TERMS OF SERVICE
Last Modified: 10 October 2016
1. Your Acceptance
Welcome to the Terms of Service for the PlayBiz website and any associated services. This is an agreement (“Agreement”) between, PlayBiz, the owner and operator of PlayBiz, any PlayBiz (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.
Throughout this Agreement, the words “PlayBiz”, “us”, “we”, and “our”, refer to our company, PlayBiz and our Site or any Services, as is appropriate in the context of the use of the words.
Users must be 18 years or older to purchase any of our products or Services.
2. Seeking Professional Advice
All content created by PlayBiz is for informational and educational purposes only. Any statements listed on our Site or Service have not been evaluated by any other national or international agencies.
None of the content or products offered on the PlayBiz Site are meant to diagnose, treat, alleviate or relieve any medical or developmental conditions.
The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other allied healthcare professional. You should always speak with your physician or other allied healthcare professional if you are concerned. Never disregard, avoid, or delay obtaining medical or allied health advice from your doctor or other qualified health care provider because of something you have read on our Site.
3. Developmental Information
Developmental information provided on the PlayBiz website is based on research (literature) and clinical experience. Before relying on any developmental information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and developmental particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
5. User Accounts
PlayBiz may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms.
PlayBiz has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify PlayBiz of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
In order to purchase any PlayBiz products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal. By ordering a PlayBiz product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at firstname.lastname@example.org
The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.
All prices are in Australian dollars (AUD) unless otherwise stated and inclusive of GST.
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in this Agreement or the website as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
Only in extenuating circumstances will PlayBiz memberships be considered for cancellation and refund. Cancellation of memberships is at the sole discretion of PlayBiz.
If you are unable or unwilling to undertake the program after its commencement, we are unable to defer the start of your program.
9. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at email@example.com
After processing your payment, you will be granted access to the exclusive members only sections of PlayBiz on the PlayBiz Site, which lasts for a period of three (3) months. You may opt to extend this period by renewing your membership for an additional fee.
11. Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
12. Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
13. Use of PlayBiz
When using our Service, you are responsible for your use of PlayBiz, and for any use of PlayBiz made using your device. You also agree that your use of PlayBiz is for personal non-commercial use. You agree not to access, copy, or otherwise use PlayBiz, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by PlayBiz.
You agree not to use PlayBiz to:
· Copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
· Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
· Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
· Collect or harvest any personally identifiable information, including account names, from the Service;
· Stalk, harass, bully or harm another individual who uses our Site or Service;
· Upload, post, transmit or otherwise make available any material that:
Is not your original work, or which may infringe the intellectual property or other rights of another person;
Includes an image or personal information of another person unless you have their consent;
You know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
Contains large amounts of untargeted, unwanted or repetitive content; or
Contains financial, legal, medical or other professional advice;
· Impersonate any person or entity or misrepresent your affiliation with a person or entity;
· Hold PlayBiz responsible for your use of our Site;
· Violate any requirements, procedures, policies or regulations of networks connected to PlayBiz;
· Interfere with or disrupt the Site or Service;
· Hack, spam or phish us or other users;
· Provide untruthful and inaccurate content;
· Violate any law or regulation and you are responsible for such violations;
· Use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
· Cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and
· Upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you believe that a user has breached any of the above conditions, please contact us at firstname.lastname@example.org
We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, “Affiliates”) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
14. Site Availability
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.
15. Intellectual Property Rights and License Grant for your Content
The design of the PlayBiz Service along with PlayBiz created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PlayBiz Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.
PlayBiz reserves all rights to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
16. Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
The website may contain links to or display the content of third parties (“Third Party Content”), including links to websites operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Neither PlayBiz nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this website. Although we in good faith believe that the information provided will help in your child’s development, using our products or information may not give you the results you desire or may cause negative health consequences. The information, materials and services provided on or through this web site may be out of date, and neither PlayBiz nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (“Consumer Act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
18. Limitations and Liability
Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, PlayBiz does not assume any responsibility or liability for any damages to you. In no event will PlayBiz, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
For the purposes of this clause: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
With the exception of Consumer Guarantees, we exclude:
· Any term, condition or warranty that may otherwise be implied by custom, law or statute;
· Any liability for loss caused by our negligence; and
· Any liability for Consequential Loss.
To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
· In the case of goods, to the:
Replacement of the goods or the supply of equivalent goods;
Repair of the goods;
Payment of the cost of replacing the goods or of acquiring equivalent goods; or
Payment of the cost of having the goods repaired.
· In the case of services, to the:
Supplying of the services again; or
Payment of the cost of having the services supplied again.
In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless PlayBiz Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
· Your use of and access to the PlayBiz Site and Service;
· Your violation of any term of these Terms of Service;
· Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
· Any claim that any of your content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the PlayBiz Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
20. Privacy and Child Protection
21. Choice of Law
This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
22. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
23. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, PlayBiz shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and PlayBiz.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
26. Termination of Your Service
If we determine that any of your actions may harm PlayBiz, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time and are not obligated to notify you when we do so. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
29. Electronic Communications
The communications between you and PlayBiz use electronic means, whether you visit the Site or Service or send PlayBiz emails, or whether PlayBiz posts notices on the Site or Service or communications with you via email. For contractual purposes, you (a) consent to receive communications from PlayBiz in an electronic form; (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that PlayBiz provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
We may assign this Agreement at any time. We may subcontract any of our obligations under this Agreement to any person.