PlayAware (the “Website”, “Portal”, “We”, “Us”, “Our”), welcomes you to www.PlayAware.com.au (the “Website”).
The following Terms govern your use of www.PlayAware.com.au and the products, services, features, apps, technologies and software we offer (the “Services”), unless where we expressly state that separate terms (other than these Terms) apply.
It is of great importance to PlayAware that you and other visitors have the best possible experience while using the Website. It is equally important that you understand your legal rights and obligations by using the Website.
2.1. The “Website” – The website of PlayAware, its functionality, features, design, technology, domain(s) www.PlayAware.com.au.
2.3. “Affiliates” and “Third Parties” – Partners and affiliated legal entities across the world, that may provide PlayAware with software, software platforms and/or technology or services that contribute to PlayAware providing you or any user with access to the Website and Services.
2.4. The “Content” – Data, Information, Text files, Audio, Music files, Software(s), or other Sounds, Images, Photographs, Videos or similar – that are uploaded to the Website.
2.5. “Services” – Web Pages, Features, Software and Products and/or Services provided on the website or otherwise.
2.6. “Essential Communications” – Any form of communications that enables or facilitates the execution of a contract that you have entered into or are in the process of entering into with PlayAware. This includes any messages sent by you to PlayAware, Bookings, Orders, Requests and Purchases.
2.7. “Non-Essential Communications” – Any form of promotional or marketing communications, offers, updates, blog posts, newsletters and product/service suggestions sent to you by PlayAware.
3. Accepting the Terms
3.1. The Terms apply to all users of the Website, whether you are a “Visitor”, “User” or a “Registered Member”.
3.2. By accessing the Website (or any part of the Website), or Signing up for Membership, or clicking on the agree checkbox, where this function is availed to you, you accept this Agreement.
3.3. If you do not want to accept this agreement or these Terms, you MUST LEAVE THE WEBSITE.
3.4. If you breach any part of the Terms, PlayAware reserves the right to revoke your license to access the Website, block your access, and cancel your account.
3.5. You may not use this Website, its services and or features if:
3.5.2. You are not of legal age to enter into this agreement with PlayAware
3.5.3. You are a person who is barred from using the Services under the laws of the United States of America, Canada, India, Australia, United Kingdom, European Union, or any other country/territory including the country/territory of which you are a resident or citizen or from which you attempt to use the services.
4. Changes to the Terms
4.1. PlayAware may change or update the Terms at any time by updating this page. At the bottom of this page, you will find the date (“last updated date”) when PlayAware last updated the Terms. Any changes that are made will be effective on the last updated date stated at the bottom of this page.
4.2. PlayAware will try to notify you via email when changes are made to the Terms, if it can do so in a reasonable manner.
4.3. It is strongly advised that you visit this page from time to time to ensure that your use of the Website abides by the most current version of the Terms.
4.4. PlayAware will consider your continued use or access of the Website after it posts any changes as your acceptance of the most current version of the Terms. This applies even if you have not read the Terms.
4.5. If you do not accept the changes to the Terms, you MUST STOP YOUR USE OF THE WEBSITE, CANCEL YOUR MEMBERSHIP (if applicable) AND LEAVE THE WEBSITE.
5. Language of Terms
5.1. The Terms may be available in languages other than English. In the event that other language versions of the Terms conflict with one another and/or with the English Terms, then the English Terms stand final and Binding.
6. Your Privacy
6.2. You accept and agree to the use of your data in accordance with PlayAware’s privacy policies.
7. Provision of Service
7.1. PlayAware has partners and affiliated legal entities worldwide (the “Affiliates”). In some instances, some of these companies may be providing you with the Services on behalf of PlayAware. You agree with and accept that the Affiliates will be entitled to provide the services to you.
7.2. In an effort to provide its users with a unique, user-friendly and useful experience and to adopt the latest technologies, PlayAware is constantly innovating. You agree with and accept that the nature of the services, the appearance and mechanics of the Website provided by PlayAware may change periodically without prior Notification to you.
