Legal mark-ups for Unfair Contract Terms 4 August 2016
References to "us", "we" or "our" are references to Commonwealth Bank ABN 48 123 123 124 Australian credit licence 234945 ("CommBank").
About the Pi Community
The Pi Community ("Pi Community") is a forum where members of CommBank's Pi App bank may, subject to these terms and conditions, discuss or ask questions about our Pi products and services in a free and open manner and share support answers, which may be viewed by both members and non-members of the Pi Community.
The Pi Community is part of CommBank's Pi App bank website.
Our Pi products and services includes but is not limited to the Albert, Leo and Emmy EFTPOS devices, apps which run on them and the development and management of these apps.
While we want you to enjoy the experience of visiting and participating in the Pi Community, we also want you to understand these terms and conditions to which you agree when visiting.
By accessing the Pi Community, you agree to these terms and conditions. We may amend the terms and conditions from time to time.
You agree that if there is any inconsistency between these terms and conditions and the CommBank Terms and Conditions, these terms and conditions will prevail to the extent of the inconsistency.
When using the Pi Community, you must be aware of the following:
the views expressed within the Pi Community are not necessarily our views. We do not vouch for the accuracy or authenticity of posts which are not made by official Pi representatives;
posts are not professional advice and must not be treated as such, even if they are directed to you. Posts are general information only and you must carefully consider any decisions you make based on Community content. We are not responsible for any loss you may suffer as a result of relying on Pi Community content;
you acknowledge and agree that the content posted on the website has been prepared without taking into account your personal objectives, financial situation or needs;
from time to time, CommBank staff members may participate in the Community as customers of CommBank. In doing so, these CommBank staff members are acting in their personal capacity and not as an employee, adviser, representative or agent of CommBank and these CommBank staff members bear all responsibility for the content of their posts. The content of such posts is not endorsed by CommBank and do not constitute our views. These posts are not intended to constitute financial or professional advice or financial services provided by CommBank and should not in any way be treated as such. We do not vouch for the accuracy or authenticity of any posts by CommBank staff members acting in a personal capacity and will not be responsible for any loss you may suffer as a result of relying on any such posts.
you are personally responsible for the content of your posts. You must not include misleading or deceptive information in your posts or use Pi Community to engage in illegal or unauthorised activity. Information, including your identity, may be made available to Australian Securities and Investments Commission ("ASIC") and ASIC or other Pi Community members may take action against you. If we find or suspect that you are engaging in illegal or unacceptable conduct through Pi Community, we reserve the right to remove your posts and your access to Pi Community, and report such conduct to ASIC, or if the circumstances warrant, to any appropriate law enforcement agency;
if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), you consent to:
you should be aware that other Pi Community members may be based overseas, making it difficult for you to take any action against them; and
you should always report to us any posts which you suspect are inaccurate or may mislead or deceive other Pi Community members. This includes posts which contain information that might, over time, be no longer accurate.
Registration and termination
By registering or activating your Pi App bank account and logging in you have become a member of the Pi Community and agree that we may contact you about your profile or any content you post in Pi Community and for other administrative purposes related to the Pi Community.
Your Pi Community membership will automatically terminate when your Pi App bank account is terminated.
Even after your Pi Community membership is terminated, these terms and conditions will remain in effect and you will remain bound by them except that your right to use the Pi Community as a member will terminate. We may discontinue the Pi Community without notice at any time.
We may, in our sole discretion, at any time, close, bar or suspend your use of the Pi Community or Pi App bank. If your use of the Pi Community is closed or suspended, your use of the Pi App bank will likewise be closed or suspended. Similarly, if your use of the Pi App bank is closed or suspended, your use of the Pi Community will likewise be closed or suspended. We may revoke, temporarily or permanently, your status as a member of the Pi Community and/or your access to the website without notice at any time and for any reason.
