Terms & Conditions

The PiptleApp.Store Website (the “Website”) is owned and operated by Piptle App Store (HK) Limited and its affiliates (“PiptleApp.Store”, “We”, “Our”, or “Us”). The terms and conditions of this agreement (“the Agreement”) govern your use of any of the services, functions or features provided by PiptleApp.Store via our application, the PiptleApp.Store Platform (“the Platform”). 

The Website is an online internet technology platform that facilitates administration for our services and allows purchasers or investors to independently review information contained therein. These Terms of Service govern your access and use of the Website and all publicly available content, services and/or products provided through the Website (collectively, the “Services”). 

You acknowledge that PiptleApp.Store is not a registered broker, investment advisor or crowdfunding portal and does not engage in any conduct that would require such registration. The Platform and Services are offered to you on the condition of your acceptance without modification of all terms and conditions, policies including the privacy policy and notices set forth in this Agreement and all other operating rules, policies, any future modifications that may be published from time to time without notice to you. The Platform and Services are also offered on your acceptance without liability for such change on the Website or otherwise provided to you, and any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Website or the Services (collectively, the “Terms”).

Visitors to the Website and users of the Services are referred to herein individually as “User” and collectively as “Users”. 

In order to access the features of the Services, you will have to create an account and become a registered user of the Services. If you are entering into these Terms on behalf of an entity or any third-party, such as your employer or a company you work for or control, you represent that you have the legal authority to bind that entity to these Terms. 

By accessing, browsing and using the Website and/or Platform, you acknowledge and agree that you have read, understood and agreed to be bound by the Agreement appearing herein under and all other policies and procedures posted on the Website. If you do not agree to be bound by the Agreement, you are not authorised to use the Website or Services. For avoidance of doubt, this Agreement applies to all Users and customers of the Platform. 

Please read the Agreements carefully, as it contains information concerning your legal rights and limitations on these rights, as well as the applicable law and jurisdiction of disputes.

1. Registration and Activation

  1. To fully access, experience or to use the Platform, you are required to register an account by providing, among others, your real name, documents proving your identity, corresponding email address, and / or other personal information as required by us and following the instructions on the relevant page in order to become our User (“the Registration Information”).
  2. You shall complete the activation process following the instructions on the activation page. You will also choose a password and a username. We reserve the right in our sole discretion to refuse registration of or cancel a username. 
  3. We reserve the right to seek more personal information or personal details from you at any time for the purpose of the usage of the Platform.
  4. You acknowledge and understand that you shall provide us with accurate, complete, and updated Registration Information. In the event of any updates of the personal data, you shall take steps to notify us for such update. Failure to do so shall constitute to a breach of the terms and condition of this Agreement, which may result in immediate termination of this Agreement by us at our discretion and we shall not be made legally responsible for these account.
  5. You understand that all Registration Information including images, pictures, data, text, photographs, graphics, lists, video, messages, or other materials stored or uploaded in Platform by you or by any party authorised by you (“the Authorised Party”) is the exclusive work and property from whom such upload content is originated.
  6. We do not claim any ownership of any Registration Information you upload. You shall retain copyright and any other rights you already hold in such content which you or the Authorised Party submit, post, upload or display on or through the Platform. When you or the Authorised Party submit, post, upload or display content, you shall give a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to archive the content in accordance with or as reasonably contemplated by this Agreement.
  7. We reserve the right to remove any upload posted by you or your Authorised Party without serving a notice to you.
  8. We reserve the right to send you notice to make enquiry and demand corrections on relevant information or refuse registration of, or cancel an account at our discretion.
  9. You shall be solely responsible for maintaining the confidentiality of your username and Password and you shall be responsible for all activities under your log-in email.
  10. The account is personal to you and shall not be shared with third parties or transferred to third parties without notifying us and obtain consent from us.
  11. We reserve the right to approve or reject your registration of account and in the event your registration of account ire rejected, we are not bound to provide the cause of such rejection and we will not entertain any appeal whatsoever from you.