7.3. With reference to the aforementioned Section 7.2, you agree with and accept that PlayAware may at its sole discretion stop (temporarily or permanently) providing the Services or any feature to you or the users in general, without any prior notification to you. You may stop using the services provided by PlayAware at any time. You do not need to specifically inform PlayAware at the time of discontinuing the use of the Services; however, it is highly recommended that you delete your account at the time of discontinuing your membership (if applicable).
7.4. On the instance that PlayAware may disable access to your account, you may be prevented from accessing the Services and or any its features, your account details or any files or other content that is uploaded to your account. You agree with and accept this Section 7.4.
7.5. PlayAware presently may not have established a fixed upper limit for the total amount of data you may send or receive, update to or download from your account or on the amount of storage space used for the provision of any Service. You agree with and accept that PlayAware reserves all rights to set such fixed upper limits at any time at the sole discretion of PlayAware.
8. Your Use of the Service(s)
8.1. You agree to and accept that you will use the Website and Services provided by PlayAware and its Affiliates only for purposes that are permitted by:
8.1.1. The Terms
8.1.2. Any applicable law, regulation, generally accepted principles and/or guidelines in the relevant jurisdictions (including laws associated with the export of data or software to and from the United States of America, Canada, India, Australia, United Kingdom, European Union, or any other country/territory).
8.2. You agree that all information you provide to PlayAware and/or its Affiliates during registration for membership or for the use any particular service or feature will be accurate and current.
8.3. In order for you to be eligible to access certain Services, pages or features provided on the Website, you may be required to provide certain information about yourself. This information may be in the form of personal and contact details and in conformity with Section 8.2 for identification purposes as a part of the registration process for the particular service(s) in question, or as a part of your continued membership and use of the Services.
8.4. You agree that you will not engage in any activity that may interfere with the Services provided by PlayAware and its Affiliates, including and not limited to disrupting the servers and networks to which the Services are linked.
8.5. PlayAware provides its user with an interface, which enables activity on the Website. You agree that you will not access or make any attempt(s) to access the Website, its Services and features by means other than via the interface provided. Furthermore, you agree not to access or make any attempt(s) to access the Website, its Services or features via any automated means, which include and are not limited to robots, scripts or web crawlers.
8.6. You agree and accept that you are solely responsible for any violation of your obligations and that PlayAware explicitly has no responsibility to you or to any third party, as stated under the Terms and for the consequences, including any loss or damage which PlayAware and/or its Affiliates may suffer as a result of such violation(s).
9. Website & Service(s) Content
9.1. The Website allows you to view and access “Content” (Product and Services descriptions, Articles, Data, Information, Text files, Audio, Music files, Software(s), or other Sounds, Images, Photographs, Videos or similar). In some circumstances, some Content may be available for download. In order to access the Content, you will require a personal computer, tablet, smartphone, or other device(s) that meets the Website’s system and compatibility requirements, and access to the Internet. When accessing rich media content, the quality of the content you view may depend on a number of factors, including your Internet bandwidth.
9.2. All the Content to which you may have access, as a part of, or via your use of, the Website, its Services and features are the sole responsibility of the person, company, organization, entity from which such content originated. You acknowledge and accept this.
9.3. Any Content made available to you as a part of the Website, its Services and/or features, including but not limited to advertisements and sponsored Content within the Website, its Services and features and may be PROTECTED by intellectual property rights, which are owned by the respective advertisers or sponsors or other authorized persons, or entities on their behalf who provide such Content to PlayAware. Under NO circumstance may you in either whole or part distribute, sell, rent, lease, loan, change or create imitative works based on such Content. Only upon explicit instruction stated in a specially drafted agreement and with strict adherence to such instruction from PlayAware or the respective owners of the content, may you engage in such activity.
9.4. PlayAware reserves all rights, but shall have no obligation to preview, review, modify, sort, deny or remove ANY or ALL Content from any part of the Website, it’s Services and features. You also understand that PlayAware may not be able to monitor ALL Content uploaded to the Website or its Services by other members. You may choose to use commercially available software to filter specific types of content and prevent access to particular content which you may find objectionable.
