Mindoro Terms of Service
Beta Edition | Version 1.0
Effective date: 13 October 2026
Operated by Pointwest Australia Pty Ltd | ACN 168 372 601
This consolidated draft reflects the wording agreed during the October 2026 review. It is not a substitute for legal review before publication.
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of Mindoro ("Mindoro" or the "Platform"), operated by Pointwest Australia Pty Ltd (ACN 168 372 601), an Australian company.
By registering for, accessing or using Mindoro, you agree to be bound by these Terms and acknowledge Mindoro's Privacy Policy.
If you do not agree to these Terms, you must not access or use the Platform.
Where Mindoro requires explicit acceptance during account registration or activation, your acceptance may be recorded together with the applicable version of these Terms and the date of acceptance.
These Terms apply to participants in Mindoro's Beta Programme and, unless replaced or supplemented, to other users of the Platform.
2. Description and Purpose of the Platform
Mindoro is a Behaviour and Execution Intelligence platform designed to support discretionary traders in understanding and improving their trading behaviour, execution discipline and performance consistency.
Depending on the features available, the Platform may provide:
· Trade journaling and historical trading analysis.
· Behavioural pattern detection and performance assessments.
· Execution quality metrics and trading discipline analysis.
· Trading profile configuration and calibration.
· Behavioural and Execution Backtesting.
· AI-generated educational insights and coaching.
· Human Coach Layer functionality.
· Market information and related analytical tools.
Mindoro's capabilities may evolve as the Platform is developed and refined.
Not all features may be available to every user or throughout the Beta Programme.
The nature and limitations of Mindoro's analytical and coaching capabilities are further described in these Terms.
3. Nature of the Service — No Financial or Investment Advice
Mindoro is a Behaviour and Execution Intelligence platform designed to help traders understand, evaluate and improve their trading behaviour, execution discipline and performance.
The Platform provides analytical tools, historical assessments, behavioural observations, performance metrics and educational coaching insights derived from trading records, user-configured profiles and other available information.
Mindoro does not operate as a broker, execute trades on behalf of users or provide recommendations to buy, sell or hold specific financial products.
The Platform is not intended to provide financial product advice, investment recommendations or personalised assessments of the suitability of financial products for a user's financial circumstances.
Insights generated by Mindoro, including AI-generated coaching observations, behavioural pattern classifications, execution assessments, risk indicators and historical simulations, are intended to support education, self-assessment and informed reflection. They should not be interpreted as instructions or recommendations to undertake particular trading transactions.
Users should seek advice from an appropriately licensed financial adviser where required.
Nothing in these Terms excludes any obligations imposed on Pointwest Australia Pty Ltd by applicable financial-services laws.
4. Trading Decisions and Financial Risk
Trading financial markets involves financial risk. This includes the possibility of substantial losses, particularly when trading leveraged products.
Mindoro may be used by traders operating live accounts involving real funds. However, the Platform does not control market conditions, broker execution, trading positions or the decisions made by individual traders.
Each user retains responsibility for:
· Determining whether to enter, modify or exit a trade.
· Selecting financial products, trading strategies and position sizes.
· Establishing and observing appropriate risk-management limits.
· Evaluating Mindoro's analytical findings against their own trading knowledge, circumstances and objectives.
· Independently verifying material trading information against broker records and other appropriate sources.
Mindoro does not guarantee that following its analytical observations, behavioural insights or coaching suggestions will improve trading performance, reduce losses or produce profitable results.
Historical analyses, execution assessments and simulated outcomes are based on available information and defined methodologies. They do not guarantee future trading results.
To the extent permitted by applicable law, Pointwest Australia Pty Ltd is not responsible for financial losses arising from trading decisions independently made by users, including decisions informed by Mindoro's analytical outputs.
Nothing in this section excludes, restricts or modifies rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified.
5. Beta Programme
5.1 Complimentary Participation
Mindoro may provide selected users with complimentary access to the Platform through its Beta Programme.
Participation in the Beta Programme is free of charge. No credit card or payment information is required to activate a Beta account.
