Powour App Terms & Conditions

Welcome: The Powour app helps you to use the power of your movement patterns to repair the planet and do your bit for climate change. It does this by tracking the carbon footprint of your daily transport and mobility patterns, showing you easy ways to improve, and reduce the carbon emissions through changes transport and mobility choices. These Ts and Cs are here to make sure that everyone in the Powour community (including us!) is doing the right thing by each other, and the planet. These terms and conditions help ensure we’re all on the same page about keeping your data private and our intellectual property secure.
Our Disclosures: Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below: We may amend these Terms or the features of the App at any time, by providing written notice to you;We will handle your personal information in accordance with our privacy policy, available at www.Powour.io/privacy-policy;Our liability under these Terms is limited to $100, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data; and We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform. Nothing in these terms limit your rights under the Australian Consumer Law. Disclaimer: Please note that our App and the content contained on our App (including our Powour Points, carbon footprint insights, content, business recommendations, Powour Badges for users and/or businesses and any other tools, information, recommendations, insights or resources made available to you) (Content) are provided for general information purposes only, and on an “as is” basis. If you choose to make use of our Content, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in our App. It is your sole responsibility to determine the suitability, reliability and usefulness of our App and our Content.
Terms and Conditions: Pelo Powr Pty Ltd t/a Powour ABN 92 657 796 864 (Powour, we, us or our) owns this mobile application, including all software, instructions and any update, modification or release of any part of that mobile application that we provide to you (App). Our App is available on both the Apple App Store and the Google Play Store, and may be available through other addresses or channels.
Acceptance and App Licence: You accept these terms and conditions (Terms), including our Privacy Policy and any annexures and attachments included, or referred to, in these Terms, by downloading or using our App. These Terms are entered into between Powour and you, together the Parties and each a Party. These Terms will commence on the date on which you accept these Terms and will continue until the date these Terms are terminated in accordance with the Termination clause below (Term).Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our App in accordance with these Terms. All other uses are prohibited without our prior written consent. If you access or download our App from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.
Prohibited Conduct: You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our App or which apply to you or your use of our App; anything which we would consider inappropriate; or anything which might bring us or our App into disrepute, including: (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our App to defame, bully, harass, threaten, menace or offend any person; (3) interfering with any user using our App; (4) tampering with or modifying our App, knowingly transmitting viruses or other disabling features, or damaging or interfering with our App, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our App; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our App to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Signing Up To Our App: You must register on our App and create an account (Account) to access the functionality of our App. You must provide basic information when registering for an Account, such as your name, email address and phone number and you will be sent an SMS message to verify your phone number. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date. You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account, including purchases (if applicable), whether or not these were authorised by you, made using your Account details. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.
Powour Collection Notice: We collect personal information about you in order to enable you to access and use the App, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. We may disclose that information to third party service providers who help us deliver our App (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our App. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Our Intellectual Property: You acknowledge and agree that, unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our App and all Content (Our Intellectual Property). Your use of our App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our App or the Content. We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose. You must not, without the prior written consent of ourselves or the owner of the Content (as applicable): (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our App, including by: (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content. For the avoidance of doubt, this clause does not limit you from promoting our App in your social media feeds or using our in-App feature to share certain Content about yourself on your social media feeds.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our App. By making available any User Content on or through our App, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our App. However, if you delete your Account we will delete your User Content. You agree that you are solely responsible for all User Content that you make available on or through our App. You represent and warrant that: (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve and are not responsible for any User Content. We may, at any time and at our sole discretion, remove any User Content.
User Data: You grant us a limited licence to copy, transmit, store and back-up or otherwise access the information, and other data provided by you to us or inputted by you into the App, stored by the App or generated by the App as a result of your use of the App (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you (including to provide information on your carbon footprint and environmental impact); (2) diagnose problems with the App; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the App; (5) calculate any commission payable to us from merchants listed on the App that you have made a purchase from; and (6) as reasonably required to perform our obligations under these Terms.