If your participation in the Pi Community is terminated or revoked, we may terminate access to all your prior postings and settings. While we will continue to honour your Pi Community privacy settings, we may, but are not obliged to, delete posts and other information disclosed as of the time your participation in the Pi Community ended. Your postings may, at our sole discretion, remain part of and available to the Pi Community after the time your participation ends. We have no obligation to you or any other Pi Community member to preserve any information or content you or any other member of Pi Community has posted on the website for any period of time. We may at any time terminate any or all of the functionality available through the website, and may discontinue the website at any time without notice to you.
Profile Creation and security
When you register on the Pi App bank website, you will be asked to choose a username and password. Your username must not be vulgar or violate the rights of others. We may reject or modify a username that we determine to be inappropriate for use in the Pi Community.
We do not permit the creation of multiple usernames for developers. We reserve the right to remove you from the Pi Community if you register as a developer multiple times.
You agree to only log onto Pi App bank using your username and shall not use the username of any other person.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your password. You undertake not to disclose your password to any third party. You shall take all necessary measures to safeguard your personal information. Personal information may include your account details, email address and password.
You acknowledge that a third party may post information on the website using your username and password. You agree not to hold us, our related bodies corporate (the "CBA Group") or any of our officers, directors, agents or employees liable for any cost or damages arising from such postings.
You agree to immediately notify us of any unauthorised use of your password, personal information or any other breach of security.
Your responsibilities when using the Pi Community
You may upload content for display on the Pi Community at our discretion. This may be in the form of questions about the development of apps, questions about our Pi products and services, participation in forums or other discussion threads, replies to questions or the suggestion of ideas. If we allow you the opportunity to upload content to Pi Community, please choose carefully the information that you post.
You must not engage in any conduct or post any content which is or which is likely to be:
in breach of any laws;
in breach of the intellectual property rights or moral rights of any person or entity;
in breach of any obligations of privacy or confidence;
defamatory to any person;
abusive, obscene, offensive, pornographic or indecent;
harassing, threatening, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data; or
false, misleading or deceptive.
You must not do any of the following within the Pi Community:
send or otherwise post unauthorised commercial communications;
solicit, collect or store content, information or personal information belonging to other Pi Community members, or otherwise access the website, using automated means other than any means which we have not intentionally made available to you through the website, without our prior written consent;
upload or introduce any viruses or other computer-programming routines intended to damage, harm or interfere with Pi App bank and Pi Community or any system, software, hardware, telecommunications equipment, data, or personal information, or do anything that could disable or impair the proper working of the website;
offer any contest, giveaway, or sweepstakes;
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
change the topic of a thread to purposefully disrupt the flow of a conversation;
forge headers or engage in manipulative practices designed to hide the origins or true intent of your submissions to the website, or to artificially generate traffic to another website;
reproduce, duplicate, copy, publish, distribute, sell, resell, trade or exploit any of the content on the website without our prior written consent;
post any content that is other people's work and claim it as your own without acknowledging or crediting the rightful author or source; or
facilitate, incite or encourage any breaches of these terms and conditions; or
post content to the Pi Community that violates or is not in compliance with the CommBank's Acceptable Use Policy.
If you become aware of the misuse of the Pi Community or its features by any person, please click on the "Contact Us" link on the Pi App bank website and follow the directions.
Our rights and expectations
We reserve the right, in our sole discretion, to reject, refuse to post, edit, or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Pi App bank website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Pi App bank website if we determine, in our sole discretion, that you have violated these terms and conditions or pose a threat to us, our suppliers and/or other Pi Community members or for any other purpose we determine in our sole discretion.
You acknowledge and agree that we are not responsible or liable for the deletion or failure to store any content or messages posted by you or any other person on the website. We reserve the right to modify or discontinue, temporarily or permanently, the Pi App bank website at any time without notice to you. We shall not in any way be liable to you or any other person for any modification, suspension or discontinuance of the website or the Pi Community.
You acknowledge and agree that by accessing the Pi App bank website and participating in the Pi Community, you may receive material that you may consider to be offensive, indecent, obscene or otherwise discriminatory.
You acknowledge and agree that under no circumstances will you hold us, or any of our subsidiaries, related bodies corporate or respective officers, directors, agents, shareholders and employees liable for any content posted on the Pi App bank website or for any loss or damage of any kind incurred as a result of your use of the website, participation in the Pi Community or reliance on any of the information or content.