Approved participants may access the Platform without completing a paid subscription or payment process.
5.2 Participation and Approval
Participation in the Beta Programme is subject to approval by Pointwest Australia Pty Ltd.
We reserve the right to approve, decline or limit participation, acting reasonably and in accordance with applicable law.
Approval to participate does not guarantee access to every feature or functionality available on the Platform.
5.3 Beta Release and Continuous Improvement
Mindoro is being made available to selected participants as part of a controlled Beta Programme.
The Platform has been developed to provide trading behaviour, execution intelligence and performance analysis capabilities. The purpose of the Beta Programme is to validate these capabilities under real-world conditions, gather participant feedback and identify opportunities for refinement before wider commercial release.
During the Beta Programme, certain features may be enhanced, adjusted or temporarily unavailable as part of ongoing development and quality improvement.
Although we take reasonable steps to maintain the reliability and accuracy of the Platform, software defects, data-processing discrepancies, analytical limitations or service interruptions may occur.
Participants are encouraged to report issues and provide feedback to help improve the Platform.
Mindoro is intended to support informed trading self-assessment and continuous improvement. Participants remain responsible for independently verifying information relevant to their trading decisions.
5.4 Usage Limits and Resource Management
To maintain service quality, manage operating costs and ensure fair access, Mindoro may establish or adjust reasonable usage limits during the Beta Programme.
These limits may apply to AI-generated coaching, large language model processing, trade data imports, historical analysis, broker synchronisation and other resource-intensive functionality.
Where practicable, we will communicate material changes to usage limits that affect normal participation.
5.5 Access Restrictions, Suspension and Termination
Pointwest Australia Pty Ltd reserves the right to restrict, suspend or terminate a participant's Beta access where reasonably necessary, including for:
· Breach of these Terms.
· Suspected misuse, fraudulent activity or unauthorised access.
· Security, privacy or platform integrity concerns.
· Excessive resource consumption or usage inconsistent with reasonable Beta limits.
· Technical, financial or operational constraints.
· Changes to the scope, size or duration of the Beta Programme.
We may also discontinue an individual's participation or conclude the Beta Programme as part of managing the testing programme.
Where practicable, we will provide reasonable notice of material access restrictions or termination. Immediate action may be taken where necessary to address security, misuse or other significant risks.
5.6 Duration and Availability of Beta Access
Beta participation does not guarantee access for a particular period or to any particular feature.
Mindoro may modify, extend or conclude the Beta Programme as part of its development and commercial release planning.
5.7 Transition to Paid Services
Participation in the Beta Programme does not automatically create a paid subscription.
Any future paid service will be subject to separately disclosed pricing and applicable subscription terms.
Beta participants will not be charged or automatically enrolled in a paid subscription without their express agreement.
6. Account Registration and Security
Users must provide accurate information when registering for Mindoro and must keep relevant account details reasonably up to date.
Each user is responsible for maintaining the confidentiality of their account credentials and for taking reasonable steps to prevent unauthorised access.
Users must not knowingly share account credentials with unauthorised persons or permit others to misuse their accounts.
If you become aware of suspected unauthorised access or a security incident affecting your account, you should notify Mindoro promptly.
Mindoro may implement reasonable account verification, authentication and security controls to protect users and the Platform.
We may restrict access where reasonably necessary to investigate or address suspected account compromise, fraud, misuse or security risks.
Nothing in this section excludes Mindoro's own responsibilities to maintain appropriate security measures under applicable law.
7. Trading Data and Broker Integrations
Mindoro may allow users to upload trading records or connect supported brokerage and trading accounts to import trading history and related information.
By uploading records or authorising a broker connection, you confirm that you have the necessary rights or permissions to provide the information and authorise its processing through Mindoro.
Mindoro uses imported information to provide journaling, behavioural analysis, execution intelligence, performance assessments and other available Platform functionality.
Mindoro does not execute trades, place orders, modify trading positions or manage brokerage accounts on behalf of users.
Broker integrations and imported trading records may be affected by:
· Delays or interruptions in third-party connectivity.
