CLUBS 4 FUN PTY LTD offers casual casino-style and other games for mobile and other platforms. Any success with CLUBS 4 FUN products should not imply future success in real money gambling.
Neither Apple inc., Google, inc. is a sponsor of this application and neither is affiliated in any way with CLUBS 4 FUN PTY LTD
Special note on use of third-party trademarks and brands.
CLUBS 4 FUN has been granted certain rights, to use the brands of its partners and licensees.
CLUBS 4 FUN PTY LTD provides the service (as defined below) to you in consideration of your provision of information to CLUBS 4 FUN and use of our service.
Acceptance of terms
These terms of service (“terms”) are a legal agreement between you (“you” or “your”) and CLUBS 4 FUN. By downloading, installing play city application (the “application”) and using it in connection with other services provided by CLUBS 4 FUN or otherwise accessed through the use of the application (such services and the application collectively, the “service”) you agree that you have read, understood, accept and agree to be bound by these terms. If you do not agree to these terms, do not access or otherwise use the service or the application.
Important note: CLUBS 4 FUN reserves the right, in its sole discretion, to modify or change these terms at any time by posting the changes on or within the application or other parts of the service. Your continued use of the service following the posting of such changes constitutes your acceptance of the revised terms. CLUBS 4 FUN may use reasonable commercial efforts to provide notice of material changes to you. If the modified terms are not acceptable to you, you should immediately discontinue your use of the service. Continued use of the service by you will constitute your acceptance of the modified terms. You agree that CLUBS 4 FUN may change any part of the service, including its content, at any time or discontinue the service or any part thereof, for any reason, in accordance with these terms.
These terms apply to you if you use the service in the Australia and/or download the application from an app store in Australia. Any references to “applicable laws” shall be deemed to refer to the laws and regulations of Australia.
To use the full service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address and be a member of a registered club in Australia that is a licensee of play city. At our sole discretion, we may require proof that you meet this condition in connection with your use of the service. Failure to comply with this condition will result in the closing of your account and the loss of all virtual items and stars (each as defined below) accumulated through your use of the service. Access to the loyalty “stars” or “starz” is restricted to persons who are 18 years of age or older and a member of the registered club that is a licensee of play city. Therefore, if you use the service in connection with stars you represent and warrant that you are 18 years or older and a member of a licensed registered club. It is your responsibility to ensure that you meet the applicable eligibility requirements for any reward you purchase.
You may use limited functionality of the application anonymously, but in order to access and use the rest of the service (including, but not limited to accumulating, purchasing and redeeming loyalty stars, and playing of casino style and slot style games, you must create an account (“account”) with play city by way of authenticating you are a member of a licensed club. When you register through your authentication service’s login, you will be asked to login with your log-in credentials (“password”).
By creating an account with CLUBS 4 FUN you agree to the following rules to protect the security of your account to other authentication methods. For the purposes of these terms, references to your login shall include any account and account information, including usernames, passwords or security questions, whether or not created for the purpose of using the service, that are used to access the service:
(1) you shall not share your authentication login, nor let anyone else access your account or do anything else that might allow any person, other than yourself, to access play city.
(2) in the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of your authentication login, you will immediately notify CLUBS 4 FUN.
(3) you are solely responsible for maintaining the confidentiality of your authentication login, and you will be responsible for all uses of your authentication login, including purchases, whether or not authorized by you;
(4) you are responsible for anything that happens on the service through the use of your authentication login, whether or not such actions were taken by you. You therefore acknowledge that CLUBS 4 FUN may suspend your access to or terminate your use of the service if someone else uses it to engage in any activity that violates these terms;
(5) you undertake to monitor your authentication login to restrict use by minors, and you will deny access to anyone under the age of 18. You accept full responsibility for any unauthorized use of the service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument by minors.
Standard carrier data charges may apply to your use of the application.
Bonus coin giveaways
From time to time, play city application offers events where players can compete for a reward consisting solely of game coins. These events are not sponsored by Apple or Google Play.