9.5. With respect to the aforementioned Section 9.4, you understand that during the use of the Website and/or its Services, you may be exposed to Content that you may find indecent, objectionable or offensive. You acknowledge and accept that you use the Website and its Services AT YOUR OWN RISK.
9.6. You acknowledge and agree that you are solely responsible for ANY Content that you upload, make public, transmit, broadcast, display, modify or create while using the Website, its Services and/or its features and for the consequences of your actions, which may include damage, loss and/or disrepute which PlayAware or its Affiliates may suffer as a result of such actions and that PlayAware has absolutely NO responsibility to you or ANY third party for your actions.
10. Other Content
10.1. The Website, its Services and features may contain hyperlinks which lead to other websites or resources or content. You acknowledge that PlayAware may not have any control over the content or resources of such links or their destinations.
10.2. You accept that PlayAware has no control over the hyperlinks posted by other members of the Website, nor over the content, recourses or final destination of such hyperlinks.
10.3. Further, you agree with and accept that PlayAware is not responsible for the accessibility of any such websites or resources and explicitly does not endorse any products, advertising and/or any other materials on or available from such websites or resources.
10.4. You also agree and accept that PlayAware is not liable for ANY loss or damage which may be incurred by you as a result of the availability of the aforementioned external hyperlinks, websites, content and/or resources or as a result of any reliance placed by you on the accuracy, completeness, authenticity or existence of any products, content, advertising or other materials on or available from such websites or resources.
11. Your Content License
11.1. You hold the copyright and any other associated right that you may already hold for the content that you upload, post, display or submit via the Services of the Website, so long as the content is yours originally and does not infringe on any other copyrights or intellectual property of the respective owners.
12. Your License to use PlayAware
12.1. PlayAware grants you a revocable, personal, royalty-free, worldwide, non-transferable, non-exclusive, license to use the Website, its Services and features provided to you by PlayAware.
12.2. You may not assign, transfer or provide a sub-license your license to use PlayAware’s Website, Services or features in whole or in part to any other person, institute, organization and/or entity without the written prior approval of PlayAware.
12.3. You agree that you may not, nor assign anyone to modify, copy, reverse engineer, attempt to extract the source code, decompile or produce a derivative work of the Website, its Services and features or any part thereof. You agree that you may only do so upon receipt of explicit written approval from PlayAware or if required by law.
12.4. You agree that you may not, nor assign anyone to:
12.4.1. use any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Website; including by any automated or non-automated “scraping;”
12.4.2. transmit spam, chain letters, or other unsolicited commercial email;
12.4.3. attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
12.4.4. take any action that imposes, or may impose at PlayAware’s sole discretion an unreasonable or disproportionately large load on the Website infrastructure;
12.4.5. upload invalid data, viruses, worms, or other software agents through the Website;
12.4.6. collect or harvest any personally identifiable information, including account names, from the Website;
12.4.7. use the Website for any commercial solicitation purposes;
12.4.8. impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
12.4.9. interfere with the proper working of the Website;
12.4.10. access any content on the Website through any technology or means other than those provided or authorized by the Website;
12.4.11. bypass the security measures that PlayAware may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content located on it; or
12.4.12. use the Website for any unlawful purpose or in any other way that is prohibited by this agreement, applicable law, or that exposes PlayAware to civil or criminal liability.
12.5. You accept and agree that this License granted to you by PlayAware is for the sole purpose of enabling you to use and enjoy the Website, Services and features provided to you by PlayAware in a manner that is in full compliance with the Terms.
13. Community Policy and Offensive Content
13.1. This list is subject to change at any time, without any prior notification to you. It is recommended that you read this list carefully and refer to this list from time to time in order to keep yourself updated on any changes.
PlayAware may provide functionality to users to enable them to comment, share and communicate with PlayAware and other Website users. With the aim of ensuring the creation of a safe environment for PlayAware Website users, the following community policy and offensive content list has been created.