2. General Guidelines

  1. The use of the Platform is subject to our general guidelines: 
    1. You shall have the full capacity for civil rights and civil conducts while accessing, experiencing or to using the Platform. If you do not have the said capacity, you shall be made liable for all the consequences resulted therefrom and shall deliberately indemnify us from any damages and losses caused therefrom.
      1. You shall comply with all the laws, regulations, rules, policies and guidelines as well as this Agreement and any further guidelines that may be issued by us from time to time;
      2. You shall not be in violation of public interests, public ethnics or other’s legitimate interests and shall not commit any act which may constitute evasion of payable taxes or fees;
      3. You shall not be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
      4. You shall not affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Platform;
      5. You shall not violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
      6. You shall not gain unauthorised access to the Platform, other Users’ accounts, names, Passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Platform or to use the Platform in any manner which violates or is inconsistent with any terms and conditions of this Agreement;
      7. You shall not modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or the rights or use and enjoyment of the Platform by any other person;
      8. You shall not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person to do so;
      9. You shall not circumvent or manipulate our fee structure, the billing process, or fees owed to us;
      10. You shall not post or provide false, inaccurate, misrepresenting, misleading, incomplete, defamatory or libelous content;
      11. You shall not take any action that may undermine any ratings system that we may use;
      12. You shall not transfer your account and Users identification to another party without notifying us and obtain consent from us;
      13. You shall not copy, modify, or distribute:
        1. content of the Platform; or
        2. any of our copyright or trademarks;
      14. You shall not harvest or otherwise collect information about other Users, including telephone number, and email addresses, without our consent.
  2. Under no circumstances that we will be liable to any errors, fraudulent act, or omissions of Users for damage of any kind incurred as a result of the use the Platform.
  3. You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
  4. You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account without further notice and we shall not be held liable under any circumstances in the event you breached any clause in this Agreement.
  5. We reserve our rights to change, improvise or amend our guidelines from time to time.

 

  1. Authorised and Eligible User
  1. By using the Services, you represent that you are able to legally contract in the jurisdiction in which you are located. You may access the Website generally and/or browse generally without registering with the Website. In order to access certain features of the Website, including viewing securities offerings or posting content on the Platform, you must register to create an account (“Account”) and meet certain criteria. You must complete the registration process by providing us with current, complete and accurate information. 
  2. Before you can purchase and/or invest in any offerings on the Platform, you must register with the Platform and qualify as an eligible purchaser or investor as per our registration process. However, it is your responsibility to satisfy yourself that a purchase and/or investment through our Platform complies with and is permitted under the laws of your jurisdiction. This includes complying with any governmental or regulatory requirements or other applicable formalities.
  3. You agree that your Account will be self-directed and that you are solely responsible for all purchase and/or investment decisions. Although the Website may provide data, information or content provided by third-parties or us relating to purchase and/or investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to purchase and/or invest in any offering posted on the Website.
  4. Any decision to purchase and/or invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk.
  5. You acknowledge and agree that you are solely responsible for determining the suitability of a purchase and/or investment and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal.
  6. You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the companies posted on the Website.
  7. You are strongly advised to consult a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice as the Website does not provide any of the foregoing advice or recommendations or provide any due diligence.

 


5. The Users’ Covenants

  1. You shall not use, copy or disseminate any data whatsoever on the Platform for any use without our prior written consent.
  2. You shall keep all the evidence related to your transactions through the Platform, failing which you shall be made liable for any consequences arising therefrom. However, in the event that your records do not correspond with our records, our record shall prevail on all aspects.
  3. You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, regulations and rules, any securities exchange or self-regulatory organisation’s rules or regulations, and any applicable foreign laws.

  1. Technical Issues
  1. To the extent permitted under the law, we shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill, expenses or loss of profit incurred or suffered by the Users pursuant to any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Company.