From time to time during your use of the service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the service (together with virtual in-game items, “virtual items”). You do not in fact “own” the virtual items and the amounts of any virtual item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying”, or “purchasing” virtual items, you are granted a limited license to use the software programs that manifest themselves as the virtual items. The virtual items have no real-world value and cannot be exchanged for anything of real-world value. CLUBS 4 FUN prohibits and does not recognize any purported transfers of virtual items effectuated outside of the service, or the purported sale, gift or trade of anything that appears or originates in the service, unless otherwise expressly authorized by CLUBS 4 FUN in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game virtual items for real money, or exchange virtual items for value of any kind outside of a game, without CLUBS 4 FUN written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. You acknowledge and agree: (a) that CLUBS 4 FUN may change the price of virtual items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain virtual items may fluctuate, and (c) that CLUBS 4 FUN has no liability to you for any changes in the price of such virtual items and/or the amount of virtual points necessary to obtain virtual items. CLUBS 4 FUN reserves the right, without prior notification but where CLUBS 4 FUN considers it to be reasonably necessary, to limit the quantity of the virtual items you can purchase and/or to refuse to allow you to purchase such virtual items.
Except to the extent specified in the section “additional terms for specific jursidictions” if you are located in Australia, you acknowledge and agree that CLUBS 4 FUN shall have no liability for loss of virtual items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. CLUBS 4 FUN may replace such lost virtual items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. CLUBS 4 FUN owns, has licensed, or otherwise has rights to use all of the content that appears on or in the service, including all such content owned by our licensees. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the service, including without limitation the virtual items therein, whether “earned” in a game or “purchased” from CLUBS 4 FUN .
Loyalty stars (“Starz”)
You will have the opportunity to accumulate “star” through your use of the service. Stars are virtual in-game points that you can use to “purchase” rewards or other virtual items within the service. You do not in fact own the stars you accumulate and the amounts of any stars you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” stars, you are merely granted a limited license to use the software programs that manifest themselves as the stars. Except to the extent specified in the section “additional terms for specific jursidictions” if you are located in Australia, you acknowledge and agree that CLUBS 4 FUN shall have no liability for loss of stars due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. CLUBS 4 FUN may replace such lost stars at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. In the event CLUBS 4 FUN encounters issues with the game that impact the accumulation of stars and/or the redemption of vouchers, CLUBS 4 FUN reserves the right to correct any such errors.
Accumulating stars (“Starz”)
You may accumulate stars by taking certain actions while using the services. The service will notify you when your in-game actions have resulted in a change to your stars balance. Every player has the same opportunity to earn the same amount of stars for completing the same actions. CLUBS 4 FUN reserves the right to, at any time, change the formulae determining the amounts of stars accumulated for any action; such changes will be effective on a forward basis and not retroactively. Stars are not and will not be awarded or earned in any way related to or based upon chance, luck, or the outcome of any game you play during your use of the services. Notwithstanding any provision to the contrary herein, CLUBS 4 FUN reserves the right, without prior notification, to place restrictions and/or disable your accumulation of stars , and/or the mechanisms by which stars are accumulated.
Using stars (“Starz”)
You may exchange your accumulated stars for in-game virtual items in the service. You may also exchange your stars for rewards in the “rewards” area of the service.
Once you have exchanged stars for a reward, you are said to have “purchased” that reward. After purchasing your reward, you will have a limited period of time in which to complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A reward is considered “used” at the moment when it is consumed, e.g., when you claim a coffee at the licensed registered clubs café.
Rewards partners may, at their discretion, place restrictions on the usage of the rewards they offer in the service, e.g., a minimum age requirement, reward usage black-out dates, a limit as to the number and frequency of rewards that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program, which may exist independently of the service. Redemption of rewards are subject to the terms and provisions of the rewards provider.
Because the redemption period, redemption method, and other terms of rewards usage may vary, you must review the specific terms and conditions of each reward you purchase with your 1stars. CLUBS 4 FUN is not responsible for the terms and conditions of the rewards and bears no responsibility to you for any such unread, misread or misunderstood terms. Rewards may be curated based on geography and the selection and availability of rewards is subject to change without notice. CLUBS 4 FUN makes no guarantees as to the availability of any reward. For complete details and the terms, conditions and restrictions for any individual reward, please refer to the registered clubs that is play city licensee and the issuer of the voucher.
Stars have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any stars to any other party. Any attempt to do so will invalidate the stars and may result in the termination of your account.
