{"id":1478,"date":"2019-09-17T00:09:05","date_gmt":"2019-09-16T23:09:05","guid":{"rendered":"http:\/\/playaware.com.au\/?page_id=1478"},"modified":"2019-09-17T00:32:19","modified_gmt":"2019-09-16T23:32:19","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/playaware.com.au\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"\n
\n\n

1.       <\/span><\/span><\/span><\/b>Introduction<\/b><\/p>\n\n

PlayAware (the \u201cWebsite\u201d, \u201cPortal\u201d,\n\u201cWe\u201d, \u201cUs\u201d, \u201cOur\u201d), welcomes you to www.PlayAware.com.au (the \u201cWebsite\u201d).<\/p>\n\n

Please read the following Terms\nof Use Agreement (the \u201cTerms\u201d) carefully, as this is a legal agreement between\nyou and PlayAware that governs your access to and use of the Website and\nServices. Your access to the Website is on the condition that you understand\nand accept this agreement.<\/p>\n\n

The following Terms govern your\nuse of www.PlayAware.com.au and the products, services, features, apps,\ntechnologies and software we offer (the \u201cServices\u201d), unless where we expressly\nstate that separate terms (other than these Terms) apply.<\/p>\n\n

It is of great importance to PlayAware\nthat you and other visitors have the best possible experience while using<\/span> the Website. It is equally important that\nyou understand your legal rights and obligations by using the Website.<\/p>\n\n

2.       <\/span><\/span><\/span><\/b>Definitions<\/b><\/p>\n\n

2.1. <\/span><\/span><\/span>The\n\u201cWebsite<\/b>\u201d \u2013 The website of PlayAware,\nits functionality, features, design, technology, domain(s) www.PlayAware.com.au.<\/p>\n\n

2.2. <\/span><\/span><\/span>The\n\u201cTerms<\/b>\u201d \u2013 The Terms of Use that\ngovern this Website, its Services and features.<\/p>\n\n

2.3. <\/span><\/span><\/span>\u201cAffiliates<\/b>\u201d and \u201cThird Parties<\/b>\u201d \u2013 Partners and affiliated legal entities across the\nworld, that may provide PlayAware with software, software platforms and\/or\ntechnology or services that contribute to PlayAware providing you or any user\nwith access to the Website and Services.<\/p>\n\n

2.4. <\/span><\/span><\/span>The\n\u201cContent<\/b>\u201d \u2013 Data, Information, Text\nfiles, Audio, Music files, Software(s), or other Sounds, Images, Photographs,\nVideos or similar \u2013 that are uploaded to the Website.<\/p>\n\n

2.5. <\/span><\/span><\/span>\u201cServices<\/b>\u201d \u2013 Web Pages, Features,\nSoftware and Products and\/or Services provided on the website or otherwise.<\/p>\n\n

2.6. <\/span><\/span><\/span>\u201cEssential Communications<\/b>\u201d \u2013 Any form of\ncommunications that enables or facilitates the execution of a contract that you\nhave entered into or are in the process of entering into with PlayAware. This\nincludes any messages sent by you to PlayAware, Bookings, Orders, Requests and\nPurchases.<\/p>\n\n

2.7. <\/span><\/span><\/span>\u201cNon-Essential Communications<\/b>\u201d \u2013 Any\nform of promotional or marketing communications, offers, updates, blog posts,\nnewsletters and product\/service suggestions sent to you by PlayAware.<\/p>\n\n

 <\/p>\n\n

3.       <\/span><\/span><\/span><\/b>Accepting the Terms<\/b><\/p>\n\n

3.1. <\/span><\/span><\/span>The\nTerms apply to all users of the Website, whether you are a \u201cVisitor\u201d, \u201cUser\u201d or\na \u201cRegistered Member\u201d.<\/p>\n\n

3.2. <\/span><\/span><\/span>By\naccessing the Website (or any part of the Website), or Signing up for\nMembership, or clicking on the agree checkbox<\/span>,\nwhere this function is availed to you, you accept this Agreement.<\/p>\n\n

3.3. <\/span><\/span><\/span>If\nyou do not want to accept this agreement or these Terms, you MUST LEAVE THE WEBSITE<\/a>.<\/p>\n\n

3.4. <\/span><\/span><\/span>If\nyou breach any part of the Terms, PlayAware reserves the right to revoke your\nlicense to access the Website, block your access, and cancel your account.<\/p>\n\n

3.5. <\/span><\/span><\/span>You\nmay not use this Website, its services and or features if:<\/p>\n\n

3.5.1.      \n<\/span><\/span><\/span>You do not agree with or Accept the Terms of Use<\/p>\n\n

3.5.2.      \n<\/span><\/span><\/span>You are not of legal age to enter into this\nagreement with PlayAware<\/p>\n\n

3.5.3.      \n<\/span><\/span><\/span>You are a person who is barred from using the\nServices under the laws of the United States of America, Canada, India,\nAustralia, United Kingdom, European Union, or any other country\/territory\nincluding the country\/territory of which you are a resident or citizen or from\nwhich you attempt to use the services.<\/p>\n\n

 <\/p>\n\n

4.       <\/span><\/span><\/span><\/b>Changes to the Terms<\/b><\/p>\n\n

4.1. <\/span><\/span><\/span>PlayAware\nmay change or update the Terms at any time by updating this page. At the bottom\nof this page, you will find the date (\u201clast updated date\u201d) when PlayAware last\nupdated the Terms. Any changes that are made will be effective on the last\nupdated date stated at the bottom of this page.<\/p>\n\n

4.2. <\/span><\/span><\/span>PlayAware\nwill try to notify you via email when changes are made to the Terms,<\/span> if it can do so in a reasonable manner.<\/p>\n\n

4.3. <\/span><\/span><\/span>It\nis strongly advised that you visit this page from time to time to ensure that\nyour use of the Website abides by the most current version of the Terms.<\/p>\n\n

4.4. <\/span><\/span><\/span>PlayAware\nwill consider your continued use or access of<\/span>\nthe Website after it posts any changes as your acceptance of the most current\nversion of the Terms. This applies even if you have not read the Terms.<\/p>\n\n

4.5. <\/span><\/span><\/span>If\nyou do not accept the changes to the Terms, you MUST STOP YOUR USE OF THE\nWEBSITE, CANCEL YOUR MEMBERSHIP (if applicable) AND LEAVE THE WEBSITE<\/a>.<\/p>\n\n

5.       <\/span><\/span><\/span><\/b>Language of Terms<\/b><\/p>\n\n

5.1. <\/span><\/span><\/span>The\nTerms may be available in languages other than English. In the event that other\nlanguage versions of the Terms conflict with one another and\/or with the English\nTerms, then the English Terms stand final and Binding.<\/b><\/p>\n\n

6.       <\/span><\/span><\/span><\/b>Your Privacy<\/b><\/p>\n\n

6.1. <\/span><\/span><\/span>Please\nrefer to PlayAware\u2019s Privacy Policy at (www.PlayAware.com.au\/privacy). You will\nfind details regarding the use of your information and PlayAware\u2019s data\nprotection policies.<\/p>\n\n

6.2. <\/span><\/span><\/span>You\naccept and agree to the use of your data in accordance with PlayAware\u2019s privacy policies<\/a>.<\/p>\n\n

 <\/p>\n\n

7.       <\/span><\/span><\/span><\/b>Provision of Service<\/b><\/p>\n\n

7.1. <\/span><\/span><\/span>PlayAware\nhas partners and affiliated legal entities worldwide (the \u201cAffiliates\u201d). In\nsome instances, some of these companies may be providing you with the Services\non behalf of PlayAware. You agree with and accept that the Affiliates will be\nentitled to provide the services to you.<\/p>\n\n

7.2. <\/span><\/span><\/span>In\nan effort to provide its users with a unique, user-friendly<\/span>\nand useful experience and to adopt the latest technologies, PlayAware is\nconstantly innovating. You agree with and accept that the nature of the\nservices, the appearance and mechanics of the Website provided by PlayAware may\nchange periodically without prior Notification to you.<\/p>\n\n

7.3. <\/span><\/span><\/span>With\nreference to the aforementioned Section 7.2, you agree with and accept that PlayAware\nmay at its sole discretion stop (temporarily or permanently) providing the\nServices or any feature to you or the users in general, without any prior\nnotification to you. You may stop using the services provided by PlayAware at any time<\/span>. You do not need to specifically\ninform PlayAware at the time of discontinuing the use of the Services; however,\nit is highly recommended that you delete your account at the time of\ndiscontinuing your membership (if applicable).<\/p>\n\n