13.2. PlayAware considers the list below as Offensive Content. Please note that Offensive Content is included, but IS NOT limited to this list. Any breach of these conditions may result in the termination of your account by PlayAware and remedial action if required.
13.2.1. WE STRICTLY DO NOT TOLERATE ANY FORM OF RACISM
13.2.2. WE STRICTLY DO NOT TOLERATE ANY FORM OF BULLYING
13.2.3. WE STRICTLY PROHIBIT AND DO NOT TOLERATE ANY FORM OF TERRORISM.
13.2.4. THIS ACTIVITY IS CONDEMNED BY PlayAware
13.2.5. ANY SUSPICIOUS ACTIVITY IN THIS REGARD WILL:
13.2.6. RESULT IN THE IMMEDIATE SUSPENSION OF YOUR ACCOUNT; AND
13.2.7. BE REPORTED TO THE AUTHORITIES
13.2.8. WE STRICTLY PROHIBIT AND DO NOT TOLERATE ANY FORM OF EXTORTION.
13.2.9. THIS ACTIVITY IS CONDEMNED BY PlayAware
13.2.10. ANY SUSPICIOUS ACTIVITY IN THIS REGARD WILL:
13.2.11. RESULT IN THE IMMEDIATE SUSPENSION OF YOUR ACCOUNT; AND
13.2.12. BE REPORTED TO THE AUTHORITIES
13.2.13. WE STRICTLY DO NOT TOLERATE ANY FORM OF SEXUAL HARASSMENT
13.2.14. WE STRICTLY DO NOT TOLERATE ANY FORM OF PORNOGRAPHY
13.2.15. Content that you do not hold the Intellectual Property Rights for, should not be displayed without the appropriate acknowledgements.
14. Registered Members & Membership
14.1. The Website may include a feature that allows Member Registration.
14.2. Visitors/Users may become members when booking a Service(s) or via registration or sign-up forms.
14.3. A user is considered a “Member” when they have a username and password to access certain areas of the Website.
14.4. Account Setup/Creation
14.4.1. In order to create an account, you must complete the registration/signup form in its entirety and accurately. You must also choose your username and password when prompted during the registration process.
14.4.2. You understand and accept that PlayAware reserves the right to deny anyone membership or an account at its sole discretion.
14.5. Ongoing Membership.
14.5.1. Your membership, which may start with a trial membership, will continue month-to-month (or any longer-term selected) and automatically renew unless you cancel your membership, or PlayAware terminates it.
14.5.2. You must have Internet access and provide PlayAware with a current, valid, accepted method of payment if it is required for your membership.
184.108.40.206. PlayAware will bill the membership fee (if/as applicable) to your chosen payment method. You must cancel your membership before it renews each term to avoid billing of the next term’s membership fees to your chosen payment method. You may contact us to cancel your ongoing membership.
14.6. Differing Membership.
14.6.1. PlayAware may offer several membership plans, including special promotional plans or memberships with different conditions and limitations.
14.6.2. Any material different terms from those described in this agreement will be disclosed at your sign-up or in other communications made available to you.
14.7. Trial Membership.
14.7.1. Your membership may start with a trial. The trial period of your membership lasts for the period specified during signup.
15. Account Security (applies to Registered Members only)
15.1. You agree that you are solely responsible for maintaining the secrecy of your password(s) that are associated with any account you may use to access the Website, its Services or features.
15.2. Furthermore, in accordance with Section 15.1, you will be solely responsible to PlayAware for ALL activities that take place on or via your account(s).
15.3. You acknowledge that you provide your personal information at your own risk.
15.4. If you become aware of any unauthorized access, use of your password or your account, you AGREE TO NOTIFY PlayAware immediately at firstname.lastname@example.org.
15.5. PlayAware will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by PlayAware or another party due to someone else using your account or password.