Reward cancellations and refunds
Generally, you may not cancel, during the redemption period, and receive a full refund of the stars used to purchase it, any reward that you have purchased but not yet redeemed. Once you have redeemed a reward, you may no longer cancel that reward and you will not receive a refund of your stars. On rare occasions, a reward will “sell out” or otherwise become unavailable between the time you purchase it and the time you redeem it. If you are, within the redemption period, unable to redeem a purchased reward because of such unavailability, you will be eligible to receive a full refund of the stars used to purchase that reward. If you do not redeem or cancel a reward during that reward’s redemption period, the reward will expire. Your stars will not be refunded to you if you allow a purchased reward to expire. Some rewards are of such limited availability that our rewards partners may, in their sole discretion, deem them to be non-refundable. Non-refundable rewards do not have a redemption period and therefore may not be cancelled for a refund of stars after they are purchased. You are solely responsible for reading and understanding the refund terms and conditions of each reward you purchase.
Changes and other rewards terms
You must be 18 years of age or older, a financial member of the registered club that is a play city licensee at time of redemption of rewards.
Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any reward to any other party. Any attempt to do so will invalidate the reward and may result in the termination of your account.
If you do not use your account by logging in using the service at least once every 180 days, your account will be deemed inactive. When an account has been deemed inactive, CLUBS 4 FUN may, at its own discretion, expire any stars accumulated by you. Once your account is deemed inactive, any rewards which have been purchased but not yet redeemed may also be expired at the discretion of CLUBS 4 FUN. Although you can, at any time, reactivate your account by logging in and using the service after your account has been deemed inactive, your previous game status, including currency balances, levels, virtual items, and stars will not be restored upon such reactivation.
You may discontinue your use of the service and/or the application at any time. If you wish to delete your account with CLUBS 4 FUN, please contact us at email@example.com with details of your CLUBS 4 FUN user id, or other authentication methods, as appropriate. Please note that by requesting CLUBS 4 FUN to delete your account, all of the virtual items (including any stars) that you have accumulated will be lost. CLUBS 4 FUN is in no way liable to you for the effects of such deletion of your account on your use of the service or the virtual items or stars you have accumulated.
User content and feedback
The service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“user content”). CLUBS 4 FUN cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the service. CLUBS 4 FUN is not responsible for any user’s use, misuse or misappropriation of any content or information posted in any forums, blogs and chat rooms including, without limitation, your use, misuse, or misappropriation, or any information a user may provide to any service provider or other users. By making available any user content through the service, you hereby grant to CLUBS 4 FUN a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user content only on, through or by means of the service. CLUBS 4 FUN does not claim any ownership rights in any such user content and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit any such user content. You acknowledge and agree that you are solely responsible for all user content that you make available through the service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all user content that you make available through the service or that you have all rights, licenses, consents and releases that are necessary to grant to CLUBS 4 FUN the rights in such user content as contemplated under these terms; and (ii) neither the user content nor your posting, uploading, publication, submission or transmittal of the user content or CLUBS 4 FUN ‘ use of the user content (or any portion thereof) on, through or by means of the service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. CLUBS 4 FUN may or may not regulate user content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any user content posted on the service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by CLUBS 4 FUN, and these communications should not be considered reviewed or approved by CLUBS 4 FUN. By using the service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with user content and you agree that CLUBS 4 FUN will not under any circumstances be responsible or liable for any user content, including, but not limited to, errors in any user content or any loss or damage incurred by use of the user content or for any failure to or delay in removing user content. CLUBS 4 FUN reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete user content from the service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, CLUBS 4 FUN shall at no time be responsible or held liable for the removal, modification or blocking of material or user content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. CLUBS 4 FUN welcomes and encourages your feedback, comments, suggestions for improvements to the service and suggestions for features in relation to the application, service or a game (“feedback”). You may submit feedback at firstname.lastname@example.org. You acknowledge and agree that all feedback will be the sole and exclusive property of CLUBS 4 FUN , including without limitation any features in relation to the application, service or a game suggested as part of your feedback that is developed and implemented by CLUBS 4 FUN , and you hereby irrevocably assign to CLUBS 4 FUN and agree to irrevocably assign to CLUBS 4 FUN all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At CLUBS 4 FUN ‘ request and expense, you will execute documents and take such further acts as CLUBS 4 FUN may reasonably request to assist CLUBS 4 FUN to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
General rules of conduct and usage
