, understanding or arrangement (whether oral or in writing) covering the same Services.

You acknowledge that, in accepting these Terms, you have not relied on any representation, undertaking or promise given by Pennybox or implied from anything said or written by Pennybox, except as expressly stated in these Terms.

15.  Third Party Rights

Any person or entity that is not a direct party to these Terms shall have no right to enforce any term or provisions within these Terms.

16.  Law and Jurisdiction

These Terms and any other legal notices contained from time to time in the Services and all issues arising from the Services are governed by the laws of New South Wales, Australia (NSW).

The courts of NSW will have exclusive jurisdiction over any claim or matter arising from, or related to the Services, and over any claim or matter arising in connection with these Terms.

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