16. Membership Renewal (applies to Registered Members only)
16.1. If you have chosen to become a Member of the Website, the following Membership Renewal Terms apply.
16.2. Unless otherwise stated, memberships automatically renew under this agreement, unless you cancel your membership before the end of the membership term. To cancel your membership, contact us via email on email@example.com.
17. Termination of Account by You (applies to Registered Members only)
17.1. You may at any time choose to terminate your account at PlayAware. It is advised that you contact us on firstname.lastname@example.org with a request to close your account. All the Content posted by you on PlayAware will be removed, however, Content that is shared by you or by other members or posted by other members, that is shared between you and other members may remain on the Website. You may choose to manually delete all the content that you post on www.PlayAware.com.au prior to account deactivation.
18. Termination of Account by PlayAware (applies to Registered Members only)
We want www.PlayAware.com.au to be a safe place for you and other visitors to engage with our own and shared content. If PlayAware determines that you have violated any of our terms or policies, PlayAware may take action on your account to protect the PlayAware community and the Website visitors.
This action may include suspending or disabling/removing your account/membership.
18.1. PlayAware reserves all rights to terminate yours or any other member’s account(s). This may be done without any prior notice to you.
18.2. Your Account may be terminated by PlayAware if:
18.2.1. You have continuously violated the Terms stated in this Agreement
18.2.2. You have posted Offensive Content (please click here to view our list of what is considered Offensive Content).
18.2.3. You are prohibited from using the Services provided on PlayAware by law.
18.3. If you delete your membership or we disable/remove your membership, these Terms will terminate as an agreement between you and PlayAware, but the following provisions will remain in place: LIMITED LIABILITY, DISPUTES, Exclusion of Damages; Exclusive Remedy.
19. Communication Preferences
19.1. By registering for an account, or submitting a contact form, emailing PlayAware, or subscribing to the PlayAware blog or newsletter, you consent to receive electronic communications from PlayAware relating to your account.
19.2. These communications may include sending you emails to the email address you provide during the completion of any form mentioned in this section.
19.3. Communications may include notices about your account (updates, payment authorizations, password changes, confirmation emails, other transactional information), responses to your message(s). Communications may also include discussion with you regarding your purchase(s), queries, messages and are hence a part of the relationship you have with PlayAware. These communications are “Essential Communications”.
19.4. You acknowledge that any notices, agreements, disclosures or other communications that PlayAware may send you electronically will serve to satisfy any legal requirements, including that these communications be in writing.
19.5. You may keep a record of these communications for your records.
19.6. You further consent to receiving certain other communications from PlayAware, including newsletters, updates, and offers, promotional announcements, surveys via email or other methods. These communications are “Non-Essential Communications”.
20.1. Price Changes
20.1.1. PlayAware may offer products or services that require payment in order for them to be availed to you. You understand and accept that it is your sole responsibility to ensure full payment for the services and/or products you choose to purchase from PlayAware.
20.1.2. PlayAware may adjust the pricing of any of the products, services or features it offers via the Website in any way and at any time as it may determine in its sole discretion.
20.1.3. Any price changes will be effective with immediate effect, unless otherwise explicitly stated.
20.1.4. A price change will not affect existing orders, or purchases.
20.2. Billing Disputes
20.2.1. If you believe that PlayAware has charged you in error, it is your duty to notify PlayAware in writing no later than 30 days after you receive the order/purchase confirmation in which the error first appeared.
20.2.2. If you fail to notify PlayAware in writing of an error within this 30 day period, you explicitly waive any disputed charges.
20.2.3. Please submit the billing error, including the confirmation received and any details regarding the error, via email to email@example.com. PlayAware will correct any mistakes in the bill and add or credit them against your future purchases.
20.3. Refund Policy
20.3.1. Payments once made are non-refundable and there are no refunds or credits for partially used products or services, unless otherwise explicitly stated by PlayAware.
20.3.2. If you have a compelling reason for the cancellation of a service or purchase of a product(s), please contact us with a detailed explanation and we will do our best to accommodate your requirement, so long as it is deemed reasonable.