You represent and warrant that you have full right and authority to use the service and to be bound by these terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the terms herein. You undertake that you shall not defraud, or attempt to defraud, CLUBS 4 FUN or other users, and that you shall not act in bad faith in your use of the service. If CLUBS 4 FUN determines that you do act in bad faith, or in violation of these terms, or, except where you are located in Australia, if CLUBS 4 FUN determines that your actions fall outside of reasonable community standards, CLUBS 4 FUN may, at its sole discretion, make adjustments or cancel the number of stars associated with your account, terminate your account and/or prohibit you from using the service. By way of example, you specifically agree that you shall not:
- Download the application, create an account or access or use any part of the service if you are under the age of 18;
- Download the application, create an account or access or use any part of the service for and on behalf of someone under the age of 18;
- Use the service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these terms;
- Access, tamper with, or use non-public areas of the service, CLUBS 4 FUN computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any CLUBS 4 FUN system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CLUBS 4 FUN or any of our providers or any other third party (including another user) to protect the service or any part thereof;
- Attempt to use the service on or through any platform or service that is not authorized by CLUBS 4 FUN;
- Post, upload, publish, submit, provide access to or transmit any user content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the service or the computers of other users of the service;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple accounts, set up an account on behalf of someone other than yourself or otherwise attempt to override or avoid any stars or rewards limits or restrictions established by CLUBS 4 FUN;
- Obtain or attempt to obtain passwords or other private information from other users of the service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without CLUBS 4 FUN ‘ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software or applications;
- Exploit, distribute or publicly inform other users of the service of any game error or bug which gives users an unintended advantage;
- Use virtual items in a manner that violates these terms, including transferring or selling virtual items or fraudulently obtaining or acquiring virtual items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without CLUBS 4 FUN ‘ written permission;
- Access or use an account or virtual items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without CLUBS 4 FUN ‘ permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the service; or
- Encourage or enable any other individual or group to do any of the foregoing.
Intellectual property ownership
The service and all content thereon or therein are protected by copyright, trademark, and other laws of the Australia and foreign countries. Except as expressly provided in these terms, CLUBS 4 FUN and its licensors exclusively own all right, title and interest in and to service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the service without CLUBS 4 FUN ‘ explicit, prior written permission;
- Use, display, mirror or frame the service, or any individual element within the service;
- Use the intellectual property of CLUBS 4 FUN , or any CLUBS 4 FUN licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the service or any information therein, in whole or part; or
- Use or reproduce any CLUBS 4 FUN licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
Links to third party sites
The service may contain links to third-party websites or resources that are not owned or controlled by CLUBS 4 FUN. You acknowledge and agree that CLUBS 4 FUN is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. CLUBS 4 FUN does not control nor does it review, research, verify, validate or approve the third-party sites to which the service may be linked. Such links, therefore, do not imply any endorsement by CLUBS 4 FUN of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Copyright infringement notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the service, you may submit a notification of claimed infringement and provide CLUBS 4 FUN ‘ designated agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
CLUBS 4 FUN’s designated agent for claims of copyright infringement can be reached as follows: by email at info@clubs4FUN.com.au.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your copyright infringement notice may not be valid and we may not be able to remove infringing content.
Updates to the site and service; maintenance
You acknowledge and agree that CLUBS 4 FUN may update the service with or without notifying you. CLUBS 4 FUN may require that you accept updates to the service and you may also need to update third party software from time to time in order to receive the service. CLUBS 4 FUN conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the service will not be available during maintenance periods. All problems encountered during the use of the service, including those with regard to your account, can be reported to CLUBS 4 FUN when the problem is encountered by email at info@clubs4FUN.com.au.
Dispute resolution and arbitration
This dispute resolution and arbitration provision (this “provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and CLUBS 4 FUN. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial (where applicable to your jurisdiction), and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Notwithstanding anything in this provision, in some countries, CLUBS 4 FUN may not initiate arbitration proceedings for a dispute between you and CLUBS 4 FUN unless you consent in writing after a dispute has arisen. In these countries, CLUBS 4 FUN will only initiate arbitration proceedings where you have so consented.
This provision is not mandatory if you are located in Australia. While you may choose to comply with the arbitration procedure set forth in this provision, nothing in this provision shall prevent you from bringing or joining a claim against CLUBS 4 FUN in a court in Australia with proper jurisdiction.