7.4. <\/span><\/span><\/span>On\nthe instance that PlayAware may disable access to your account, you may be\nprevented from accessing the Services and or any its<\/span> features, your account details or any files or other content\nthat is uploaded to your account. You agree with and accept this Section 7.4.<\/p>\n\n

7.5. <\/span><\/span><\/span>PlayAware\npresently may not have established a fixed upper limit for the total amount of\ndata you may send or receive, update to or download from your account or on the\namount of storage space used for the provision of any Service. You agree with\nand accept that PlayAware reserves all rights to set such fixed upper limits at\nany time at the sole discretion of PlayAware.<\/p>\n\n

 <\/p>\n\n

8.       <\/span><\/span><\/span><\/b>Your Use of the Service(s)<\/b><\/p>\n\n

8.1. <\/span><\/span><\/span>You\nagree to and accept that you will use the Website and Services provided by PlayAware\nand its Affiliates only for purposes that are permitted by:<\/p>\n\n

8.1.1.      \n<\/span><\/span><\/span>The Terms<\/p>\n\n

8.1.2.      \n<\/span><\/span><\/span>Any applicable law, regulation, generally\naccepted principles and\/or guidelines in the relevant jurisdictions (including\nlaws associated with the export of data or software to and from the United\nStates of America, Canada, India, Australia, United Kingdom, European Union, or\nany other country\/territory).<\/p>\n\n

8.2. <\/span><\/span><\/span>You\nagree that all information you provide to PlayAware and\/or its Affiliates\nduring registration for membership or for the use any particular service or\nfeature will be accurate and current.<\/p>\n\n

8.3. <\/span><\/span><\/span>In\norder for you to be eligible to access certain Services, pages or features\nprovided on the Website, you may be required to provide certain information\nabout yourself. This information may be in the form of personal and contact\ndetails and in conformity with Section 8.2 for identification purposes as a\npart of the registration process for the particular service(s) in question, or\nas a part of your continued membership and use of the Services. <\/p>\n\n

8.4. <\/span><\/span><\/span>You\nagree that you will not engage in any activity that may interfere with the\nServices provided by PlayAware and its Affiliates, including and not limited to\ndisrupting the servers and networks to which the Services are linked.<\/p>\n\n

8.5. <\/span><\/span><\/span>PlayAware\nprovides its user with an interface, which enables activity on the Website. You\nagree that you will not access or make any attempt(s) to access the Website,\nits Services and features by means other than via the interface provided.\nFurthermore, you agree not to access or make any attempt(s) to access the Website,\nits Services or features via any automated means, which include and are not\nlimited to robots, scripts or web crawlers.<\/p>\n\n

8.6. <\/span><\/span><\/span>You\nagree and accept that you are solely responsible for any violation of your\nobligations and that PlayAware explicitly has no responsibility to you or to\nany third party, as stated under the Terms and for the consequences, including\nany loss or damage which PlayAware and\/or its Affiliates may suffer as a result\nof such violation(s).<\/p>\n\n

 <\/p>\n\n

9.       <\/span><\/span><\/span><\/b>Website & Service(s) Content<\/b><\/p>\n\n

9.1. <\/span><\/span><\/span>The\nWebsite allows you to view and access \u201cContent\u201d (Product and Services\ndescriptions, Articles, Data, Information, Text files, Audio, Music files,\nSoftware(s), or other Sounds, Images, Photographs, Videos or similar). In some\ncircumstances, some Content may be available for download. In order to access\nthe Content, you will require a personal computer, tablet, smartphone, or other device(s)<\/span> that meets the Website\u2019s system\nand compatibility requirements, and access to the Internet. When accessing rich\nmedia content, the quality of the content you view may depend on a number of\nfactors, including your Internet bandwidth.<\/p>\n\n

9.2. <\/span><\/span><\/span>All\nthe Content to which you may have access, as a part of, or via your use of, the\nWebsite, its Services and features are the sole responsibility of the person,\ncompany, organization, entity from which such content originated. You\nacknowledge and accept this.<\/p>\n\n

9.3. <\/span><\/span><\/span>Any\nContent made available to you as a part of the Website, its Services and\/or\nfeatures, including but not limited to advertisements and sponsored Content\nwithin the Website, its Services and features and may be<\/span> PROTECTED by intellectual property rights, which are owned\nby the respective advertisers or sponsors or other authorized persons, or entities\non their behalf who provide such Content to PlayAware. Under NO circumstance\nmay you in either whole or part distribute, sell, rent, lease, loan, change or\ncreate imitative works based on such Content. Only upon explicit instruction\nstated in a specially drafted agreement and with strict adherence to such\ninstruction from PlayAware or the respective owners of the content, may you\nengage in such activity.<\/p>\n\n

9.4. <\/span><\/span><\/span>PlayAware\nreserves all rights, but shall have no obligation to preview, review, modify,\nsort, deny or remove ANY or ALL Content from any part of the Website, it\u2019s\nServices and features. <\/span>You also\nunderstand that PlayAware may not be able to monitor ALL Content uploaded to\nthe Website or its Services by other members. You may choose to use\ncommercially available software to filter specific types of content and prevent\naccess to particular content which you may find objectionable.<\/p>\n\n

9.5. <\/span><\/span><\/span>With\nrespect to the aforementioned Section 9.4, you understand that during the use\nof the Website and\/or its Services, you may be exposed to Content that you may\nfind indecent, objectionable or offensive. You acknowledge and accept that you\nuse the Website and its Services AT YOUR OWN RISK.<\/p>\n\n

9.6. <\/span><\/span><\/span>You\nacknowledge and agree that you are solely responsible for ANY Content that you\nupload, make public, transmit, broadcast, display, modify or create while using\nthe Website, its Services and\/or its features and for the consequences of your\nactions, which may include damage, loss and\/or disrepute which PlayAware or its\nAffiliates may suffer as a result of such actions and that PlayAware has\nabsolutely NO responsibility to you or ANY third party for your actions.<\/p>\n\n

 <\/p>\n\n

10.   <\/span><\/span><\/span><\/b>Other Content<\/b><\/p>\n\n

10.1.                    \n<\/span><\/span><\/span>The Website, its Services and features may\ncontain hyperlinks which lead to other websites or resources or content. You\nacknowledge that PlayAware may not have any control over the content or\nresources of such links or their destinations.<\/p>\n\n

10.2.                    \n<\/span><\/span><\/span>You accept that PlayAware has no control over\nthe hyperlinks posted by other members of the Website, nor over the content,\nrecourses or final destination of such hyperlinks.<\/p>\n\n

10.3.                    \n<\/span><\/span><\/span>Further, you agree with and accept that PlayAware\nis not responsible for the accessibility of any such websites or resources and\nexplicitly does not endorse any products, advertising and\/or any other\nmaterials on or available from such websites or resources.<\/p>\n\n

10.4.                    \n<\/span><\/span><\/span>You also agree and accept that PlayAware is not\nliable for ANY loss or damage which may be incurred by you as a result of the\navailability of the aforementioned external hyperlinks, websites, content\nand\/or resources or as a result of any reliance placed by you on the accuracy,\ncompleteness, authenticity or existence of any products, content, advertising or\nother materials on or available from such websites or resources.<\/p>\n\n

 <\/p>\n\n

11.   <\/span><\/span><\/span><\/b>Your Content License<\/b><\/p>\n\n

11.1.                    \n<\/span><\/span><\/span>You hold the copyright and any other associated\nright that you may already hold for the content that you upload, post, display\nor submit via the Services of the Website, so long as the content is yours\noriginally and does not infringe on any other copyrights or intellectual\nproperty of the respective owners.<\/p>\n\n

 <\/p>\n\n

12.   <\/span><\/span><\/span><\/b>Your License to use PlayAware<\/b><\/p>\n\n

12.1.                    \n<\/span><\/span><\/span>PlayAware grants you a revocable, personal,\nroyalty-free, worldwide, non-transferable, non-exclusive, license to use the Website,\nits Services and features provided to you by PlayAware. <\/p>\n\n

12.2.                    \n<\/span><\/span><\/span>You may not assign, transfer or provide a\nsub-license your license to use PlayAware\u2019s Website, Services or features in\nwhole or in part to any other person, institute, organization and\/or entity\nwithout the written prior approval of PlayAware.<\/p>\n\n