· Incomplete, inconsistent or inaccurate source records.
· Differences in broker reporting formats and data conventions.
· Changes to broker systems, interfaces or access permissions.
· Limitations in historical data availability.
Mindoro takes reasonable steps to process supported trading information accurately but does not guarantee that imported records will always be complete, current or free from discrepancies.
Users should verify material trading information against their original broker records.
Access to third-party broker services remains subject to the applicable broker's own terms and conditions.
8. Behavioural Pattern Detection and Profile Calibration
Mindoro analyses trading records, user-configured trading profiles, trading rules and other available information to identify behavioural patterns, execution characteristics and potential areas for improvement.
These assessments are generated using defined analytical methodologies, configured thresholds and available trading evidence.
Behavioural findings are intended to support trading self-awareness, performance review and continuous improvement. They do not constitute psychological or medical diagnoses, nor do they establish a trader's intentions, emotions or motivations as matters of fact.
You acknowledge that:
· Behavioural classifications are evidence-based analytical assessments and may not always reflect the full circumstances surrounding a trading decision.
· Findings may be affected by incomplete trading records, data quality, analytical assumptions or configured detection thresholds.
· Pattern detection may produce false positives, false negatives or findings requiring additional context.
· Different trading styles, strategies and risk preferences may require different profile settings and calibration.
Mindoro provides profile configuration and calibration capabilities that allow users to adjust certain trading rules, risk parameters and behavioural detection thresholds.
Default settings are intended to provide a starting point for analysis and may not be appropriate for every trader.
Changes to profile settings or calibration may affect the interpretation and classification of trading activity.
Users remain responsible for assessing the suitability of their configured trading rules and interpreting analytical findings in the context of their own trading practices.
9. Execution Analysis and Behavioural Backtesting
Mindoro provides analytical capabilities designed to assess how trading decisions and execution practices may influence trading performance.
These capabilities may include entry efficiency, stop discipline, capture efficiency, execution quality assessments, plan adherence and other measures derived from available trading records.
Mindoro may also provide Behavioural and Execution Backtesting, allowing users to examine historical trading activity against selected trading rules, profile settings and analytical assumptions.
Backtesting results are historical simulations based on defined assumptions and available evidence. They are intended to illustrate potential differences in trading behaviour, execution discipline and historical outcomes under specified conditions.
You acknowledge that:
· Historical simulations do not reproduce every factor that may have influenced actual trading decisions or market outcomes.
· Results may depend on the completeness and accuracy of imported trading records, available market data, profile settings and simulation methodology.
· Estimated avoided losses, missed opportunities or alternative historical outcomes are analytical estimates rather than realised financial results.
· Simulated improvements do not guarantee that equivalent improvements could be achieved in live trading.
· Past performance, historical comparisons and backtesting results do not guarantee future performance.
Mindoro may disclose relevant assumptions, data limitations and analytical coverage to help users interpret results appropriately.
Users should consider these limitations when reviewing execution assessments and historical simulations.
Nothing in this section represents a guarantee of improved trading performance, reduced losses or future profitability.
10. AI-Generated Insights and Coaching
Mindoro uses artificial intelligence and large language models to provide personalised educational insights, behavioural observations, execution analysis and coaching guidance based on users' trading records, configured profiles and other available information.
AI-generated coaching is intended to help traders better understand their trading behaviour, evaluate execution decisions, identify potential areas for improvement and develop greater consistency in their trading practices.
Mindoro's AI coaching capabilities are designed to complement the Platform's analytical evidence and methodologies rather than replace a trader's independent judgement.
10.1 Nature and Limitations of AI-Generated Content
AI-generated insights and coaching observations are based on the information available to the Platform at the time of analysis.
Although Mindoro aims to provide relevant, evidence-based and useful coaching, AI-generated interpretations may not always reflect the full context of a trader's decisions.
You acknowledge that:
· AI-generated content may contain inaccuracies, omissions or interpretations that require further consideration.