Please read this provision carefully. It provides that all disputes between you and CLUBS 4 FUN (as defined below, for this provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury (where applicable to your jurisdiction), and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury (where applicable to your jurisdiction). There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). For the purpose of this provision, ” CLUBS 4 FUN ” means CLUBS 4 FUN and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “dispute” means any dispute, claim, or controversy between you and CLUBS 4 FUN regarding any aspect of your relationship with CLUBS 4 FUN , whether based in contract, statute, regulation, ordinance, tort, or any non-contractual obligations (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the existence, validity, enforceability, scope, interpretation, performance, breach or termination of this provision (with the exception of the enforceability of the class action waiver clause below) or these terms of service. “dispute” is to be given the broadest possible meaning that will be enforced. To the fullest extent permitted by law, you and CLUBS 4 FUN each agree that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this provision.
Limitation of liability
Except where you are located in Australia, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the CLUBS 4 FUN parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages or for lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or for the cost of substitute products or services arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the CLUBS 4 FUN parties have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will the CLUBS 4 FUN parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed the higher of (i) the entire amount of charges paid or payable by you to CLUBS 4 FUN for any chargeable services during the relevant calendar year; and (ii) fifty U.S. Dollars (us$50). The limitations of damages set forth above are fundamental elements of the basis of the bargain between CLUBS 4 FUN and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
For the avoidance of doubt, nothing in the terms shall exclude or limit liability in relation to (i) death or personal injury caused by negligence or wilful or reckless misconduct; (ii) any fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be limited or excluded under applicable law.
You agree to indemnify, save, and hold the CLUBS 4 FUN parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the service, any violation by you of these terms, any of your user content, or any breach of the representations, warranties, and covenants made by you herein. CLUBS 4 FUN reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify CLUBS 4 FUN, and you agree to cooperate with CLUBS 4 FUN ‘ defence of these claims. CLUBS 4 FUN will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this indemnity section will survive any termination of your account (if applicable) or of your access to or use of the service.
Additional mobile application terms
The following additional terms and conditions apply with respect to any application that CLUBS 4 FUN provides to you designed for use on an Apple iOS-powered mobile device (an “iOS app”):
- you acknowledge that these terms are between you and CLUBS 4 FUN only, and not with Apple, inc. (“Apple”).
- your use of the iOS app must comply with usage rules set forth in Apple’s then-current app store terms of service.
- CLUBS 4 FUN, and not Apple, is solely responsible for our iOS app and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS app and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS app to conform to any warranty.
- you agree that CLUBS 4 FUN , and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS app or your possession and/or use of our iOS app, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS app.
- you agree that CLUBS 4 FUN, and not Apple, shall be responsible, to the extent required by these terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS app or your possession and use of our iOS app.
- you agree to comply with all applicable third-party terms of agreement when using our iOS app (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS app).
- you agree that Apple and Apple’s subsidiaries are third party beneficiaries to these terms as they relate to your license to use the iOS app. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS app as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that CLUBS 4 FUN provides to you designed for use on an android-powered mobile device (an “android app”):
- you acknowledge that these terms are between you and CLUBS 4 FUN only, and not with Google, inc. (“Google”).
- your use of the android app must comply with Google’s then-current Google play terms of service.
- CLUBS 4 FUN, and not Google, is solely responsible for the android app, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the android app or these terms.
Third party rights
Pursuant to the contracts (rights of third parties) ordinance, each and all of CLUBS 4 FUN parents, subsidiaries and affiliate companies (each being a “ CLUBS 4 FUN third party”) shall be entitled to the benefit of and to enforce the provisions of these terms. Subject to this, a person who is not a party to these terms shall have no rights under the contracts (rights of third parties) ordinance to enforce any provision of these terms. This third-party rights provision does not affect any right or remedy of any person which exists or is available otherwise than pursuant to the contracts (rights of third parties) ordinance.
The parties may, without the consent of any CLUBS 4 FUN third party, rescind or vary these terms in such a way as to extinguish or alter the benefits or rights conferred by this third-party rights provision.
Additional terms for specific jurisdictions
The following additional terms and conditions apply to you, depending on your location, as outlined below.
If you are in Australia:
CLUBS 4 FUN may terminate your account and/or your access to the service on 7 days’ prior notice.