12.3.                    \n<\/span><\/span><\/span>You agree that you may not, nor assign anyone to\nmodify, copy, reverse engineer, attempt to extract the source code, decompile\nor produce a derivative work of the Website, its Services and features or any\npart thereof. You agree that you may only do so upon receipt of explicit\nwritten approval from PlayAware or if required by law.<\/p>\n\n

12.4.                    \n<\/span><\/span><\/span>You agree that you may not, nor assign anyone\nto:<\/p>\n\n

12.4.1.   \n<\/span><\/span><\/span>use any automated system, including \u201crobots,\u201d\n\u201cspiders,\u201d \u201coffline readers,\u201d etc., to access the Website;<\/span> including by any automated or non-automated\n\u201cscraping;\u201d<\/p>\n\n

12.4.2.   \n<\/span><\/span><\/span>transmit spam, chain letters, or other unsolicited commercial email<\/span>;<\/p>\n\n

12.4.3.   \n<\/span><\/span><\/span>attempt to interfere with, compromise the system\nintegrity or security, or decipher any transmissions to or from the servers\nrunning the Website;<\/p>\n\n

12.4.4.   \n<\/span><\/span><\/span>take any action that imposes, or may impose at PlayAware\u2019s\nsole discretion an unreasonable or disproportionately large load on the Website\ninfrastructure;<\/p>\n\n

12.4.5.   \n<\/span><\/span><\/span> <\/span>upload\ninvalid data, viruses, worms, or other software agents through the Website;<\/p>\n\n

12.4.6.   \n<\/span><\/span><\/span>collect or harvest any personally identifiable\ninformation, including account names, from the Website;<\/p>\n\n

12.4.7.   \n<\/span><\/span><\/span>use the Website for any commercial solicitation\npurposes;<\/p>\n\n

12.4.8.   \n<\/span><\/span><\/span>impersonate another person or otherwise\nmisrepresenting your affiliation with a person or entity, conducting fraud, or\nhiding or attempting to hide your identity;<\/p>\n\n

12.4.9.   \n<\/span><\/span><\/span>interfere with the proper working of the\nWebsite;<\/p>\n\n

12.4.10.           \n<\/span><\/span><\/span>access any content on the Website through any\ntechnology or means other than those provided or authorized by the Website;<\/p>\n\n

12.4.11.           \n<\/span><\/span><\/span>bypass the security measures that PlayAware may\nuse to prevent or restrict access to the Website, including features that\nprevent or restrict use or copying of any content or enforce limitations on use\nof the Website or the content located on it; or<\/p>\n\n

12.4.12.           \n<\/span><\/span><\/span>use the Website for any unlawful purpose or in\nany other way that is prohibited by this agreement, applicable law, or that\nexposes PlayAware to civil or criminal liability.<\/p>\n\n

12.5.                    \n<\/span><\/span><\/span>You accept and agree that this License granted\nto you by PlayAware is for the sole purpose of enabling you to use and enjoy\nthe Website, Services and features provided to you by PlayAware in a manner\nthat is in full compliance with the Terms.<\/p>\n\n

 <\/p>\n\n

13.   <\/span><\/span><\/span><\/b>Community Policy and Offensive Content<\/b><\/p>\n\n

13.1.                    \n<\/span><\/span><\/span>This list is subject to change at any time,\nwithout any prior notification to you. It is recommended that you read this\nlist carefully and refer to this list from time to time in order to keep\nyourself updated on any changes.<\/p>\n\n

PlayAware may provide\nfunctionality to users to enable them to comment, share and communicate with PlayAware\nand other Website users. With the aim of ensuring the creation of a safe\nenvironment for PlayAware Website users, the following community policy and offensive<\/span> content list has<\/span> been created.<\/p>\n\n

13.2.                    \n<\/span><\/span><\/span>PlayAware considers the list below as Offensive\nContent. Please note that Offensive Content is included, but IS NOT limited to\nthis list. Any breach of these conditions may result in the termination of your\naccount by PlayAware and remedial action if required.<\/p>\n\n

13.2.1.   \n<\/span><\/span><\/span>WE STRICTLY DO NOT TOLERATE ANY FORM OF RACISM<\/p>\n\n

13.2.2.   \n<\/span><\/span><\/span>WE STRICTLY<\/span>\nDO NOT TOLERATE ANY FORM OF BULLYING<\/p>\n\n

13.2.3.   \n<\/span><\/span><\/span>WE STRICTLY PROHIBIT AND DO NOT TOLERATE ANY\nFORM OF TERRORISM. <\/p>\n\n

13.2.4.   \n<\/span><\/span><\/span>THIS ACTIVITY<\/span>\nIS CONDEMNED BY PlayAware<\/p>\n\n

13.2.5.   \n<\/span><\/span><\/span>ANY SUSPICIOUS ACTIVITY IN THIS REGARD WILL:<\/p>\n\n

13.2.6.   \n<\/span><\/span><\/span>RESULT IN THE IMMEDIATE SUSPENSION OF YOUR\nACCOUNT; AND<\/p>\n\n

13.2.7.   \n<\/span><\/span><\/span>BE REPORTED TO THE AUTHORITIES<\/span><\/p>\n\n

13.2.8.   \n<\/span><\/span><\/span>WE STRICTLY PROHIBIT AND DO NOT TOLERATE ANY\nFORM OF EXTORTION.<\/p>\n\n

13.2.9.   \n<\/span><\/span><\/span>THIS ACTIVITY IS CONDEMNED BY PlayAware<\/p>\n\n

13.2.10.           \n<\/span><\/span><\/span>ANY SUSPICIOUS ACTIVITY IN THIS REGARD WILL:<\/p>\n\n

13.2.11.           \n<\/span><\/span><\/span>RESULT IN THE IMMEDIATE SUSPENSION OF YOUR\nACCOUNT; AND<\/p>\n\n

13.2.12.           \n<\/span><\/span><\/span>BE REPORTED TO THE AUTHORITIES<\/span><\/p>\n\n

13.2.13.           \n<\/span><\/span><\/span>WE STRICTLY<\/span>\nDO NOT TOLERATE ANY FORM OF SEXUAL HARASSMENT<\/span><\/p>\n\n

13.2.14.           \n<\/span><\/span><\/span>WE STRICTLY DO NOT TOLERATE ANY FORM OF\nPORNOGRAPHY<\/p>\n\n

13.2.15.           \n<\/span><\/span><\/span>Content that you do not hold the Intellectual Property\nRights for, should not be displayed<\/span>\nwithout the appropriate acknowledgements<\/span>.<\/p>\n\n

14.   <\/span><\/span><\/span><\/b>Registered Members & Membership<\/b><\/p>\n\n

14.1.                    \n<\/span><\/span><\/span>The Website may include a feature that allows<\/span> Member Registration. <\/p>\n\n

14.2.                    \n<\/span><\/span><\/span>Visitors\/Users may become members when booking a\nService(s) or via registration or sign-up forms.<\/p>\n\n

14.3.                    \n<\/span><\/span><\/span>A user is considered a \u201cMember\u201d when they have a\nusername and password to access certain areas of the Website.<\/p>\n\n

14.4.                    \n<\/span><\/span><\/span>Account\nSetup\/Creation<\/b><\/p>\n\n

14.4.1.   \n<\/span><\/span><\/span>In order to create an account, you must complete\nthe registration\/signup form in its entirety and accurately. You must also\nchoose your username and password when prompted during the registration\nprocess.<\/p>\n\n

14.4.2.   \n<\/span><\/span><\/span>You understand and accept that PlayAware\nreserves the right to deny anyone membership or an account at its sole\ndiscretion.<\/p>\n\n

14.5.                    \n<\/span><\/span><\/span>Ongoing\nMembership<\/b>.<\/p>\n\n

14.5.1.   \n<\/span><\/span><\/span>Your membership, which may start with a trial\nmembership, will continue month-to-month (or any longer-term<\/span> selected) and automatically renew unless you cancel\nyour membership, or PlayAware terminates it.<\/p>\n\n

14.5.2.   \n<\/span><\/span><\/span>You must have Internet access and provide PlayAware\nwith a current, valid, accepted method of payment if it is required for your\nmembership.<\/p>\n\n

14.5.2.1.         \n<\/span><\/span><\/span>PlayAware will bill the membership fee (if\/as\napplicable) to your chosen payment method. You must cancel your membership\nbefore it renews each term to avoid billing of the next term\u2019s membership fees\nto your chosen payment method. You may contact us to cancel your ongoing\nmembership.<\/p>\n\n

