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Terms & Conditions

Playt Website and Mobile Application Terms of Use

Playt Pty Ltd ACN 618 010 763 (Playt, we, our or us) is the owner and operator of the website at www.playt.com (Website) and the Playt Mobile Application (together and separately the Platform).

  1. Acceptance of these Terms of Use

These Terms govern the use of this Platform.

We may vary these Terms at any time, without notice, by displaying the amended Terms on the Platform.  You should review the Terms each time you use the Platform.

By accessing and using the Platform, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your agreement to be bound by the Terms.

  1. Privacy

Any personal information you provide to us using the Platform will be handled by us in accordance with our Privacy Policy.

All other information (including suggestions, ideas, concepts, data, know-how) you send to us using the Platform, is our property once received.   We may use that information for any purpose, including development of products and services, marketing and promotional activities.

  1. Accounts and security of information

Certain features or services offered through the Platform may require you to register to become a member (including setting up a member ID and password) (Account).  You are entirely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under your Account (whether or not it has been authorised by you), which, for the purpose of these Terms, is deemed to be activity by you.

We do not handle any payments made through or in connection with the Platform.  Any payments made will be processed via a third party payment gateway, including Woolworths payment gateway or Stripe.  We make no representations or warranties about the security of these third party payment services. You transmit data using the payment gateway and the Platform entirely at your own risk.

  1. Orders and delivery

Unless otherwise specified, you acknowledge and agree that when placing an order for products using the Platform, you are authorising the purchase and delivery (where applicable) of those products from a third party.  We are not the seller of the products to you, and you may be required to agree to separate terms and conditions with those third parties before such orders will be accepted.

We make no representations or warranties in respect of the sale and/or delivery of products from third parties.

  1. Intellectual property

We own or are licensed to use all intellectual property rights in the Platform (including in all underlying source code) and in the content of the Platform (including all text, trade marks, logos, images and graphics).  Users of the Platform do not obtain any licence or other interest in that intellectual property.  Nothing in these Terms or on the Platform should be construed as providing such consent.

You may view content or print a copy of material on the Platform for your personal, non-commercial use, provided that you do not modify the content in any way.

You must not otherwise copy, adapt, reproduce, publish or distribute content found on the Platform in any form without prior written permission from us (unless otherwise permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location).  You must not frame any of the content of the Platform or incorporate it into any other website or mobile application.

  1. Third party content and links

The Platform may include links to third party websites.  Such links do not indicate a relationship between those third parties and us, nor endorsement by us of such third parties, their products, advertisements, offers, services or websites.  Use of such links is entirely at your own risk and is subject to the terms of those third party websites.

  1. No warranty

To the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law:

  • we do not warrant the accuracy or completeness of the Platform’s content, and the Platform content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk;
  • we will have no liability in relation to any loss or damage that you incur arising from your use of the Platform or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Platform or transmissions by any user in contravention of these Terms); and
  • we do not warrant that your access to the Platform or any part of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or the server(s) that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
  1. Your indemnity

You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Platform or any breach of these Terms by you.

  1. Our liability and indemnity

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Platform.

If a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded.  However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
  1. General

You must not use the Platform for any unlawful purpose.

You warrant that all communications and information provided by you using this Platform are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights.  You further warrant that our use of that information in accordance with these Terms will not infringe the rights of any third party.

You must not (and must not attempt to) interfere with the working of the Platform or otherwise breach or circumvent any security or authentication measures of the Platform or any other system, network or server connected to the Platform.

We may terminate your access to the Platform at any time without notice.

If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.

These Terms are governed by the laws in force in South Australia, Australia.  You submit to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.

If you have any questions or comments regarding the Website, these Terms or our products or services please contact us at support@playt.com