pokeplus Terms of Service
Effective: 1 September 2026 · Version: 1.0
How this document works. Part A applies to everyone who uses pokeplus. Part B applies only if you hold a paid membership. Part C applies to everyone.
PART A: Using pokeplus
1. About these terms
1.1 These Terms govern your use of www.pokeplus.co, our web app, and any mobile app
we publish (the "Services"), and your pokeplus membership if you have one.
1.2 The Services are operated by POKEPLUSCO PTY LTD (ABN 79 701 573 579) of
Sydney, New South Wales, Australia ("pokeplus", "we", "us").
1.3 By using the Services you accept these Terms. If you don't accept them, don't use the Services.
1.4 Our Privacy Policy and the Competition Terms published for each draw form part of this agreement. Where the Competition Terms for a specific draw conflict with these Terms, the Competition Terms apply to that draw.
1.5 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where a term would do so, it does not apply to that extent.
2. Who can use pokeplus
2.1 The Services are for people aged 18 and over. Prize draws are legally restricted to adults.
2.2 By using the Services you confirm you are at least 18, have the legal capacity to enter this agreement, and that the information you give us is accurate.
2.3 If we become aware an account belongs to someone under 18, we will close it and refund any subscription paid.
2.4 pokeplus is not affiliated with, endorsed by or sponsored by Nintendo, The Pokémon Company, Creatures Inc. or GAME FREAK Inc. Card names, images and set information are the property of their respective owners and are used to identify collectible items.
3. Your account
3.1 You need an account to use most features. You must give accurate information and keep it current, particularly your region, which determines draw eligibility.
3.2 You are responsible for activity on your account. Tell us promptly at
hello@pokeplus.co if you think someone else has accessed it.
3.3 One account per person. Operating multiple accounts to obtain additional draw entries is a breach of these Terms.
4. Acceptable use
4.1 We grant you a personal, non-exclusive, revocable licence to use the Services for your own non-commercial purposes.
4.2 You must not:
- access the Services by automated means, including scraping, crawling or bots, except as a search engine indexing public pages;
- copy, extract, resell or republish our market data, price estimates or content;
- interfere with the Services' operation, or attempt to access data you are not authorised to access;
- introduce malicious code, or probe or test our security without written permission;
- use the Services to break the law, infringe anyone's rights, or harass another user;
- create accounts by automated means, or hold more than one account;
- enter a draw on behalf of someone else without telling us, or attempt to manipulate a draw;
- provide false information, including a region that is not where you reside.
4.3 Reporting a security vulnerability in good faith to hello@pokeplus.co is
welcome and is not a breach of 4.2. We will not pursue you for it.
4.4 Consequences of breach are dealt with in clause 18.
5. Content you upload
5.1 You keep ownership of anything you upload: photographs, notes, your collection data.
5.2 You grant us a licence to store, process and display that content for the purpose of providing the Services to you. It is limited to what we need to run the features you use, and ends when you delete the content or close your account, except for records we must retain by law.
5.3 We do not use your uploaded content to train artificial intelligence or machine learning models, and we do not licence it to anyone else for that purpose.
5.4 You confirm content you upload is yours to upload and does not infringe anyone else's rights.
5.5 We may remove content that breaches these Terms or the law.
6. Our content and brand
6.1 The Services' design, code, text, graphics, layout and our brand are owned by or licensed to us and protected by intellectual property law.
6.2 You may view and use the Services for your personal, non-commercial purposes. You may not copy, reproduce, republish, distribute or create derivative works from them without our written permission.
6.3 Nothing in these Terms grants you any right in our intellectual property except the limited licence in clause 4.1.
7. Market data, valuations and grading
7.1 Prices, valuations, trends, medians and market data are estimates compiled from third-party sources, provided for general information.
7.2 They are not financial product advice, not investment advice, and not a valuation for insurance, tax, probate or sale purposes. Trading cards are collectibles, not financial products.
7.3 We do not guarantee that any card can be bought or sold at a price we display, and we do not warrant that our data is accurate, complete or current.
7.4 You are responsible for your own buying and selling decisions and must not rely on our data as the sole basis for one. Where a decision matters, obtain an independent professional valuation.
7.5 Any grade or condition assessment we produce is our opinion for your own reference. It is not a certification by a third-party grading company and does not determine what any grading company, buyer or insurer would conclude.
8. Third parties and partner offers
8.1 The Services link to and display content from third parties, including card image sources and partner offers. We don't control them and don't endorse them by linking.