14.6.                    \n<\/span><\/span><\/span>Differing\nMembership<\/b>.<\/p>\n\n

14.6.1.   \n<\/span><\/span><\/span>PlayAware may offer several membership plans,\nincluding special promotional plans or memberships with different conditions\nand limitations.<\/p>\n\n

14.6.2.   \n<\/span><\/span><\/span>Any material different terms from those\ndescribed in this agreement will be disclosed at your sign-up<\/span> or in other communications made available to you.<\/p>\n\n

14.7.                    \n<\/span><\/span><\/span>Trial\nMembership<\/b>.<\/p>\n\n

14.7.1.      <\/span><\/span><\/span>Your membership may start with a\ntrial. The trial period of your membership lasts for the period specified\nduring signup.<\/span><\/span><\/p>\n\n

 <\/p>\n\n

15.   <\/span><\/span><\/span><\/b>Account Security (applies to Registered\nMembers only)<\/b><\/p>\n\n

15.1.                    \n<\/span><\/span><\/span>You agree that you are solely responsible for\nmaintaining the secrecy of your password(s) that are associated with any\naccount you may use to access the Website, its Services or features.<\/p>\n\n

15.2.                    \n<\/span><\/span><\/span>Furthermore, in accordance with Section 15.1,\nyou will be solely responsible to PlayAware for ALL activities that take place\non or via your account(s).<\/p>\n\n

15.3.                    \n<\/span><\/span><\/span>You acknowledge that you provide your personal\ninformation at your own risk.<\/p>\n\n

15.4.                    \n<\/span><\/span><\/span>If you become aware of any unauthorized access,\nuse of your password or your account, you AGREE TO NOTIFY PlayAware immediately\nat info.playaware@clubs4fun.com.au<\/a>.<\/p>\n\n

15.5.                    \n<\/span><\/span><\/span>PlayAware will not be liable for any loss that\nyou may incur as a result of someone else using your password or account,\neither with or without your knowledge. You could be held liable for losses\nincurred by PlayAware or another party due to someone else using your account\nor password.<\/p>\n\n

 <\/p>\n\n

16.   <\/span><\/span><\/span><\/b>Membership Renewal (applies to Registered\nMembers only)<\/b><\/p>\n\n

16.1.                    \n<\/span><\/span><\/span>If you have chosen to become a Member of the\nWebsite, the following Membership Renewal Terms apply.<\/p>\n\n

16.2.                    \n<\/span><\/span><\/span>Unless otherwise stated, memberships\nautomatically renew under this agreement, unless you cancel your membership\nbefore the end of the membership term. To cancel your membership, contact us\nvia email on<\/span> info.playaware@clubs4fun.com.au<\/a>.<\/p>\n\n

<\/span><\/p>\n\n

17.   <\/span><\/span><\/span><\/b>Termination of Account by You (applies to\nRegistered Members only)<\/b><\/p>\n\n

17.1.                    \n<\/span><\/span><\/span>You may at any time choose to terminate your\naccount at PlayAware. It is advised that you contact us on info.playaware@clubs4fun.com.au<\/a>\nwith a request to close your account. All the Content posted by you on PlayAware\nwill be removed, however, Content that is shared by you or by other members or\nposted by other members, that is shared between you and other members may\nremain on the Website. You may choose to manually delete all the content that\nyou post on www.PlayAware.com.au prior to account deactivation.<\/p>\n\n

 <\/p>\n\n

18.   <\/span><\/span><\/span><\/b>Termination of Account by PlayAware\n(applies to Registered Members only)<\/b><\/p>\n\n

We want www.PlayAware.com.au to be a safe\nplace for you and other visitors to engage with our own and shared content. If PlayAware\ndetermines that you have violated any of our terms or policies, PlayAware may\ntake action on your account to protect the PlayAware community and the Website\nvisitors.<\/p>\n\n

This action may include suspending or\ndisabling\/removing your account\/membership.<\/p>\n\n

 <\/p>\n\n

18.1.                    \n<\/span><\/span><\/span>PlayAware reserves all rights to terminate yours\nor any other member\u2019s account(s). This may be done without any prior notice to\nyou.<\/p>\n\n

18.2.                    \n<\/span><\/span><\/span>Your Account may be terminated by PlayAware if:<\/p>\n\n

18.2.1.   \n<\/span><\/span><\/span>You have continuously violated the Terms stated\nin this Agreement<\/p>\n\n

18.2.2.   \n<\/span><\/span><\/span>You have posted Offensive Content (please click\nhere to view our list of what is considered Offensive Content).<\/p>\n\n

18.2.3.   \n<\/span><\/span><\/span>You are prohibited from using the Services\nprovided on PlayAware by law.<\/p>\n\n

18.3.                    \n<\/span><\/span><\/span> <\/span>If you\ndelete your membership or we disable\/remove your membership, these Terms will\nterminate as an agreement between you and PlayAware, but the following\nprovisions will remain in place: LIMITED LIABILITY, DISPUTES, Exclusion of\nDamages; Exclusive Remedy.<\/b><\/p>\n\n

 <\/b><\/p>\n\n

19.   <\/span><\/span><\/span><\/b>Communication Preferences<\/b><\/p>\n\n

19.1.                    \n<\/span><\/span><\/span>By registering for an account, or submitting a\ncontact form, emailing PlayAware, or subscribing to the PlayAware blog or\nnewsletter, you consent to receive<\/span>\nelectronic communications from PlayAware relating to your account.<\/p>\n\n

19.2.                    \n<\/span><\/span><\/span>These communications may include sending you\nemails to the email address you provide during the completion of any form\nmentioned in this section.<\/p>\n\n

19.3.                    \n<\/span><\/span><\/span>Communications may include notices about your\naccount (updates, payment authorizations, password changes, confirmation emails,\nother transactional information), responses to your message(s). Communications\nmay also include discussion<\/span> with you\nregarding your purchase(s), queries, messages and are hence a part of the\nrelationship you have with PlayAware. These communications are \u201cEssential\nCommunications\u201d.<\/p>\n\n

19.4.                    \n<\/span><\/span><\/span>You acknowledge that any notices, agreements,\ndisclosures or other communications that PlayAware may send you electronically\nwill serve to satisfy any legal requirements, including that these\ncommunications be in writing.<\/p>\n\n

19.5.                    \n<\/span><\/span><\/span>You may keep a record of these communications\nfor your records.<\/p>\n\n

19.6.                    \n<\/span><\/span><\/span>You further consent to receiving<\/span> certain other communications from PlayAware, including\nnewsletters, updates, and offers, promotional announcements, surveys via email\nor other methods. These communications are \u201cNon-Essential Communications\u201d.<\/p>\n\n

19.7.                    \n<\/span><\/span><\/span>If you no longer wish to receive Non-Essential Communications\nfrom PlayAware, please review the Privacy Policy regarding how you may Opt-Out\nof marketing communications.<\/p>\n\n

 <\/b><\/p>\n\n

20.   <\/span><\/span><\/span><\/b>Billing<\/b><\/p>\n\n

20.1.                    \n<\/span><\/span><\/span>Price\nChanges<\/b><\/p>\n\n

20.1.1.   \n<\/span><\/span><\/span>PlayAware may offer products or services that\nrequire payment in order for them to be availed to you. You understand and\naccept that it is your sole responsibility to ensure full payment for the\nservices and\/or products you choose to purchase from PlayAware.<\/p>\n\n

20.1.2.   \n<\/span><\/span><\/span>PlayAware may adjust the pricing of any of the\nproducts, services or features it offers via the Website in any way and at any\ntime as it may determine in its sole discretion.<\/b><\/p>\n\n

20.1.3.   \n<\/span><\/span><\/span>Any price changes will be effective with\nimmediate effect, unless otherwise explicitly stated.<\/p>\n\n

20.1.4.   \n<\/span><\/span><\/span>A price change will not affect existing orders,<\/span> or purchases.<\/p>\n\n

20.2.                    \n<\/span><\/span><\/span>Billing\nDisputes<\/b><\/p>\n\n

20.2.1.   \n<\/span><\/span><\/span>If you believe that PlayAware has charged you in\nerror, it is your duty to notify PlayAware in writing no later than 30 days\nafter you receive the order\/purchase confirmation in which the error first\nappeared.<\/p>\n\n

20.2.2.   \n<\/span><\/span><\/span>If you fail to notify PlayAware in writing of an\nerror within this 30 day period, you explicitly waive any disputed charges.<\/p>\n\n