· Coaching observations may be influenced by incomplete trading records, configured profiles, analytical assumptions or limitations in the underlying data.
· AI-generated explanations may not always accurately represent the circumstances, intentions or motivations associated with a particular trade.
· AI-generated content should be considered alongside the underlying trading evidence and your own knowledge and experience.
10.2 Educational and Non-Advisory Purpose
AI-generated coaching is provided for educational, analytical and trading self-improvement purposes.
It does not constitute financial product advice, investment recommendations or instructions to enter, modify or exit particular trades.
Users remain responsible for evaluating coaching observations and making their own trading and risk-management decisions.
10.3 Availability and Usage Limits
AI-enabled functionality may be subject to usage limits, processing allowances or temporary restrictions, particularly during the Beta Programme.
Mindoro may adjust these limits to manage operating costs, maintain service performance, ensure fair access or address technical and security considerations.
10.4 Third-Party AI Processing
Mindoro may use third-party artificial intelligence and technology service providers to process information and generate coaching insights.
Information submitted to AI-enabled features may be processed by these providers as necessary to deliver the requested functionality.
The collection, use, disclosure and handling of personal information associated with AI processing are governed by Mindoro's Privacy Policy and applicable law.
10.5 No Guarantee of Trading Outcomes
Mindoro does not guarantee that following AI-generated coaching observations will improve trading performance, prevent behavioural errors, reduce financial losses or produce profitable trading results.
AI coaching is intended to support informed reflection and continuous improvement, not to predict or guarantee trading outcomes.
11. Human Coach Layer
Mindoro provides a Human Coach Layer designed to support collaboration between traders and human coaches through structured, evidence-based performance review.
Depending on the functionality available, the Human Coach Layer may enable authorised coaches to review trading behaviour, execution performance, analytical findings, coaching sessions, agreed improvement actions and progress over time.
11.1 Coach Access and Authorisation
A trader may authorise a coach to access selected trading information and coaching functionality through the Platform.
Access is subject to the permissions, account controls and functionality made available by Mindoro.
Traders are responsible for selecting coaches they trust and for considering the information they choose to make accessible.
Coaches must use information obtained through Mindoro only for authorised coaching purposes and in accordance with applicable law.
11.2 Independent Coaching Services
Unless expressly agreed otherwise in writing, human coaches using Mindoro operate independently of Pointwest Australia Pty Ltd.
Mindoro provides the technology and analytical infrastructure supporting the coaching relationship but does not automatically employ, supervise, endorse or certify independent coaches.
Any separate coaching arrangement, including fees, professional obligations or services provided outside Mindoro, is a matter between the trader and the coach.
11.3 Coaching Observations and Recommendations
Human coaching observations may draw upon Mindoro's analytical findings, trading records, behavioural assessments and execution metrics.
Such observations represent the coach's professional judgement and may differ from the Platform's automated findings.
Mindoro does not guarantee the accuracy, appropriateness or effectiveness of advice or observations independently provided by human coaches.
Coaches and traders remain responsible for ensuring that their activities comply with applicable laws, including financial-services licensing requirements where relevant.
11.4 Coaching Records and Confidentiality
Coaching sessions, agreed actions, progress reviews and related records may be stored within the Platform to support continuity and evaluation of the coaching process.
Coaches must respect the confidentiality of trading information accessed through Mindoro and must not disclose or use that information for unauthorised purposes.
Mindoro will handle personal information associated with coaching functionality in accordance with its Privacy Policy and applicable law.
Nothing in this section excludes responsibilities or liabilities that cannot lawfully be excluded.
12. Ownership and Use of Trading Data
12.1 Ownership of User Data
You retain ownership of, or your existing rights in, trading records, journal entries, trading plans, notes and other information that you lawfully provide to Mindoro.
Uploading information or connecting a trading account does not transfer ownership of that information to Pointwest Australia Pty Ltd.
12.2 Permission to Process Data
You grant Pointwest Australia Pty Ltd a limited, non-exclusive licence to store, process, reproduce and analyse information you provide, solely to the extent reasonably necessary to:
· Operate and deliver Mindoro's services.
