TERMS OF SERVICE
Last Modified: 31 December 2016
1. Your Acceptance
These Terms of Service govern your use of the PlayBiz website (www.playbiz.com.au) (Site) and any services provided to you by PlayBiz (Services). By using the Site or agreeing to the Services, you are deemed to have accepted and agreed to be bound by these Terms of Service (Terms).
These Terms and our Privacy Policy form your entire agreement with us with respect to the provision of the Services to you and your use of the Site.
Throughout these Terms, the words “PlayBiz”, “us”, “we”, and “our”, refer to PlayBiz Pty Ltd, the Site or any Services, as is appropriate in the context of the use of the words.
We may amend these Terms from time to time and will provide a month’s notice of material changes to these Terms on the Site. If you do not agree to the Terms or the Privacy Policy please cease using our Site and Service immediately.
Users must be 18 years or older to purchase any of our products or Services.
2. Seeking Professional Advice
The Services do not diagnose, treat, alleviate, manage or relieve any medical or developmental conditions. All content created by PlayBiz is general in nature and for information and educational purposes only. Any statements listed on our Site have not been evaluated by any other national or international agencies.
The Services and any Site content are not intended as a substitute for the advice provided by your physician or other allied healthcare professional. You should always speak with your physician or other allied healthcare professional if you have concerns or seek tailored services. Never disregard, avoid, or delay obtaining medical or allied health advice from your doctor or other qualified health
care provider because of something you have read on our Site.
3. Developmental Information
Developmental information provided on the Site and through the Services is based on clinical experience and general in nature. Before relying on any developmental information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information for your specific circumstances, purposes and developmental particularities. You should also consider whether you need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your specific purposes. We cannot guarantee that any information on our Site or contained in the Services will achieve your desired results.
4. User Accounts
PlayBiz may assign you a password and account information in order to enable you to access and use
certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site. All such access must be consistent with these Terms.
PlayBiz has no obligation to investigate the authorisation or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorised by you, including without limitation, all communications and transmissions and all
obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify PlayBiz of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.
5. Payment
In order to purchase any PlayBiz products you will be required to provide us with your credit card information. Please be aware that all credit card information will be shared with our third party payment processors, such as PayPal. By ordering a PlayBiz product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at admin@playbiz.com.au
The prices for Services provided under these Terms will be as set out on the Site at the time you apply for the services.
All prices are in Australian dollars (AUD) unless otherwise stated and inclusive of GST.
6. GST
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act. Unless otherwise stated, any amount specified in these Terms or the Site as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these Terms.
You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
7. Refunds
Subject to any applicable law, cancellation and refund of PlayBiz memberships will only be considered in extenuating circumstances. Cancellation of memberships is at the sole discretion of PlayBiz.
If you are unable or unwilling to make use of your membership and access the Services after the commencement, we are unable to defer the start of your membership.
8. Service
After processing your payment, you will be granted access to the exclusive members only sections of the Site, which lasts for a period of three (3) months. You may opt to extend this period by renewing your membership for an additional fee.
9. Modification of Service
We reserve the right to, in our sole discretion, alter, update, or remove our Service at any time. We may do so for security reasons, intellectual property or other legal reasons, or any other reason which we deem appropriate.
10. Our Licence Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited licence to use our Service and access our Site. This means you may not resell our Service or Site content, share your licence to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service or Site content.
This licence may be terminated if you violate these Terms or our Privacy Policy. Additionally, this licence may be terminated if you are engaged in any act or omission that may in PlayBiz’s sole opinion, damage the rights or reputation of PlayBiz, or if your acts or omissions are in violation of any applicable laws.
11. Use of PlayBiz
You are responsible for your use of the Site and Services and for any use made using a device belonging to you or using your membership account with us.
You also agree that your use of the Site and Services is for personal, non-commercial use.
You agree not to access, copy, or otherwise use the Site or Services, including our intellectual property and any trademarks, except as authorised by these Terms of Service or as otherwise authorised in writing by PlayBiz.