20.2.3.   \n<\/span><\/span><\/span>Please submit the billing error, including the\nconfirmation received and any details regarding the error, via email to info.playaware@clubs4fun.com.au<\/a>.\nPlayAware will correct any mistakes in the bill and add or credit them against\nyour future purchases.<\/p>\n\n

20.3.                    \n<\/span><\/span><\/span>Refund\nPolicy<\/b><\/p>\n\n

20.3.1.   \n<\/span><\/span><\/span>Payments once made are non-refundable and there\nare no refunds or credits for partially used products or services, unless\notherwise explicitly stated by PlayAware.<\/p>\n\n

20.3.2.   \n<\/span><\/span><\/span>If you have a compelling reason for the\ncancellation of a service or purchase of a product(s), please contact us with a\ndetailed explanation and we will do our best to accommodate your requirement,\nso long as it is deemed reasonable.<\/p>\n\n

 <\/p>\n\n

 <\/span><\/p>\n\n

21.   <\/span><\/span><\/span><\/b>Proprietary Rights <\/b><\/p>\n\n

21.1.                    \n<\/span><\/span><\/span>You accept and agree that PlayAware and\/or PlayAware\u2019s\nlicensors are the owners of all legal rights, title and interest in and to the\nServices, including, but not limited to any Intellectual Property rights which\nexists within the Services, whether those rights have been registered or not\nand in any part of the world, where those rights exist.<\/p>\n\n

21.2.                    \n<\/span><\/span><\/span>Unless you have agreed in writing with PlayAware,\nyou accept and agree that you are solely responsible for the protection of your\nown Intellectual Property and enforcing the associated rights and that PlayAware\nhas no obligation to do so on your behalf.<\/p>\n\n

21.3.                    \n<\/span><\/span><\/span>Unless you have agreed in writing with PlayAware,\nyou accept and agree that you do not have any rights to use any of PlayAware\u2019s\ntrade names, logos, trademarks, service marks, domain names, and other\ndistinguishing brand features.<\/p>\n\n

21.4.                    \n<\/span><\/span><\/span>With reference to the above Section 21.3, unless\nyou have been given prior explicit rights in writing from PlayAware to use any\nof PlayAware\u2019s brand features, you agree that your use of those features shall\nbe in complete compliance with the guidelines of that agreement. <\/p>\n\n

21.5.                    \n<\/span><\/span><\/span>Further, you agree that you shall not change,\nremove, damage, obscure any proprietary rights notices, which may be affixed to\nthe Services. This includes Copyright and Trade Mark notices.<\/p>\n\n

21.6.                    \n<\/span><\/span><\/span>You agree that you shall not use any of PlayAware\u2019s\nor its Affiliates\u2019 trade names, logos, trademarks, service marks, domain names\nand any other distinguishing brand features in any way that may cause:<\/p>\n\n

21.6.1.   \n<\/span><\/span><\/span>Damage to or disrepute to PlayAware or its\nAffiliates<\/p>\n\n

21.6.2.   \n<\/span><\/span><\/span>Confusion with regard to the ownership of such\nproprietary marks<\/p>\n\n

 <\/p>\n\n

22.   <\/span><\/span><\/span><\/b>Copyrights and Trade Mark Policies<\/b><\/p>\n\n

22.1.                    \n<\/span><\/span><\/span>PlayAware\u2019s trade names, logos, trademarks,\nservice marks, domain names and any other distinguishing brand features,\nincluding the enhanced PlayAware logos and icons<\/span>\nare all Copyrights of PlayAware. All other trade names, logos, trademarks,\nservice marks, domain names and any other distinguishing brand features are the\nproperty of their respective owner(s).<\/p>\n\n

22.2.                    \n<\/span><\/span><\/span>All the aforementioned trade names, logos,\ntrademarks, service marks, domain names and any other distinguishing brand\nfeatures are the property of PlayAware and other\nrespective owner<\/span>(s) and are protected under international Copyright and\nintellectual property laws.<\/p>\n\n

22.3.                    \n<\/span><\/span><\/span>All other trademarks, trade names, logos service\nmarks domain names and other distinguished brand features, that do not belong\nto PlayAware, are the respective properties of their respective owners.<\/p>\n\n

22.4.                    \n<\/span><\/span><\/span>Any unauthorized use or misuse of PlayAware\ntrademarks will result in prosecution to the fullest extent of the law.<\/p>\n\n

 <\/p>\n\n

23.   <\/span><\/span><\/span><\/b> <\/span>Other Content<\/b><\/p>\n\n

23.1.                    \n<\/span><\/span><\/span>The Website, its Services and features may contain\nhyperlinks which lead to other websites or resources or content. You\nacknowledge that PlayAware may not have any control over the content or\nresources of such links or their destinations.<\/p>\n\n

23.2.                    \n<\/span><\/span><\/span>You accept that PlayAware has no control over\nthe hyperlinks posted by other members of the Website, nor over the content,\nrecourses or final destination of such hyperlinks. <\/p>\n\n

23.3.                    \n<\/span><\/span><\/span>Further, you agree with and accept that PlayAware\nis not responsible for the accessibility of any such websites or resources and\nexplicitly does not endorse any products, advertising and\/or any other\nmaterials on or available from such websites or resources.<\/p>\n\n

23.4.                    \n<\/span><\/span><\/span>You also agree and accept that PlayAware is not\nliable for ANY loss or damage which may be incurred by you as a result of the\navailability of the aforementioned external hyperlinks, websites, content\nand\/or resources or as a result of any reliance placed by you on the accuracy,\ncompleteness, authenticity or existence of any products, content, advertising\nor other materials on or available from such websites or resources.<\/p>\n\n

 <\/p>\n\n

24.   <\/span><\/span><\/span><\/b>Termination of Website<\/b><\/p>\n\n

24.1.                    \n<\/span><\/span><\/span>You acknowledge and accept that PlayAware\nreserves all rights to end the Website at any time and is NOT required to\ndisclose the reason for such a decision. In this instance, a One (\u201c1\u201d) Week or\nSeven (\u201c7\u201d) Day notice shall be provided to you via the Website and where\nreasonable via email.<\/p>\n\n

24.2.                    \n<\/span><\/span><\/span>Upon receiving such notification as stated in Section\n24.1, you will be required to:<\/p>\n\n

24.2.1.   \n<\/span><\/span><\/span>Delete\/ close your account within the One (\u201c1\u201d)\nWeek or Seven (\u201c7\u201d) Day notice period.<\/p>\n\n

24.3.                    \n<\/span><\/span><\/span>You acknowledge and accept that if you fail to\nDelete your Content and Delete\/close your account, PlayAware reserves all\nrights to close your account without any further notification to you from PlayAware.\nPlayAware WILL NOT at any time be accountable to you or any third party for the\nloss of any of your data\/Content that is removed from the Website in accordance\nwith this Section 25.3. You agree with this Article 25 and grant PlayAware\nthese rights.<\/p>\n\n

 <\/p>\n\n

25.   <\/span><\/span><\/span><\/b>Buy-Out<\/b><\/p>\n\n

25.1.                    \n<\/span><\/span><\/span>PlayAware reserves the right to sell its assets,\nincluding the Website.<\/p>\n\n

25.2.                    \n<\/span><\/span><\/span>In the event that PlayAware is acquired or\nbought out by another organization or individual:<\/p>\n\n

25.2.1.   \n<\/span><\/span><\/span>PlayAware shall inform its members of the event\nvia the Sign-in Page and a message shall be sent to all members\u2019 inbox in this\nregard.<\/p>\n\n

25.2.2.   \n<\/span><\/span><\/span>PlayAware shall ensure that your personal\ndetails are transferred in a confidential manner during the handover.<\/p>\n\n

25.2.3.   \n<\/span><\/span><\/span>PlayAware shall, to an extent that is\nreasonable, and while PlayAware holds the rights to PlayAware and www.PlayAware.com.au,\nprevent the sale of its members\u2019 personal information.<\/p>\n\n

25.2.4.   \n<\/span><\/span><\/span>PlayAware shall not be held accountable for any\ndecisions, changes or actions taken by the buyer\/ new owner of the Website.<\/p>\n\n

 <\/p>\n\n

26.   <\/span><\/span><\/span><\/b>Force Majeure<\/b><\/p>\n\n

26.1.                    \n<\/span><\/span><\/span>PlayAware is not responsible for any failures,\ndelays beyond reasonable control, of the Website, Products, Services or\nfeatures, including those of third-party<\/span>\nvendors in the event of unforeseen circumstances, including:<\/p>\n\n