8.2 Third-party goods, services, discounts and offers are governed by that party's own terms and privacy practices. Direct any issue with them to them.
8.3 Subject to clause 1.5, we are not liable for third-party content, conduct, goods or services, or for any partner's failure to honour an offer.
9. Availability
9.1 We aim to keep the Services available but do not guarantee uninterrupted or error-free access. We may suspend the Services for maintenance and will give notice where practicable.
9.2 If the Services are unavailable for an extended period through our fault, tell us and we will credit or extend your membership for the affected period.
PART B: Membership
This Part applies only if you hold a paid membership.
10. What a membership includes
10.1 Membership tiers, prices and inclusions are set out on our membership page, which forms part of these Terms.
10.2 Membership currently includes collection tracking, portfolio valuation, market data, watchlists, and Poké Balls credited at the rate shown for your tier.
10.3 We may add, change or remove features. If we remove or materially reduce a feature that was a significant part of the tier you bought, we will give at least 14 days' notice and you may cancel before the change takes effect and receive a pro-rata refund of the unused portion of your current period.
11. Poké Balls
11.1 Poké Balls are entry credits used to enter draws. They have no cash value, cannot be redeemed for cash, and cannot be transferred between accounts.
11.2 Poké Balls are credited to your account either as part of an active paid membership, at the rate shown for your tier, or through a one-off purchase of a Poké Ball package at the price shown at checkout.
11.3 Poké Balls do not expire. Unused Poké Balls remain in your account until you allocate them to a draw or they are automatically allocated in accordance with the membership inclusions shown for your tier.
11.4 If we credit Poké Balls in error we may reverse the credit. If they have already been used, we will contact you rather than reversing an entry in a draw that has closed.
12. Fees, billing and renewal
12.1 Prices are in Australian dollars and include GST unless stated otherwise.
12.2 Payments are processed by Stripe. By subscribing you authorise us and our payment processor to charge your nominated payment method the fee for your tier, on the day you subscribe and on each renewal date, until you cancel.
12.3 Your membership renews automatically at the end of each period for a further period of the same length, at the price then applying, unless you cancel first.
12.4 You are responsible for keeping your payment details current. If a payment fails we may retry it and may suspend your membership benefits, including draw entries, until payment succeeds.
12.5 If you believe you have been charged incorrectly, tell us within 60 days and we will investigate. This does not limit your rights under the Australian Consumer Law or with your card issuer.
12.6 Price changes. We may change our prices. We will tell you by email at least 30 days before a change takes effect on your membership. If you don't want to continue at the new price you can cancel before it applies.
12.7 One-off Poké Ball purchases. A one-off purchase of a Poké Ball package is a single charge at the price shown at checkout, taken at the time of purchase. It does not renew and is separate from any membership subscription.
13. Cancelling and refunds
13.1 You may cancel at any time using the billing controls available through your
account or by emailing hello@pokeplus.co. Cancellation takes effect at the end of
your current paid period.
13.2 You keep your membership benefits until the end of the period you have paid for, including entries into any draw that closes within that period.
13.3 No refund on cancellation. Membership is sold by the period. If you cancel part-way through a period you have paid for, we do not refund any part of it. This includes cancelling because you did not win a draw, because you changed your mind, or because you stopped using the Services.
13.4 Non-refundable items. The following are not refundable in any circumstances, except where the Australian Consumer Law requires otherwise:
(a) Poké Balls, whether credited with a membership or bought separately; (b) entries already placed in a draw that has closed; (c) any period of membership already served.
13.5 What we cannot refuse. Clauses 13.3 and 13.4 do not apply where there has been a major failure to comply with a consumer guarantee under the Australian Consumer Law, or where we have failed to supply what you paid for. In those cases the law gives you the choice of remedy and we will honour it.
13.6 Once your membership ends, unused Poké Balls remain in your account in accordance with clause 11.3. Your collection data also remains available if you keep your account open; closing your account is separate and is covered by our Privacy Policy.
14. Draws
14.1 Membership is a subscription to the pokeplus service. Where a draw is run, entry into that draw is a promotion attached to a paid Poké Ball, whether credited under an active paid membership or bought as a one-off package, and is governed by the Competition Terms published for that draw.
14.2 A purchase is always required to enter a draw. You can enter by holding an active paid membership tier, which credits Poké Balls to your account automatically, or by buying a one-off Poké Ball package. There is no free entry route and no way to enter a draw without paying.
14.3 Each draw has its own Competition Terms setting out the prize, promotion period, closing date, draw method and territory. Read them before entering.