You agree not to use the Site or Services to:
a. copy, distribute or disclose any part of the Site or the Service in any medium, including
without limitation by any automated or non-automated “scraping”;
b. attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
c. take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
d. collect or harvest any personally identifiable information, including account names, from the Service;
e. stalk, harass, bully or harm another individual who uses our Site or Service;
f. upload, post, transmit or otherwise make available any material that:
g. infringe the intellectual property or other rights of another person;
h. include an image or personal information of another person unless you have their consent
in writing;
i. post content that is, or could reasonably be suspected to be, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, inaccurate, false, misleading or deceptive;
j. post large amounts of untargeted, unwanted or repetitive content;
k. post any kind of financial, legal, medical or other professional advice;
l. impersonate any person or entity or misrepresent your affiliation with a person or entity;
m. hold PlayBiz responsible for your use of our Site;
n. violate any requirements, procedures, policies or regulations of networks connected to PlayBiz;
o. interfere with or disrupt the Site or Service;
p. hack, spam or phish us or other users;
q. violate any law or regulation;
r. cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and
s. upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you believe that a user has breached any of the above conditions, please contact us at admin@playbiz.com.au
We reserve the right to refuse service, block or suspend any user of the Site, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Site by any user, without prior notice and at our sole discretion. No further correspondence shall be entered into.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, “Affiliates”) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
12. Site Availability
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for any user for violating these Terms of Service or the Privacy Policy.
13. Intellectual Property Rights and License Grant for your Content
The design of the Site and Service content along with PlayBiz-created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PlayBiz Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.
PlayBiz reserves all rights to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
14. Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the Site, or use any data mining robots or other extraction tools in relation to the Site, without our prior written authorisation.
You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.
The Site may contain links to or display the content of third parties (“Third Party Content”), including links to websites operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
15. Disclaimers
Your use of this Site is at your risk. The information, materials and services provided on or through this Site are provided “as is” and are general in nature.
Neither PlayBiz nor any of their respective affiliates warrant the accuracy, suitability, appropriateness or completeness of the information, materials or Services provided on or through this Site. Although the information provided aims to help in your child’s development, using our products or information may not give you the results you desire or may cause negative health consequences if not used appropriately.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties, conditions and claims of any kind, either express or implied, including, any implied warranties with respect to the products and Services listed or purchased on or through this Site. Except for the purposes of any “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (“Consumer Act”), we hereby expressly disclaim all liability, loss and claims arising from your use of our Service or products, product or Service misuse, abuse, product or Service modification, improper product or Service selection, non-compliance with any codes, or misappropriation.
By accessing our Site, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Site or by any Third Party Content or Third Party Website.
In regards to any breach or failure to comply with any “consumer guarantees”, we will comply with minimum statutory obligations under the Consumer Act to remedy that failure.
16. Limitations and Liability
To the extent permitted by law, PlayBiz, or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Site or Services is not liable to you for any loss or damage incurred by you in connection with your use of the Site or Services, whether direct, consequential, special, indirect or other loss or damage.
In any event, Playbiz’s maximum liability to you is limited to the value of the subscription fees paid within the previous twelve months.
17. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless PlayBiz, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
a. Your use of and access to the z Site and Service;
b. Your violation of any term of these Terms of Service;
c. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
d. Any claim that any of your content caused damage to a third party.
18. Privacy and Child Protection
PlayBiz operates the Site and Services in accordance with the terms of PlayBiz Privacy Policy. The terms of the Privacy Policy form part of these Terms.
19.Governing Law
These Term are governed exclusively by New South Wales law, and the Courts of New South Wales shall have exclusive jurisdiction to determine any such matters that may arise involving or alleged to involve PlayBiz.
20. Severability
In the event that any part of these Terms are found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
21. Non-Waiver
Our non-enforcement of any particular Term or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
22. Survival
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
23. Assignment
You may not assign your rights and/or obligations under these Terms to any other party
without our prior written consent.
24. Contact Information
If you have any questions or concerns about your order or if you have any questions about our Services do not hesitate to contact us. You may contact us by email at admin@playbiz.com.au