CLUBS 4 FUN may suspend your account (including, but not limited to, suspending your ability to purchase, redeem or consume rewards) and/or your access to the service (including, but not limited to, restricting your ability to use the application) immediately, without notice to you, for maintenance, repair or upgrading of the application or the service where notice would be impractical, where there are technical difficulties or where CLUBS 4 FUN has reason to believe suspension is necessary for an emergency or to comply with a law or direction of a regulatory authority.
you may discontinue your use of the service and/or the application at any time. If you wish to delete your account with CLUBS 4 FUN , please contact us at info@clubs4FUN.com.au with details of your CLUBS 4 FUN user id, or other authentication methods, as appropriate. Please note that by requesting CLUBS 4 FUN to delete your account, all of the virtual items (including any stars) that you have accumulated will be lost.
On the effective date of termination, your access to the service, including all user content and virtual items, will be disabled and you will lose any stars that you have accumulated and not redeemed for a reward. CLUBS 4 FUN shall have the right, but not obligation, to store any user content subsequent to any such termination.
Disclaimer of warranties
The services (including the application), all content thereon or therein and all products obtained through the services are provided by CLUBS 4 FUN and licensees of play city that are a registered club, officers, directors, employees, agents and licensors (collectively, the “ CLUBS 4 FUN parties”) on an “as is”, “as available” basis and CLUBS 4 FUN excludes and disclaims to the maximum extent permitted by law all guarantees, conditions or warranties of any kind, whether express or implied or imposed by applicable law, including the following:
(a) while CLUBS 4 FUN endeavours to provide a convenient and functional service and application, CLUBS 4 FUN does not guarantee that your requirements will be met or that the service or application will be suitable for your purpose or is accurate, complete, secure or error free, or that your use of the service and application will be uninterrupted.
(b) CLUBS 4 FUN cannot be responsible for any loss, corruption or interception of data sent to or from the service which occurs outside of CLUBS 4 FUN’s information technology systems (such as those which occur while being sent over the internet).
However, regardless of the above, in Australia some laws (including schedule 2 of the Australian competition and consumer act 2010 (cth)) do not allow the exclusion of some guarantees, conditions, warranties or terms implied or imposed by those laws, or do not allow limitations on how long any such guarantee, condition, warranty or term may last, so the limitations contained in the immediately preceding provision may not apply to you. Nothing in these terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by applicable law which cannot be lawfully excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “non-excludable provision”), and CLUBS 4 FUN is able to limit your remedy for a breach of the non-excludable provision, then CLUBS 4 FUN ‘ liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to one or more of the following at CLUBS 4 FUN ‘ option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring requivalent goods, or the payment of the cost of having the goods repaired.
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
You are solely responsible for all of your communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service. You understand that CLUBS 4 FUN does not screen or inquire into the background of any users of the service, nor does CLUBS 4 FUN make any attempt to verify the statements of users of the service. The CLUBS 4 FUN parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person.
Virtual items and stars
You acknowledge and agree that CLUBS 4 FUN shall have no liability for loss of stars or virtual items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity except to the extent such loss is caused by CLUBS 4 FUN ‘ or our affiliates’, subsidiaries’, officers’, directors’, employees’, agents’ or licensors’ negligence.
These terms constitute the entire and exclusive understanding and agreement between CLUBS 4 FUN and you regarding the service, and these terms supersede and replace any and all prior oral or written understandings or agreements between CLUBS 4 FUN and you regarding the service.
You may not assign or transfer these terms, by operation of law or otherwise, without CLUBS 4 FUN’s prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be of no effect. CLUBS 4 FUN may assign or transfer these terms, at its sole discretion, without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms, will be in writing and given by CLUBS 4 FUN by posting to the service. Any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to CLUBS 4 FUN at info@clubs4FUN.com.au. Any notices that you provide without compliance with this section shall have no legal effect.
The service is provided by CLUBS 4 FUN PTY LTD, an Australian limited company. If you have a question or complaint regarding the service, please contact info@clubs4FUN.com.au.
The failure of CLUBS 4 FUN to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CLUBS 4 FUN. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise. If for any reason a court of competent jurisdiction or arbitrator finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
The section titles in these terms of service are for convenience only and have no legal or contractual effect.