Analytics: You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the App, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information. You agree that we may make such Analytics publicly available, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable. We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.
Feedback: You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the App and/or Powour (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
Warranties: You represent, warrant and agree that: (1) there are no legal restrictions preventing you from entering into these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; (3) to provide all assistance, information and documentation necessary to enable us to provide the App and that all information you provide to us in connection with the App will be true, accurate and complete; and (4) you have not relied on any representations or warranties made by us in relation to the App (including as to whether the App is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms. You acknowledge and agree that: (1) you use the App at your own risk; and (2) we do not guarantee that the App will be secure, timely, uninterrupted or error or virus free or that it will meet your expectations or requirements.
Australian Consumer Law: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our App which cannot be excluded, restricted or modified (Consumer Law Rights).If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the App) are provided to you without warranties of any kind, either express or implied, whether in statute at law or any other basis. This clause will survive the termination or expiry of your Membership.
Limitations on Liability: Despite anything to the contrary, to the maximum extent permitted by law: a) neither Party will be liable for Consequential Loss; b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party), including any failure by that Party to mitigate its losses; and c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to $1000. This clause will survive the termination or expiry of these Terms.
Termination: You may terminate these Terms at any time via the “delete your account” (or similar) feature in your Account. An Account will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or b) the Defaulting Party is unable to pay its debts as they fall due. Should we suspect that you are in breach of these Terms, we may suspend your access to the App while we investigate the suspected breach. Upon expiry or termination of these Terms (including if your Account is cancelled by you), we will remove and/or decommission your Account and if you redownload the App again in the future, you will not be able to see or restore any of your previous User Data. Termination of an Account will not affect any rights or liabilities that a Party has accrued under these Terms. This clause will survive the termination or expiry of your Account.
Third Party Inputs: You agree that the provision of the App may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including third parties that provide us with IT services, end users, merchants, suppliers, or other subcontractors which the provision of the App may be contingent on, or impacted by (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs. To the extent that any Third Party Inputs are required by us in order to be able to provide the App to you: (1) we agree to, where applicable, obtain and maintain the required licences for access and use of any Third-Party Inputs (at no additional cost to you); and (2) you agree to: (i) where these are notified to you, adhere to the terms and conditions of any such Third-Party Input licences; and (ii) comply with our reasonable instructions and directions and the directions of the third-party provider. You agree that the benefit of the Third Party Input’s interface, or interoperation with, the App, is subject to your compliance with this clause.
Notice Regarding Apple: To the extent that you are using or accessing our App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the App and any content available on the App. Apple has no obligation to furnish you with any maintenance and support services with respect to our App. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using our mobile application. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
General Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice. Calculators and Tools: All tools and calculators on our App should be treated as a directional guide only and should not be relied upon as a scientifically precise indication of your carbon footprint or any other result generated. All results are subject to the information you input, the relevant assumptions we have made and the accuracy of any information we have at that point in time. Changes to the App and Terms: You agree that we may amend these Terms and the features of our App at any time. If we amend these Terms, or we make any changes to our App that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the App, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause.
Competitors: You are prohibited from using our App, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Discontinuance: We may, with written notice to you, discontinue our App, in whole or in part. We may also exclude any person from using our App, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent you may suffer arising from or in connection with any such discontinuance or exclusion.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive the termination or expiry of these Terms. Jurisdiction: Your use of our App and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Partners: Sometimes we are offered a fee or incentive to promote products on our App. Where we receive a receive a fee for promoting a particular store, product or brand, we will strive to clearly indicate this on our App or on our website. If you have any questions about how we make money you can also contact us at the email provided below.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. Third party information: Our App may contain information provided by, or links to websites operated by, third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Definitions:
1. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. Content is as defined in the Disclaimer at the start of these Terms and Conditions.
3. Intellectual Property Rights means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
4. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

Pelo Powr Pty Ltd t/a Powour ABN 92 657 796 864

Email: info@powour.io

Last update: 6 March 2023