· Generate requested behavioural, execution and performance analytics.
· Provide AI-generated educational insights and coaching functionality.
· Support authorised Human Coach Layer activities.
· Maintain security, reliability and technical operations.
· Investigate errors and provide customer support.
· Meet applicable legal obligations.
This permission applies only for legitimate Platform-related purposes and does not transfer ownership of your information.
12.3 Confidentiality and Disclosure
Mindoro will not publicly disclose identifiable trading records, account information or private coaching records without appropriate authorisation, except where disclosure is permitted or required by applicable law.
We will not use identifiable trading records or coaching information in promotional materials, case studies or public demonstrations without appropriate permission.
Personal information will be handled in accordance with Mindoro's Privacy Policy.
12.4 Use of Aggregated and De-identified Information
Mindoro may use aggregated or appropriately de-identified information derived from Platform usage to evaluate service performance, improve analytical methodologies, identify technical issues and support product development.
Such use must be consistent with applicable law and the Privacy Policy.
We will take reasonable steps to prevent individuals or their trading accounts from being identified through information used for these purposes.
12.5 Account Closure and Data Handling
Following account closure, suspension or termination, trading information and associated records will be handled in accordance with the Privacy Policy, applicable retention requirements and relevant legal obligations.
Users are encouraged to retain independent copies of their original trading records.
Requests relating to access, correction or deletion of personal information may be submitted through the contact details provided in these Terms.
13. Privacy and Confidentiality
Mindoro collects, uses, stores and discloses personal information in accordance with its Privacy Policy and applicable privacy laws.
The Privacy Policy explains how personal information is handled, including information associated with trading accounts, Platform usage, AI-enabled functionality and authorised coaching relationships.
Mindoro recognises that trading records, account information and coaching discussions may contain commercially or personally sensitive information.
We will take reasonable measures to protect such information against unauthorised access, use or disclosure.
Information may be disclosed to authorised service providers or other recipients where reasonably necessary to operate the Platform, where authorised by the user, or where permitted or required by law.
Users and coaches who gain access to another person's confidential information through Mindoro must not use or disclose that information outside the scope of their authorisation.
For further information, please refer to the Mindoro Privacy Policy at:
https://mindoro.com.au/privacy-policy
14. Feedback and Beta Participation
Mindoro welcomes feedback from Beta participants concerning Platform functionality, usability, analytical findings, coaching capabilities and opportunities for improvement.
Participation in the Beta Programme may include voluntary reporting of defects, data discrepancies, usability concerns or suggested enhancements.
By submitting feedback, you grant Pointwest Australia Pty Ltd permission to use, evaluate and incorporate that feedback into the development, improvement and operation of Mindoro without an obligation to provide compensation.
This permission does not transfer ownership of your original trading records, journal entries or other user-provided trading information.
Beta participation does not create an employment, consulting, partnership or agency relationship between the participant and Pointwest Australia Pty Ltd.
Unless expressly agreed otherwise, participants are not required to undertake specified testing activities or provide a minimum amount of feedback.
15. Intellectual Property
Mindoro, including its software, interfaces, branding, analytical methodologies, documentation, original content and related intellectual property, is owned by or licensed to Pointwest Australia Pty Ltd.
Subject to these Terms, users receive a limited, non-exclusive, non-transferable right to access and use the Platform for its intended purposes during their authorised period of access.
Users must not, except where permitted by law or expressly authorised:
· Copy, reproduce or commercially redistribute Mindoro's software or proprietary content.
· Reverse engineer, decompile or attempt to obtain the Platform's source code.
· Circumvent security measures or access restrictions.
· Misrepresent ownership of Mindoro's intellectual property.
· Use the Platform to develop or distribute unauthorised copies of its proprietary functionality.
These restrictions do not prevent users from retaining or using their own trading records and other information to which they hold rights.
Ownership and permitted processing of user-provided information are addressed separately in Section 12.
16. Acceptable Use
Users must use Mindoro lawfully, responsibly and in accordance with these Terms.