6. Submitting Content, Reviews and Comments

  1. By submitting content to the Platform in relation to the Services and your experience including any reviews, photos, videos, questions, comments, suggestions, ideas or any submissions (collectively, “Submissions”), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout any media now known or hereafter devised. In furtherance thereto, we may choose to provide attribution of your comments or reviews at our discretion.
  2. We do not edit or control any Submissions posted to us (including any rating system or other communications medium provided by us) submitted by Users, and we shall by no mean responsible or liable for any Submissions.
  3. You agree and understand that you may be exposed to Submissions posted by others that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that we makes no representations or warranties regarding Submissions and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to User Content.
  4. We reserve the right for any reason in our sole discretion to remove or to make copy of any Submissions without notice to any User.
  5. Any Submissions submitted by Users shall not represents us, and Users shall deliberately indemnify us from any damages caused by defamation, misrepresentation or false statement contained in the Submissions. You are solely responsible for Submissions that you post, transmit, or share on or through the Platform, as well as for any actions taken by us or other Users as a result of your Submissions. 
  6. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect to Submissions posted by you or others. 

 

7. Confidential Information

  1. We will not disclose any information made available to us including but not limited to all information contained within our reporting systems and any other information we disclose or make available to you directly or indirectly, whether in writing, orally or visually (“Confidential Information”).
  2. Confidential Information does not include any information other than information that is or becomes publicly known and generally available other than through your action or inaction; or was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
  3. You acknowledge, consent and agree that we may process, access, preserve and disclose your account information and content for the purpose to provide Services or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
      1. comply with legal process;
      2. enforce this Agreement;
      3. respond to claims that any content violates the rights of third parties;
      4. respond to your requests for customer service; or
        protect our rights, property or personal safety, our Users and the public.
  4. We will comply with the terms set out in our Privacy Policy.


8. Our Intellectual Property Rights

  1. You acknowledge that we own all rights, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Platform, and that you will not acquire any rights, titles, or interests in or to the Platform except as expressly set forth in this Agreement.
  2. You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Platform or proprietary information related thereto.
  3. You shall not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Platform by any means which amount to unauthorised, and unlawful access into our back-end system.
  4. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, non-competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.


9. Disclaimer

  1. The Services and any other information provided on the Website and Platform are provided “as is” and “as available”. We disclaim all representations and warranties, statutory, express or implied, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compliance with laws, correctness, accuracy, and reliability to the fullest extent permissible by law. 
  2. You acknowledge that we merely serve as a venue for transactions where the Users may acquire information about purchase and/or investment offerings and conduct transactions.
  3. You acknowledge and agree that it is your responsibility to perform your own due diligence, seek professional advice, access the risk of any financial transactions made through the Platform.
  4. We strive to ensure that the technology and information on the Platform is accurate, effective, reliable and up to date but do not represent or warrant that:
      1. the access to the Platform or any part of it, will be uninterrupted, reliable or fault-free; and
      2. the accuracy, completeness, and reliability of the contents that uploaded by us or the other Users as reflected in the Platform in relation to our Services.
  5. You shall be responsible for keeping an independent backup (screenshots, printing of documents, exporting of reports, access information to your Piptle Wallet) of all data stored or generated that is unique to your account. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, our records shall prevail.
  6. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.


10. Limitation of Liability

  1. To the maximum extent permitted under applicable law, you expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, service providers, agents, contractors, and/or distributors (if any) shall not be liable for any loss of profits, data, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with your use of the Services, Platform or the Website under this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought resulting from: –
      1. your access to or use of or inability to access or use the Platform;
      2. any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties;
      3. inaccuracy or omission of the information that may be extracted from the Platform;
      4. any content obtained from the Platform that uploaded by Users; and
      5. unauthorised access use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

  1. You acknowledge and agree that we have offered our Services and entered into the Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth, that the warranty disclaimers and the limitations of liability reflect a reasonable and fair allocation of risk between you and PiptleApp.Store, and that the warranty disclaimers and the limitations of liability form an essential basis of the bargain between you and PiptleApp.Store. We would not be able to provide the services to you on an economically reasonable basis without these limitations.
  2. We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. 
  3. If you are dissatisfied with any aspect of the Platform, or with any of these terms of use, your sole and exclusive remedy is to seek for dispute resolution process as stipulated in this Agreement or discontinue your access and/or use of the Platform.