26.1.1.   \n<\/span><\/span><\/span>Acts of God, including fire, flooding,\nearthquakes, hurricanes\/cyclones, tropical storms, or other natural disasters;<\/p>\n\n

26.1.2.   \n<\/span><\/span><\/span>War, riots, embargoes, acts of civil or military\nauthority, or terrorism;<\/p>\n\n

26.1.3.   \n<\/span><\/span><\/span>Strikes, or shortages in transport, facilities,\nfuel, energy, labour<\/span>, materials, or\ninfrastructure;<\/p>\n\n

26.1.4.   \n<\/span><\/span><\/span>Failure of telecommunications or information\nservice infrastructure;<\/p>\n\n

26.1.5.   \n<\/span><\/span><\/span>Hacking, Spam, or any failure of a computer,\nserver, network or software.<\/p>\n\n

27.   <\/span><\/span><\/span><\/b>Disputes<\/b><\/p>\n\n

27.1.                    \n<\/span><\/span><\/span>PlayAware attempts to provide a clear set of\nguidelines, transparency and terms and privacy policies to avoid the occurrence\nof any disputes between you and PlayAware.<\/p>\n\n

27.2.                    \n<\/span><\/span><\/span>You acknowledge and agree that by using the\nWebsite, products, Services or features, you are bound by these terms of use.<\/p>\n\n

27.3.                    \n<\/span><\/span><\/span>You further agree that should any dispute arise\nyou will follow PlayAware\u2019s dispute resolution procedure.<\/p>\n\n

27.4.                    \n<\/span><\/span><\/span>Litigation\nElection<\/b><\/p>\n\n

27.4.1.   \n<\/span><\/span><\/span>You acknowledge that either party (you or PlayAware)\nmay choose to litigate the following type of case or controversy:<\/p>\n\n

27.4.1.1.         \n<\/span><\/span><\/span>An action seeking injunctive relief,<\/p>\n\n

27.4.1.2.         \n<\/span><\/span><\/span>Or, an action seeking compliance with this\ndispute resolution process.<\/p>\n\n

27.4.2.   \n<\/span><\/span><\/span>Negotiation<\/b><\/p>\n\n

27.4.2.1.         \n<\/span><\/span><\/span>Each party will allow the other party a\nreasonable amount of time to comply. No claims regarding non-compliance of this\nagreement shall be made until this reasonable time period has elapsed. The\nparties will first contact each other via a reasonable mode, either email,\nphone or meeting and will negotiate with each other in good faith to try and\nresolve all disputes between the parties arising out of the Website.<\/p>\n\n

27.4.3.   \n<\/span><\/span><\/span>Mediation<\/b><\/p>\n\n

27.4.3.1.         \n<\/span><\/span><\/span>In the instance that the parties are unable to\nsettle the dispute arising out of or relating to the Website, through\nnegotiation after a 45 day period, either party may, by notice to the other\nparty and the International Institute of Conflict Prevention and Resolution\n(\u201cCPR\u201d), demand mediation under the Mediation Procedure of CPR.<\/p>\n\n

27.4.3.2.         \n<\/span><\/span><\/span>Meditation will take place in Sydney, New South\nWales, Australia.<\/p>\n\n

27.4.3.3.         \n<\/span><\/span><\/span>Each party will bear its own costs in mediation\nand the parties will share equally between them all 3rd<\/sup> party\nmediation costs,<\/span> unless the parties agree\nnot to in writing.<\/p>\n\n

27.4.3.4.         \n<\/span><\/span><\/span>Each party will participate actively and\nconstructively in mediation proceedings once they commence and will attend at\nminimum one joint meeting between the mediator and the parties.<\/p>\n\n

27.4.3.5.         \n<\/span><\/span><\/span>You understand and agree that any party may\nterminate mediation at any time after an initial meeting between the mediator\nand the parties.<\/p>\n\n

27.4.4.   \n<\/span><\/span><\/span>Arbitration<\/b><\/p>\n\n

27.4.4.1.         \n<\/span><\/span><\/span><\/b>Procedure<\/b><\/p>\n\n

27.4.4.1.1.    \n<\/span><\/span><\/span>In the event that the parties cannot settle a\ndispute through mediation, the parties will settle any unresolved dispute\narising out of or relating<\/span> to the Website\nby arbitration in any competent court in Sydney, New South Wales, Australia. <\/p>\n\n

27.4.4.1.2.    \n<\/span><\/span><\/span>You agree to submit to the personal jurisdiction\nof these courts for the purpose of litigating any<\/span>\nsuch claim and that the laws of Sydney, New South Wales, Australia will govern\nthese Terms and any claim(s), without regard to conflict of law provisions.<\/p>\n\n

27.4.4.2.         \n<\/span><\/span><\/span><\/b>Confidentiality<\/b><\/p>\n\n

27.4.4.2.1.    \n<\/span><\/span><\/span>You acknowledge and agree that neither party\nwill disclose the existence, content, or results of any arbitration under this\nagreement without the advance written consent of both parties,<\/span> unless required by law.<\/p>\n\n

28.   <\/span><\/span><\/span><\/b>Limited Liability<\/b><\/p>\n\n

28.1.                    \n<\/span><\/span><\/span>PLAYAWARE, ITS AFFILIATES AND OTHER THIRD\nPARTIES MENTIONED ON THE WEBSITE, ITS SERVICES OR FEATURES WILL UNDER NO\nCIRCUMSTANCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES,\nINCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF DATA, CONTENT,\nSOFTWARE, PROGRAM(S), LOSS OF PROFITS, INTERRUPTION OF SERVICES, INTERRUPTION\nOF SYSTEM PROCESSES, INTERRUPTION OF BUSINESS, INJURY OR DEATH ARISING FROM THE\nUSE OF THE WEBSITE, ITS SERVICE AND\/OR FEATURES, THE OUTCOME OF USE OR THE\nINABILITY TO USE THIS WEBSITE, ITS SERVICES AND\/OR FEATURES, THE WEBSITE(S) AND\nSERVICE(S) OF ANY THIRD PARTY LINKED TO THIS WEBSITE, THE CONTENT OF SUCH\nSITES, WHETHER BASED ON WARRANTY\/GUARANTY, CONTRACTS OR ANY SUCH LEGAL THEORY\nAND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS AND\/OR DAMAGES.<\/p>\n\n

28.2.                    \n<\/span><\/span><\/span>PLAYAWARE IS NOT LIABLE FOR ANY LOSS OR DAMAGE\nTO YOUR AND\/OR ANY WEBSITE MEMBER(S)\u2019 EQUIPMENT, COMPUTER SYSTEMS, DATA AND\/OR\nCONTENT THAT MAY RESULT FROM THE USE OF THIS WEBSITE, ITS SERVICES AND\/OR ITS\nFEATURES.<\/p>\n\n

28.3.                    \n<\/span><\/span><\/span>YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY, DEFEND\nAND HOLD PlayAware, ITS AFFILIATES AND LICENSORS INNOCENT FROM AND AGAINST ALL\nLOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS\u2019 FEES,\nOTHER LEGAL FEES, ARISING OUT OF OR RELATING TO ANY MISUSE OR BREACH BY YOU OF\nTHE WEBSITE, ITS SERVICES AND\/OR FEATURES OR THE TERMS PROVIDED BY PLAYAWARE.<\/p>\n\n

28.4.                    \n<\/span><\/span><\/span>CERTAIN JURISDICTIONS MAY NOT ALLOW THE\nEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU FALL\nWITHIN SUCH JURISDICTION, YOU UNDERSTAND THAT YOU ARE ACCESSING THE WEBSITE,\nITS SERVICE AND\/OR FEATURES AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOU\nARE SOLELY RESPONSIBLE FOR YOUR OWN DECISION(S)\/CHOICES AND PLAYAWARE SHALL NOT\nBE HELD LIABLE UNDER THIS SECTION 28.4.<\/p>\n\n

28.5.                    \n<\/span><\/span><\/span>AS STATED IN THIS ARTICLE 28, ABOVE, THE\nLIMITATIONS ON PLAYAWARE\u2019S LIABILITY TO YOU SHALL APPLY REGARDLESS OF WHETHER PLAYAWARE\nHAS BEEN MADE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH\nLOSSES OR DAMAGES ARISING.<\/p>\n\n