21. Proprietary Rights
21.1. You accept and agree that PlayAware and/or PlayAware’s licensors are the owners of all legal rights, title and interest in and to the Services, including, but not limited to any Intellectual Property rights which exists within the Services, whether those rights have been registered or not and in any part of the world, where those rights exist.
21.2. Unless you have agreed in writing with PlayAware, you accept and agree that you are solely responsible for the protection of your own Intellectual Property and enforcing the associated rights and that PlayAware has no obligation to do so on your behalf.
21.3. Unless you have agreed in writing with PlayAware, you accept and agree that you do not have any rights to use any of PlayAware’s trade names, logos, trademarks, service marks, domain names, and other distinguishing brand features.
21.4. With reference to the above Section 21.3, unless you have been given prior explicit rights in writing from PlayAware to use any of PlayAware’s brand features, you agree that your use of those features shall be in complete compliance with the guidelines of that agreement.
21.5. Further, you agree that you shall not change, remove, damage, obscure any proprietary rights notices, which may be affixed to the Services. This includes Copyright and Trade Mark notices.
21.6. You agree that you shall not use any of PlayAware’s or its Affiliates’ trade names, logos, trademarks, service marks, domain names and any other distinguishing brand features in any way that may cause:
21.6.1. Damage to or disrepute to PlayAware or its Affiliates
21.6.2. Confusion with regard to the ownership of such proprietary marks
22. Copyrights and Trade Mark Policies
22.1. PlayAware’s trade names, logos, trademarks, service marks, domain names and any other distinguishing brand features, including the enhanced PlayAware logos and icons are all Copyrights of PlayAware. All other trade names, logos, trademarks, service marks, domain names and any other distinguishing brand features are the property of their respective owner(s).
22.2. All the aforementioned trade names, logos, trademarks, service marks, domain names and any other distinguishing brand features are the property of PlayAware and other respective owner(s) and are protected under international Copyright and intellectual property laws.
22.3. All other trademarks, trade names, logos service marks domain names and other distinguished brand features, that do not belong to PlayAware, are the respective properties of their respective owners.
22.4. Any unauthorized use or misuse of PlayAware trademarks will result in prosecution to the fullest extent of the law.
23. Other Content
23.1. The Website, its Services and features may contain hyperlinks which lead to other websites or resources or content. You acknowledge that PlayAware may not have any control over the content or resources of such links or their destinations.
23.2. You accept that PlayAware has no control over the hyperlinks posted by other members of the Website, nor over the content, recourses or final destination of such hyperlinks.
23.3. Further, you agree with and accept that PlayAware is not responsible for the accessibility of any such websites or resources and explicitly does not endorse any products, advertising and/or any other materials on or available from such websites or resources.
23.4. You also agree and accept that PlayAware is not liable for ANY loss or damage which may be incurred by you as a result of the availability of the aforementioned external hyperlinks, websites, content and/or resources or as a result of any reliance placed by you on the accuracy, completeness, authenticity or existence of any products, content, advertising or other materials on or available from such websites or resources.
24. Termination of Website
24.1. You acknowledge and accept that PlayAware reserves all rights to end the Website at any time and is NOT required to disclose the reason for such a decision. In this instance, a One (“1”) Week or Seven (“7”) Day notice shall be provided to you via the Website and where reasonable via email.
24.2. Upon receiving such notification as stated in Section 24.1, you will be required to:
24.2.1. Delete/ close your account within the One (“1”) Week or Seven (“7”) Day notice period.
24.3. You acknowledge and accept that if you fail to Delete your Content and Delete/close your account, PlayAware reserves all rights to close your account without any further notification to you from PlayAware. PlayAware WILL NOT at any time be accountable to you or any third party for the loss of any of your data/Content that is removed from the Website in accordance with this Section 25.3. You agree with this Article 25 and grant PlayAware these rights.
25.1. PlayAware reserves the right to sell its assets, including the Website.
25.2. In the event that PlayAware is acquired or bought out by another organization or individual:
25.2.1. PlayAware shall inform its members of the event via the Sign-in Page and a message shall be sent to all members’ inbox in this regard.