Users must not:
· Attempt to gain unauthorised access to accounts, systems or data.
· Interfere with the Platform's security, availability or normal operation.
· Introduce malicious software or harmful code.
· Use automated processes to impose unreasonable loads on the Platform or circumvent usage restrictions.
· Upload information they are not authorised to provide.
· Use the Platform to facilitate fraud, unlawful conduct or infringement of another person's rights.
· Access or disclose another user's confidential trading information without authorisation.
Mindoro may investigate suspected misuse and take proportionate action, including restricting or suspending access, in accordance with Section 5 or Section 20.
17. Third-Party Services
Mindoro may rely on third-party technology and service providers to support Platform functionality.
These may include cloud infrastructure, brokerage connectivity, market data services, artificial intelligence processing, authentication and other operational services.
Third-party services may be subject to separate terms, technical limitations, availability conditions and changes outside Mindoro's direct control.
Mindoro may modify or replace third-party providers where reasonably necessary to maintain or improve the Platform.
We will take reasonable steps to manage third-party dependencies but cannot guarantee uninterrupted availability of services outside our control.
Nothing in this section excludes any responsibility that Pointwest Australia Pty Ltd has under applicable law for services it provides through third-party arrangements.
18. Service Availability and Limitations
Mindoro takes reasonable steps to maintain the availability, security and reliability of the Platform.
However, access may occasionally be interrupted or affected by scheduled maintenance, software updates, technical faults, third-party service disruptions or circumstances outside our reasonable control.
During the Beta Programme, functionality may be introduced, refined, restricted or temporarily withdrawn as part of ongoing development and quality improvement.
Mindoro does not guarantee uninterrupted access or that every feature will remain available at all times.
Where practicable, we will provide reasonable notice of planned interruptions or material changes affecting normal use.
Nothing in this section excludes rights or remedies that cannot lawfully be excluded.
19. Limitation of Liability
19.1 Nature of the Platform
Mindoro provides trading behaviour, execution intelligence, performance analysis and educational coaching capabilities intended to support informed self-assessment and continuous improvement.
The Platform does not execute trades, control trading accounts or make trading decisions on behalf of users.
Users remain responsible for their trading activities and decisions, as described in Sections 3 and 4 of these Terms.
19.2 Accuracy and Analytical Limitations
Mindoro takes reasonable steps to develop, maintain and improve the reliability of its services.
However, analytical outputs may be affected by incomplete or inaccurate trading records, broker data discrepancies, market data limitations, configured profile settings, methodological assumptions, software defects or AI-generated interpretation errors.
To the extent permitted by applicable law, Mindoro does not guarantee that all analytical findings, behavioural classifications, coaching observations or historical simulations will be accurate, complete or suitable for every user's circumstances.
19.3 Trading Losses and Consequential Loss
To the extent permitted by applicable law, Pointwest Australia Pty Ltd is not liable for trading losses arising from decisions independently made by users, including decisions informed by Mindoro's analytical findings, coaching observations or historical simulations.
To the extent permitted by applicable law, Pointwest Australia Pty Ltd is also not liable for indirect or consequential losses, including lost profits, lost trading opportunities or business interruption, arising from use of or inability to use the Platform.
These limitations do not apply where liability cannot lawfully be excluded.
19.4 Beta Programme Liability
During the complimentary Beta Programme, Mindoro is provided as an early-access service undergoing continued validation and improvement.
Participants acknowledge that features, analytical methodologies and service availability may change during the Beta Programme.
To the extent permitted by applicable law, Pointwest Australia Pty Ltd does not guarantee uninterrupted access to the Platform or the availability of any particular functionality throughout the Beta Programme.
The complimentary nature of Beta participation does not exclude or diminish any rights or remedies that users are entitled to under applicable law.
19.5 Limitation of Liability Where Permitted
To the extent permitted by applicable law, where Pointwest Australia Pty Ltd is legally entitled to limit its liability for a failure to comply with a guarantee relating to the supply of services, that liability may be limited, at our option, to:
· Supplying the relevant services again; or
· Paying the reasonable cost of having the relevant services supplied again.