28.6.                    \n<\/span><\/span><\/span>PLAYAWARE RESERVES ALL RIGHTS TO DENY\nMEMBERSHIP, ACCESS TO ITS WEBSITE, ITS SERVICES AND FEATURES TO ANYONE.<\/p>\n\n

 <\/p>\n\n

29.   <\/span><\/span><\/span><\/b>Exclusion of Damages; Exclusive Remedy<\/b><\/p>\n\n

29.1.                    \n<\/span><\/span><\/span>Unless caused by gross negligence or intentional\nmisconduct, PlayAware, its directors, officers, employees, agents,\nsubsidiaries, affiliates, licensors, content providers, and service providers\nwill not be liable to you for any direct, indirect, special (including\nso-called consequential damages), statutory, punitive, or exemplary damages\narising out of or relating to your access or your inability to access the\nWebsite or the content. This exclusion applies regardless of theory<\/span> of liability and even if you told PlayAware\nabout the possibility of these damages or PlayAware knew or should have known\nabout the possibility of these damages.<\/p>\n\n

29.2.                    \n<\/span><\/span><\/span>PlayAware, its directors, officers, employees,\nagents, subsidiaries, affiliates, licensors, content providers, and service\nproviders will not be liable to you for any damages for (1) personal injury,\n(2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss\nof profits, (6) loss of business or anticipated savings, (7) loss of use, (8)\nloss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer\nfailure related to your access of or your inability to access the Website or\nthe content. This exclusion applies regardless of theory<\/span> of liability and even if you told PlayAware about the possibility\nof these damages or PlayAware knew or should have known about the possibility\nof these damages.<\/p>\n\n

29.3.                    \n<\/span><\/span><\/span>If you are dissatisfied with the Website or have\nany other complaint, your exclusive remedy is to stop using the Website. The\nmaximum liability of PlayAware and its directors, officers, employees, agents,\nsubsidiaries, affiliates, licensors, content providers, and service providers\nto you for any claim will not exceed the greater of $25 and the amount you have\npaid to PlayAware for the applicable purchase out of which liability arose even\nif the remedy fails of its essential purpose.<\/p>\n\n

 <\/p>\n\n

30.   <\/span><\/span><\/span><\/b>Disclaimer<\/b><\/p>\n\n

30.1.                    \n<\/span><\/span><\/span>PLAYAWARE DOES NOT GUARANTEE\/WARRANT THE\nACCURACY, VALIDITY, COMPLETENESS, FRESHNESS OF THE INFORMATION AND SERVICES\nAVAILABLE ON THE WEBSITE, ITS SERVICES AND FEATURES. PLAYAWARE HAS NO\nOBLIGATION TO UPDATE THE CONTENT, SERVICES AND\/OR FEATURES AVAILABLE VIA THE WEBSITE\nAND HAS NO OBLIGATION TO ENSURE THE ACCURACY, VALIDITY, COMPLETENESS, AND\nFRESHNESS OF THE CONTENT, INFORMATION AND SERVICES AVAILABLE ON THE WEBSITE,\nITS SERVICES AND FEATURES. FURTHERMORE<\/span>,\nTHE CONTENT, INFORMATION, SERVICES AND\/OR FEATURES AVAILABLE VIA THE WEBSITE\nMAY NOT BE AVAILABLE IN ALL GEOGRAPHIC REGIONS AND PLAYAWARE HAS NO OBLIGATION\nTO MAKE SUCH CONTENT, SERVICES AND\/OR FEATURES AVAILABLE IN SUCH GEOGRAPHIC\nREGIONS. <\/p>\n\n

30.2.                    \n<\/span><\/span><\/span>THE VIEWS AND OPINIONS EXPRESSED OR POSTED\nWITHIN THIS WEBSITE ARE THE VIEWS OF THE RESPECTIVE WRITERS AND DO NOT\nNECESSARILY REFLECT THE VIEWS AND OPINIONS OF PLAYAWARE.<\/p>\n\n

30.3.                    \n<\/span><\/span><\/span>YOU AGREE WITH AND ACCEPT THIS ARTICLE 30 AS\nFAIR AND APPROPRIATE.<\/p>\n\n

 <\/p>\n\n

 <\/p>\n\n

31.   <\/span><\/span><\/span><\/b>Contact Information<\/b><\/p>\n\n

31.1.                    \n<\/span><\/span><\/span>Email: <\/b>info.playaware@clubs4fun.com.au<\/a><\/b><\/p>\n\n

31.2.                    \n<\/span><\/span><\/span>Address: <\/span><\/b>Clubs 4 Fun Pty Ltd.<\/p>\n\n

<\/span>629 Kingsway, Miranda,<\/p>\n\n

<\/span>Sydney, NSW 2228, Australia<\/p>\n\n

 <\/b><\/p>\n\n

32.   <\/span><\/span><\/span><\/b>Other Important Policies<\/b><\/p>\n\n

32.1.                    \n<\/span><\/span><\/span><\/span>Privacy Policy<\/a><\/span><\/p>\n\n

32.2.                    \n<\/span><\/span><\/span><\/span>Cookie Policy<\/a><\/span><\/p>\n\n

Updated<\/b>: 16-09-2019<\/p>\n\n<\/div>\n","protected":false},"excerpt":{"rendered":"

1.       Introduction PlayAware (the \u201cWebsite\u201d, \u201cPortal\u201d, \u201cWe\u201d, \u201cUs\u201d, \u201cOur\u201d), welcomes you to www.PlayAware.com.au (the \u201cWebsite\u201d). Please read the following Terms of Use Agreement (the \u201cTerms\u201d) carefully, as this is a legal agreement between you and PlayAware that governs your access to and use of the Website and Services. Your access to the Website is on […]<\/p>\n","protected":false},"author":8,"featured_media":0,"parent":0,"menu_order":101,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"off","_et_pb_old_content":"\n

1. Introduction<\/strong><\/p>\n\n\n\n

Welcome to PlayAware\u2019s (the \u201cWebsite\u201d, \u201cWe\u201d, \u201cUs\u201d, \u201cOur\u201d) Privacy Policy.<\/p>\n\n\n\n

PlayAware is committed to protecting your privacy and personal data while you use www.playaware.com.au (the \u201cWebsite\u201d). The following Privacy Policy will inform you as to what kind of information we collect, how we may use it and how it is stored, when you visit our Website. This policy applies regardless of where you visit from and informs you of your privacy rights and how you are protected.<\/p>\n\n\n\n

To make the policy easy to understand, we have provided a section for definitions, where legal and technical terms are explained.<\/p>\n\n\n\n

The following Articles are covered under our Privacy Policy:<\/p>\n\n\n\n

  1. Important Information<\/li>
  2. Definitions<\/li>
  3. The Data We Collect About You<\/li>
  4. How (Your) Personal Data is Collected
    1. Direct Interactions
      1. Contact Forms<\/li>
      2. Subscriptions<\/li>
      3. Website Memberships<\/li>
      4. Purchases<\/li><\/ol><\/li>
      5. Automatic Data Collection
        1. Cookies<\/li>
        2. Web Beacons<\/li><\/ol><\/li>
        3. Third Party and\/or Publicly Available Sources
          1. Analytics<\/li>
          2. Payment Processors<\/li>
          3. Social Media<\/li>
          4. Google<\/li><\/ol><\/li><\/ol><\/li>
          5. Our Use of Your Personal Data<\/li>
          6. Disclosures of Your Personal Data<\/li>
          7. International Data Transfers and Storage<\/li>
          8. Security of Your Personal Information<\/li>
          9. Do Not Track Policy and Opt-Outs<\/li>
          10. Your Legal Rights<\/li><\/ol>\n\n\n\n
            1. Important Information<\/strong>
              1. Preface<\/strong>
                1. The following Privacy Policy applies to the Website of PlayAware. The Privacy Policy covers the treatment of PlayAware Website Users & Members personal data and information, which may be collected at various points across the Website.<\/li>
                2. This Privacy Policy document outlines the types of personal information that is received and collected by PlayAware and how it is used.<\/li>
                3. It is highly recommended that you read this Privacy Policy before proceeding to use the Website, Products, Services and \/or Features provided by PlayAware.<\/li>
                4. This Privacy Policy is available to view via the \u201cPrivacy\u201d link, which can be found throughout the Website.<\/li><\/ol><\/li>
                5. The language of Privacy Policy<\/strong>
                  1. The Privacy Policy may be available in languages other than English. In the event that other language versions of the Privacy Policy conflict with one another and\/or with the English Privacy Policy, then the English Privacy Policy stands final and BINDING.<\/li><\/ol><\/li>
                  2. Changes to the Privacy Policy<\/strong>
                    1. PlayAware reserves all rights to amend the Privacy Policy that prevail across this Website. This may be done on a regular basis or as the need emerges, as per the sole discretion of PlayAware.<\/li>
                    2. As and when amendments are made to the Privacy Policy, PlayAware will post the revised Privacy Policy on its website www.playaware.com.au (the \u201cWebsite\u201d) and via links available throughout the Website.<\/li>
                    3. You accept and agree that if you continue to use the Website, its Services and features after the date on which the Privacy Policy has been amended\/ updated, your use of the Website, its Services and features will be treated as a form of your acceptance to the revised Privacy Policy.<\/li>
                    4. As the Privacy Policy may be amended from time to time, it is highly recommended that you visit the Privacy Policy page periodically to intimate yourself on the latest (then current) policies.<\/li><\/ol><\/li>
                    5. Accepting the Privacy Policy<\/strong>
                      1. This Privacy Policy applies to all users of the Website, whether you are a \u201cVisitor\u201d, \u201cUser\u201d, or a \u201cRegistered Member\u201d.<\/li>
                      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.<\/li>
                      3. If you do not want to accept this Privacy Policy or the Terms<\/a> of Use, you MUST LEAVE THE WEBSITE<\/a>.<\/li>
                      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.<\/li>
                      5. You may not use this Website, its services and or features if:
                        1. You do not agree with or Accept the Terms of Use<\/a><\/li>
                        2. You do not agree with or Accept this Privacy Policy<\/li>
                        3. You are not of legal age to enter into this agreement with PlayAware<\/li>
                        4. 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.<\/li><\/ol><\/li><\/ol><\/li><\/ol><\/li><\/ol>\n\n\n\n