25.2.2. PlayAware shall ensure that your personal details are transferred in a confidential manner during the handover.
25.2.3. PlayAware shall, to an extent that is reasonable, and while PlayAware holds the rights to PlayAware and www.PlayAware.com.au, prevent the sale of its members’ personal information.
25.2.4. PlayAware shall not be held accountable for any decisions, changes or actions taken by the buyer/ new owner of the Website.
26. Force Majeure
26.1. PlayAware is not responsible for any failures, delays beyond reasonable control, of the Website, Products, Services or features, including those of third-party vendors in the event of unforeseen circumstances, including:
26.1.1. Acts of God, including fire, flooding, earthquakes, hurricanes/cyclones, tropical storms, or other natural disasters;
26.1.2. War, riots, embargoes, acts of civil or military authority, or terrorism;
26.1.3. Strikes, or shortages in transport, facilities, fuel, energy, labour, materials, or infrastructure;
26.1.4. Failure of telecommunications or information service infrastructure;
26.1.5. Hacking, Spam, or any failure of a computer, server, network or software.
27.1. PlayAware attempts to provide a clear set of guidelines, transparency and terms and privacy policies to avoid the occurrence of any disputes between you and PlayAware.
27.3. You further agree that should any dispute arise you will follow PlayAware’s dispute resolution procedure.
27.4. Litigation Election
27.4.1. You acknowledge that either party (you or PlayAware) may choose to litigate the following type of case or controversy:
220.127.116.11. An action seeking injunctive relief,
18.104.22.168. Or, an action seeking compliance with this dispute resolution process.
22.214.171.124. Each party will allow the other party a reasonable amount of time to comply. No claims regarding non-compliance of this agreement shall be made until this reasonable time period has elapsed. The parties will first contact each other via a reasonable mode, either email, phone or meeting and will negotiate with each other in good faith to try and resolve all disputes between the parties arising out of the Website.
126.96.36.199. In the instance that the parties are unable to settle the dispute arising out of or relating to the Website, through negotiation after a 45 day period, either party may, by notice to the other party and the International Institute of Conflict Prevention and Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR.
188.8.131.52. Meditation will take place in Sydney, New South Wales, Australia.
184.108.40.206. Each party will bear its own costs in mediation and the parties will share equally between them all 3rd party mediation costs, unless the parties agree not to in writing.
220.127.116.11. Each party will participate actively and constructively in mediation proceedings once they commence and will attend at minimum one joint meeting between the mediator and the parties.
18.104.22.168. You understand and agree that any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
22.214.171.124.1. In the event that the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Website by arbitration in any competent court in Sydney, New South Wales, Australia.
126.96.36.199.2. You agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim and that the laws of Sydney, New South Wales, Australia will govern these Terms and any claim(s), without regard to conflict of law provisions.
188.8.131.52.1. You acknowledge and agree that neither party will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties, unless required by law.
28. Limited Liability
28.1. PLAYAWARE, ITS AFFILIATES AND OTHER THIRD PARTIES MENTIONED ON THE WEBSITE, ITS SERVICES OR FEATURES WILL UNDER NO CIRCUMSTANCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF DATA, CONTENT, SOFTWARE, PROGRAM(S), LOSS OF PROFITS, INTERRUPTION OF SERVICES, INTERRUPTION OF SYSTEM PROCESSES, INTERRUPTION OF BUSINESS, INJURY OR DEATH ARISING FROM THE USE OF THE WEBSITE, ITS SERVICE AND/OR FEATURES, THE OUTCOME OF USE OR THE INABILITY TO USE THIS WEBSITE, ITS SERVICES AND/OR FEATURES, THE WEBSITE(S) AND SERVICE(S) OF ANY THIRD PARTY LINKED TO THIS WEBSITE, THE CONTENT OF SUCH SITES, WHETHER BASED ON WARRANTY/GUARANTY, CONTRACTS OR ANY SUCH LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS AND/OR DAMAGES.