14.4 Where you can enter from. Residents of South Australia are not eligible to enter or win, due to regulatory requirements under South Australian law. We cannot waive that exclusion. Membership and draw entry are otherwise open to people anywhere in the world, unless a particular draw excludes a further jurisdiction (see that draw's Competition Terms).
It is your responsibility, not ours, to satisfy yourself that entering a prize draw is lawful in the country, state or territory where you live. We make no representation that a draw complies with the law of any country outside Australia, we accept no responsibility or liability for your entering from a jurisdiction where it is not permitted, and we may void your entry or withhold a prize on that basis.
14.5 We may modify, suspend or cancel a draw where it cannot be run as planned, for example because of technical failure, tampering, fraud, or a legal or regulatory requirement. Where we do, we will tell entrants what has happened and how entries are being handled.
15. If you win
15.1 We will contact you using the details on your account. Keeping them current is your responsibility. If we cannot reach you within the period stated in that draw's Competition Terms, the prize may be redrawn under those terms.
15.2 We may ask you to verify your identity and age before releasing a prize.
15.3 Publicity. If you win, you agree we may publish your display name and the prize you won.
15.4 Optional further publicity. We would like to share photographs, video and your first name and location. We will ask you separately and you may decline. Declining does not affect your prize in any way.
PART C: Legal
16. Liability
16.1 Nothing in this clause limits your rights under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded.
16.2 Where we are liable for failing to comply with a consumer guarantee for services, our liability is limited, at our election, to resupplying the services or paying the cost of having them resupplied, except where it is not fair or reasonable for us to rely on that limitation.
16.3 Subject to 16.1 and 16.2, and to the extent permitted by law, our total liability arising out of these Terms is limited to the total fees you paid us in the 12 months before the claim arose. For a user who has never held a membership, it is limited to $100.
16.4 We are not liable for loss that was not reasonably foreseeable, or for loss caused by your own breach of these Terms.
16.5 We are not liable for the acts or omissions of third-party partners whose discounts or offers we make available.
17. Indemnity
17.1 You are responsible for loss we suffer caused by your fraud, your deliberate misuse of the Services, or your breach of clause 4.
18. Suspension and termination
18.1 We may suspend or close an account where we reasonably believe these Terms have been breached. Where we do, we will tell you why and give a reasonable opportunity to respond, unless doing so would prejudice an investigation or breach a legal obligation.
18.2 If we close your account for breach, entries already placed in a draw that has not yet closed may be cancelled, and we may withhold a prize pending investigation.
18.3 Where we close an account for breach, we will refund the unused portion of the current period unless the breach involved fraud or manipulation of a draw.
18.4 You may close your account at any time. Cancelling a paid membership is dealt with in clause 13.
19. Changes to these Terms
19.1 We may update these Terms. Where a change materially affects your rights we will tell you by email at least 14 days before it takes effect. If you don't accept it you may cancel before it applies and we will refund the unused portion of your current period.
19.2 Changes will not apply retrospectively to a draw that has already closed.
19.3 The current version is always at www.pokeplus.co/terms with the effective date
at the top. Previous versions are available on request.
20. General
20.1 Governing law. These Terms are governed by the laws of New South Wales, and you and we submit to the non-exclusive jurisdiction of its courts. This applies wherever you live and from whichever country you use the Services. The Services are open to members worldwide, but we make no representation that they, or any draw, comply with the law of any country outside Australia. If you use them from elsewhere you are responsible for compliance where you are (see clause 14.4). Nothing in this clause removes a right you have under a mandatory consumer protection law of the country where you live that cannot be excluded by agreement.
20.2 Severability. An invalid or unenforceable provision is severed; the rest continues.
20.3 Waiver. Delay in enforcing a right does not waive it.
20.4 Force majeure. Neither party is liable for failure to perform caused by something genuinely beyond its reasonable control, for as long as that continues.
20.5 Assignment. We may assign these Terms to a buyer or successor of the business and will tell you if we do.
20.6 Entire agreement. These Terms, the Privacy Policy, and the applicable Competition Terms are the whole agreement between us.
20.7 Survival. Clauses 5, 6, 16, 17 and 20 survive termination.
21. Contact and complaints
hello@pokeplus.co |
|
| Entity | POKEPLUSCO PTY LTD (ABN 79 701 573 579) |
| Location | Sydney, New South Wales, Australia |
We respond within 5 business days. If you are not satisfied with our response you can contact NSW Fair Trading or the Australian Competition and Consumer Commission.