                          2. Definitions<\/strong><\/p>\n\n\n\n

                          1. The \u201cWebsite<\/strong>\u201d \u2013 The website of PlayAware, its functionality, features, design, technology, domain(s) www.playaware.com.au<\/a>.<\/p>\n\n\n\n

                          2. The \u201cTerms<\/strong>\u201d \u2013 The Terms of Use<\/a> that govern this Website, its Services and features.<\/p>\n\n\n\n

                          3. \u201cAffiliates<\/strong>\u201d and \u201cThird Parties<\/strong>\u201d \u2013 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.<\/p>\n\n\n\n

                          4. The \u201cContent<\/strong>\u201d \u2013 Data, Information, Text files, Audio, Music files, Software(s), or other Sounds, Images, Photographs, Videos or similar \u2013 that is uploaded to the Website.<\/p>\n\n\n\n

                          5. \u201cServices<\/strong>\u201d \u2013 Web Pages, Features, Software and Products and\/or Services provided on the website or otherwise.<\/p>\n\n\n\n

                          6. \u201cEssential Communications<\/strong>\u201d \u2013 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.<\/p>\n\n\n\n

                          7. \u201cNon-Essential Communications<\/strong>\u201d \u2013 Any form of promotional or marketing communications, offers, updates, blog posts, newsletters and product\/service suggestions sent to you by PlayAware.<\/p>\n\n\n\n

                          1. The Data We Collect About You<\/strong>
                            1. To provide you with various features and functionality while using the Website, we must process certain information about you. Additionally, to provide you with products, services, self-assessments, answer your questions, take bookings, provide Blog and Newsletter services, we must process certain information about you. The following sections will explain what data is collected, and how it is used.<\/li>
                            2. Personal Data or Personal Information means any information about an individual from which that person can be identified. It does not include data where the identity of the person has been removed. Data from which the person\u2019s identity has been removed is referred to as Anonymous Data.<\/li>
                            3. We may collect, store, use and transfer different kinds of personal data about you as follows:
                              1. Identity Data<\/strong> \u2013 This includes First Name, Last Name, Username or similar identifier(s).<\/li>
                              2. Contact Data<\/strong> \u2013 This includes Email Addresses, Phone Number(s), Mobile Number(s), Billing Address and Shipping Address.<\/li>
                              3. Financial Data<\/strong> \u2013 This includes Bank Account(s), Payment Card Details. This information is collected via third-party payment gateways that include: PayPal and Square, and as such we DO NOT STORE ANY FINANCIAL DATA.<\/li>
                              4. Transaction Data<\/strong> \u2013 This includes details about payments to and from you, Purchase History, including products and\/or services you have purchased from Us.<\/li>
                              5. Technical Data<\/strong> \u2013 This includes IP (Internet Protocol) Address, Your Login Data, Browser Type and Version, Device, Time Zone and Location, Browser Plug-Ins and their Versions, Internet Service Provider, Operating System.<\/li>
                              6. Profile Data<\/strong> \u2013 This includes your Username, Password, Purchases and\/or Order you have made through the Website, Your Interests, Preferences, Feedback, and Survey Responses.<\/li>
                              7. Usage Data<\/strong> \u2013 This includes information about how you use or interact with the Website and\/or Products and Services and Features.<\/li>
                              8. Marketing & Communications Data<\/strong> \u2013 This includes your preferences for receiving marketing material from us and your communication preferences.<\/li>
                              9. Aggregated Data<\/strong> \u2013 This is data that is stripped of any personal identifying information and is as such known as anonymous data. This may include statistical information, including demographic data, which may be used for purposes to help enhance user experience and help us understand our audiences better. It may also include the reponses to the Self-Assessment quizzes made available to you, including the Social Gaming Use Quiz and the Check Your Gambling Level quiz. If we connect such data back to you so it is identifiable as your data, then we treat it as your personal data and use it in accordance with this Privacy Policy.<\/li><\/ol><\/li>
                              10. If You Fail To Provide Personal Data<\/strong>
                                1. If we a required to collect your personal data by law, or in order under the terms of a contract (to answer a question you may have, respond to a comment you may have, take and\/or confirm a booking or an order for a product and\/or services, or provide you with information, product(s) or service(s)), and you fail to provide the required personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you and a s a result, we may not be able to provide you with the product, service or functionality. In this scenario, we may have to cancel the service\/order\/product\/features\/functionality you are trying to access with us, but we will notify you if this is the case at the time, where reasonable.<\/li><\/ol><\/li><\/ol><\/li>
                                2. How (Your) Personal Data is Collected<\/strong>
                                  1. We use various methods of collecting data from you and about you at various points. These include:
                                    1. Direct Interactions<\/strong> \u2013 Direct interactions include the completion of any form on the Website, including the Self-Assessment Quizzes. These forms may collect personal data pertaining to your Identity, Contact Information, Financial Data (transaction history and records), behavioural data. This information may be collected via forms on the Website and\/or corresponding with us via post, email, phone or other means.<\/li><\/ol><\/li><\/ol><\/li><\/ol>\n\n\n\n

                                      Direct interactions include:<\/p>\n\n\n\n

                                      1. Contact Forms<\/li>
                                      2. Self-Assessment Quizzes
                                        1. Social Gaming Use Quiz<\/li>
                                        2. Check Your Gambling Level Quiz<\/li><\/ol><\/li>
                                        3. Booking Request Forms<\/li>
                                        4. Product\/Service Order Forms<\/li>
                                        5. Product\/Service Purchase Process (Checkout)<\/li>
                                        6. Member Registration Forms<\/li>
                                        7. Blog and Newsletter Subscription Forms<\/li>
                                        8. Contests and Competition Entry\/Participation Forms<\/li>
                                        9. Request for Marketing Communication to be Sent to You<\/li>
                                        10. Feedback Forms<\/li>
                                        11. Testimonial\/Review Forms<\/li>
                                        12. Surveys<\/li><\/ol>\n\n\n\n
                                          1. Automatic Data Collection<\/strong> - Automatic Data Collection includes information that is collected by web technologies to help provide you with a seamless experience on the Website. This data is collected as you interact with the Website and may include information about your browsing behaviour and patterns (while on the Website), the device, software and telecommunications infrastructure you are using to access the Website. We may also receive Technical Data about you if you visit other websites that use our cookies. Please refer to our Cookie Policy<\/a> for more information.<\/li><\/ol>\n\n\n\n

                                            Automatic Data Collection includes:<\/p>\n\n\n\n

                                            1. Cookies<\/li>
                                            2. Server Logs<\/li>
                                            3. Web Beacons<\/li>
                                            4. Other Similar Technologies<\/li><\/ol>\n\n\n\n

                                              These data collections may capture information including:<\/p>\n\n\n\n