28.2. PLAYAWARE IS NOT LIABLE FOR ANY LOSS OR DAMAGE TO YOUR AND/OR ANY WEBSITE MEMBER(S)’ EQUIPMENT, COMPUTER SYSTEMS, DATA AND/OR CONTENT THAT MAY RESULT FROM THE USE OF THIS WEBSITE, ITS SERVICES AND/OR ITS FEATURES.
28.3. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY, DEFEND AND HOLD PlayAware, ITS AFFILIATES AND LICENSORS INNOCENT FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OTHER LEGAL FEES, ARISING OUT OF OR RELATING TO ANY MISUSE OR BREACH BY YOU OF THE WEBSITE, ITS SERVICES AND/OR FEATURES OR THE TERMS PROVIDED BY PLAYAWARE.
28.4. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU FALL WITHIN SUCH JURISDICTION, YOU UNDERSTAND THAT YOU ARE ACCESSING THE WEBSITE, ITS SERVICE AND/OR FEATURES AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN DECISION(S)/CHOICES AND PLAYAWARE SHALL NOT BE HELD LIABLE UNDER THIS SECTION 28.4.
28.5. AS STATED IN THIS ARTICLE 28, ABOVE, THE LIMITATIONS ON PLAYAWARE’S LIABILITY TO YOU SHALL APPLY REGARDLESS OF WHETHER PLAYAWARE HAS BEEN MADE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES ARISING.
28.6. PLAYAWARE RESERVES ALL RIGHTS TO DENY MEMBERSHIP, ACCESS TO ITS WEBSITE, ITS SERVICES AND FEATURES TO ANYONE.
29. Exclusion of Damages; Exclusive Remedy
29.1. Unless caused by gross negligence or intentional misconduct, PlayAware, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told PlayAware about the possibility of these damages or PlayAware knew or should have known about the possibility of these damages.
29.2. PlayAware, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told PlayAware about the possibility of these damages or PlayAware knew or should have known about the possibility of these damages.
29.3. If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The maximum liability of PlayAware and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $25 and the amount you have paid to PlayAware for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
30.1. PLAYAWARE DOES NOT GUARANTEE/WARRANT THE ACCURACY, VALIDITY, COMPLETENESS, FRESHNESS OF THE INFORMATION AND SERVICES AVAILABLE ON THE WEBSITE, ITS SERVICES AND FEATURES. PLAYAWARE HAS NO OBLIGATION TO UPDATE THE CONTENT, SERVICES AND/OR FEATURES AVAILABLE VIA THE WEBSITE AND HAS NO OBLIGATION TO ENSURE THE ACCURACY, VALIDITY, COMPLETENESS, AND FRESHNESS OF THE CONTENT, INFORMATION AND SERVICES AVAILABLE ON THE WEBSITE, ITS SERVICES AND FEATURES. FURTHERMORE, THE CONTENT, INFORMATION, SERVICES AND/OR FEATURES AVAILABLE VIA THE WEBSITE MAY NOT BE AVAILABLE IN ALL GEOGRAPHIC REGIONS AND PLAYAWARE HAS NO OBLIGATION TO MAKE SUCH CONTENT, SERVICES AND/OR FEATURES AVAILABLE IN SUCH GEOGRAPHIC REGIONS.
30.2. THE VIEWS AND OPINIONS EXPRESSED OR POSTED WITHIN THIS WEBSITE ARE THE VIEWS OF THE RESPECTIVE WRITERS AND DO NOT NECESSARILY REFLECT THE VIEWS AND OPINIONS OF PLAYAWARE.
30.3. YOU AGREE WITH AND ACCEPT THIS ARTICLE 30 AS FAIR AND APPROPRIATE.
31. Contact Information
31.1. Email: firstname.lastname@example.org
31.2. Address: Clubs 4 Fun Pty Ltd.
629 Kingsway, Miranda,
Sydney, NSW 2228, Australia
32. Other Important Policies