You agree not to access the Pi Community by any means other than through the interfaces that are provided or approved in writing by us.
We do not claim ownership of any content you post in the Pi Community. You continue to retain any rights that you may have in your content, subject to the license below.
By displaying, publishing or uploading any content in the Pi Community or otherwise submitting or posting content to us, you grant us an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license (including the right to sub-license that content to any person or entity) to use, modify, delete, add, store, create derivative works of, publicly perform, publicly display, reproduce and distribute the content in or through the Pi Community for any reason (including advertising and promoting the Pi Community and/or our products).
You represent and warrant that:
you own the content you post or otherwise have the right to grant the licenses above; and
you have not infringed the intellectual property or privacy rights of any person or entity.
The Pi App bank website contains content provided by us (including third party content posted or displayed by us). We and/or the third parties we have engaged own and retain all rights in that content.
The Pi App bank website contains content allowed by us (including blogs or third party content posted or displayed by us). We do not own or retain the rights in such content.
We are not responsible for, and make no warranties, express or implied, as to any content in the Pi Community, other than as to posts made by our staff members who are authorised to do so on our behalf and who are identified as "Commonwealth Bank Staff" by depiction of the Pi logo in such posts (Official Posts). You acknowledge and agree that, other than the Official Posts, the content in the Community does not reflect our opinions or policies.
Profiles created and comments posted by Community members may contain links to other websites. We are not responsible for the content or accuracy of these websites. Nor are we responsible for any third party advertisements or applications made available to you via the website or by other Community members. When you access these third party sites, you do so at your own risk.
We are not responsible for the conduct, whether online or offline, of any member of the Pi Community. You should do your own research and think carefully before acting on any information contained in the Pi Community or any linked website. If you have any concerns, you should seek your own advice.
Pi Community is provided "as-is" and as available. We do not warrant that features and functions of the website will be available uninterrupted or error free, that defects will be corrected in timely fashion or at all, or that the website will be free of viruses or bugs. You acknowledge that all information you share or post in the Pi Community, becomes part of the Pi Community. You agree to take this into account when considering the username and any picture you use to represent yourself in the Pi Community or posting personal or non-public information in the Pi Community.
You understand that individuals who are not our customers who are also not members of the Pi Community may view the information disclosed or posted by you in Pi Community or on the website. This means that certain "Pi Community Profile" settings may result in the information posted in Pi Community being available to non-members of the Pi Community.
You acknowledge and agree that Pi Community and content that you post or transmit through the Pi Community may in the future be hosted on a server in another jurisdiction.
Liability and Indemnification
Our liability under these terms and conditions is subject to any applicable contrary provisions in the Australian Securities and Investment Commission Act 2001 (Cth) and Competition and Consumer Act 2010 (Cth).
To the extent permitted by law, in no event shall we be liable for any damage, claim or loss incurred by you (except to the extent it is a direct result of our negligence) in connection with or arising from your use of the Pi Community, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims.
You acknowledge and agree that your participation in the Pi Community and use of the Pi App bank website and content is at your own risk and that you shall not have access to any of the approved dispute resolution schemes to recover any loss or damage you may suffer as a result of your reliance on any of the content posted on the website.
You understand that these terms and conditions are based on and governed by Australian law. If you choose to access the website outside of Australia, you are also responsible for complying with all relevant local laws.
If any part of these terms and conditions is found to be void or unenforceable for any reason, the rest of these terms and conditions will continue to apply.
A number of features of Pi Community may be offered or processed through a third party service provider, which is not associated or affiliated with us, or any of our related bodies corporate. Unless otherwise noted, all authority granted to us, or limitations of liability to us, shall include our related bodies corporate, agents and representatives and any service provider. We, a member of the CBA Group, our agents or related bodies corporate acting on our behalf are authorised to provide the services contemplated by these terms and conditions.
You agree to indemnify and hold us, the CBA Group and our respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable legal fees, due or relating to or arising out of your use of the Pi Community in violation of these terms and conditions and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth in these terms and conditions and/or arising out of or relating to any content that you post.