This limitation applies only where such a limitation is fair and reasonable and is otherwise permitted by applicable law.
19.6 Rights That Cannot Be Excluded
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified.
In particular, nothing in these Terms is intended to exclude rights available under the Australian Consumer Law or obligations imposed by applicable financial-services, privacy or other laws.
20. Account Suspension, Closure and Data Requests
20.1 Suspension and Termination
Mindoro may restrict, suspend or terminate access in the circumstances described in these Terms, including Section 5.
Any such action will be taken reasonably and in accordance with applicable law.
20.2 Voluntary Account Closure
Users may request closure of their Mindoro account by contacting us using the details in Section 25.
We will process account closure requests within a reasonable period, subject to necessary verification, applicable legal obligations and legitimate operational requirements.
20.3 Handling of Information Following Closure
Following account closure or termination, personal information and trading records will be handled in accordance with Mindoro's Privacy Policy and applicable law.
Some information may need to be retained for legal, security, audit or other legitimate purposes.
Account closure does not necessarily result in immediate deletion of all associated information.
20.4 Data Access and Correction Requests
Users may request access to or correction of their personal information, or request deletion where applicable, by contacting Mindoro.
Requests will be assessed and handled in accordance with the Privacy Policy and applicable legal requirements.
21. Changes to the Platform and Terms
Mindoro may update the Platform and these Terms to reflect changes in functionality, operating practices, legal requirements or commercial arrangements.
Where changes to these Terms materially affect users' rights or obligations, we will provide reasonable notice through the Platform, by email or through another appropriate communication channel.
Where required by applicable law, we will obtain users' agreement to revised Terms.
The updated Terms will identify their effective date.
If a user does not agree to revised Terms, they may discontinue use of the Platform and request account closure.
Changes will not operate retrospectively to remove rights or remedies that have already arisen under applicable law.
22. International Access
Mindoro is operated by Pointwest Australia Pty Ltd in Australia and may be accessible to users in other countries.
Users accessing the Platform from outside Australia are responsible for complying with laws applicable to their own use of the service.
Availability of Mindoro in a particular country does not represent a statement that the Platform is authorised, licensed or suitable for every regulatory jurisdiction.
Mindoro may restrict access in jurisdictions where providing the service would create legal, regulatory or operational concerns.
Personal information may be processed or stored outside Australia as described in the Privacy Policy.
23. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts, subject to applicable laws concerning jurisdiction and consumer rights.
If a dispute arises concerning the Platform or these Terms, users are encouraged to contact Mindoro first so that we can seek to resolve the matter promptly and reasonably.
Nothing in this section prevents a user from exercising statutory rights or accessing remedies that cannot lawfully be restricted.
24. General Provisions
24.1 Entire Agreement
These Terms, together with any additional terms expressly accepted by the user for a particular service, constitute the agreement governing use of Mindoro.
The Privacy Policy separately explains how personal information is handled.
24.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
24.3 No Waiver
A failure or delay by Pointwest Australia Pty Ltd to exercise a right under these Terms does not automatically constitute a waiver of that right.
24.4 Assignment
Users must not transfer their account or rights under these Terms to another person without Mindoro's prior written consent, which will not be unreasonably withheld.
Pointwest Australia Pty Ltd may transfer its rights and obligations in connection with a legitimate business restructuring, sale or transfer of the Platform, subject to applicable law and the protection of users' rights.
24.5 Relationship Between the Parties
Use of Mindoro does not create an employment, partnership, joint venture or agency relationship between users and Pointwest Australia Pty Ltd.
25. Contact Information
Mindoro is operated by:
Pointwest Australia Pty Ltd
ACN: 168 372 601
ABN: 38 168 372 601
New South Wales, Australia
Email: efren@mindoro.com.au
Website: https://mindoro.com.au
Privacy Policy: https://mindoro.com.au/privacy-policy
Questions about these Terms, account access, privacy or other Platform matters may be directed to the email address above.