11. Marketing and Notifications

The Website and Platform may display third party advertisements and promotions. A display of third party advertising does not imply an endorsement or recommendation by the Company. By accepting the Terms and Conditions, you hereby explicitly consent and agree for us to send you information containing third party advertisements and promotions related to our Services and services of our affiliates and partners from time to time. As consideration for access and use of the Website and Platform, you agree that we may place third party advertising on the Website and Platform at our sole discretion. You agree that we may change the manner, mode and extent of third party advertising on the Website and Platform without further notice.


12. Indemnity

To the fullest extent permissible by law, you agree to indemnify, and hold us, our agents, service providers, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Platform, the use of the Services and/or your breach of any term of this Agreement. You shall deliberately indemnify us for any interference or damage to any computer system that arises in connection with your use of the Platform or any linked Website. 


13. Force Majeure

We shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of God, war, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, or machinery break down etc.


14. Suspension and Termination

  1. You may terminate your use of the Platform at any time, and all provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  2. We will suspend or terminate your access to the site if you are classified to be, in our sole discretion, a repeat infringer of this Agreement.
  3. We also reserve the right to suspend or cancel your account that has been inactive for a period of time provided that no transactions have occurred.
  4. We may, but shall not be obligated to, reasonably issue you advance infringement warning notice(s) via registered email, if you have violated this Agreement prior to suspension or termination of your account.


15. After Termination

  1. In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable: –
      1. your access to the Platform shall immediately be terminated;
      2. we reserve the right to permanently dispose and delete any data or User Content held in your registered account without further reference to you and such materials and content may no longer be accessible by you. We will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party; 
      3. we reserve the right to buy back any purchased Piptle(s) less 15% of the original price for administration fees; and
      4. any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
  2. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.

 


16. Modification

  • We reserve the right to modify our terms and conditions herein from time to time in our sole discretion. We may change any or all aspects of services provided by the Platform at any time and without notice or liability. Nothing in this Agreement will constrain how we operate our business. You shall be responsible to monitor any such modifications from time to time.
  • If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification via your email address registered with us. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the Terms.
  • What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

 


17. Third Party Sites

The Website and Platform may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. These links are provided only as a convenience to you. You may use the links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Content or Third-Party Sites. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information, materials, products, or services contained in or accessible through any Third-Party Site. In no event shall we be responsible for the information contained on the Website and Platform. 


18. Relationship

Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership, agency or joint venture relationship between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

 

  1. Entire Agreement

The Terms (including the documents and instruments referred to in the Terms) constitute the entire agreement and understanding of the parties with respect to the subject matter of the Terms, and supersede all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.


20. Severability

This Agreement shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable, in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable: –

  1. That term and condition shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
  2. If the term and condition or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.

 

  1. Privacy

We takes the privacy of our Users very seriously. Please read our Privacy Policy, which is hereby incorporated into these Terms by reference, for information relating to our collection, use and disclosure of your personal information.

  1. Arbitration

In the event of any claim, controversy or alleged dispute between you and PiptleApp.Store, its members or affiliates, you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence arbitration, which, unless the parties agree otherwise in writing, will be administered by and in accordance with the jurisdiction of Australia or a jurisdiction of our choice.

  1. Choice of Law

The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of Hong Kong but we are fully compliant with the laws of Australia.

24. Miscellaneous

  1. Any notice, request or demand required or permitted under this Agreement shall be deemed given when actually delivered or one (1) day after the date sent if sent via overnight courier addressed to such party at such party’s address stated in this Terms and Conditions or such other address as is specified from time to time by either party in writing. In the case of a notice or request sent by electronic communication, be deemed to have been received within twenty-four (24) hours after the time of sending the notice or request.
  2. Time is of essence for each and every provision of this Agreement.
  3. The Headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement.
  4. Only a written instrument executed by the party waiving compliance may waive a provision of this Agreement. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision.