INTRODUCTION

The Company develops and provides game applications subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  • ABN means Australian Business Number.
  • Account means a registered account in connection with the Services.
  • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Brisbane, Australia.
  • Company means Square Rose Games Pty Ltd ABN 42 627 924 574.
  • Fee means a fee charged by the Company to access and use the Services.
  • Game means a game application developed by the Company and accessible from Mobile Application Marketplaces from time-to-time.
  • Game Fee means a fee charged by the Company to download and access Games as advertised on Mobile Application Marketplaces.
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trade marks, brand names, business names, domain names and other forms of intellectual property.
  • Material means the elements comprising of Games, including (without limitation) documentation, source codes, characters, designs, graphics, animations, software, information, video, sounds, music, audio-visual effects, storyline, concepts, text, and their selection and arrangement.
  • Mobile Application Marketplace means an online marketplace for access to Games and other applications for mobile devices, such as the App Store and Google Play.
  • Privacy Act means the Privacy Act 1988 (Cth).
  • Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at http://www.squarerosegames.com/privacy.
  • Services means the products and services offered by the Company including Games, the Site and other related services.
  • Site means https://www.squarerosegames.com.
  • Terms of Service means the terms and conditions of using the Services, as updated from time-to-time, which can be found at https://www.squarerosegames.com/terms.
  • TPS means any third-party service provider.
  • User means any person that uses the Services.
  • User Content means any images, audio, information, documents or other data that is uploaded into or created by the User in connection with using the Services.
  1. USING THE SERVICES

    • General

      • The User agrees that all use of the Services is subject to these Terms of Service and the User must immediately cease to use the Services if the User can no longer agree or adhere to these Terms of Service.
      • By downloading, accessing and/or using the Services, the User warrants that they have read and agreed to these Terms of Service, and if under 13 years of age, that they have obtained the consent of their parent and/or guardian.
      • The Company may suspend or restrict the access of any User that breaches these Terms of Service.
      • The User shall download and access Games for their own personal entertainment purposes only.
    • Accounts

      • Where the User is required to create an Account, the User must ensure that all information provided is complete, up-to-date and accurate at all times.
      • The User must not allow access to their Account by any third party. The User is solely responsible for the security of its username and password for access to and for all activities performed under their Account, whether such access is authorised or not.
      • The User shall notify the Company as soon as it becomes aware of any unauthorised access of their Account.
  2. FEES, PAYMENTS & REFUNDS

    • Fees

      • Where applicable, the User must pay the Game Fee upfront in full to download and access Games. The User must not attempt to obtain unauthorised access to Games and avoid paying any applicable Game Fee.
      • All payments of the Game Fee shall be made via the online payment gateway of the Mobile Application Marketplace accessed by the User.
      • The Company reserves the right to introduce or change any Fees from time-to-time at its discretion.
    • Refunds

      • No refunds of Fees are offered by the Company other than as required by law.
      • If the User purchases a Game via the App Store, then in the event of any failure of the Game to conform to any applicable warranty (and not for any other reason relating to the provision of the Services by the Company), the User should notify Apple directly and seek a refund of the Game Fee. Such refunds will be dealt with directly by Apple in accordance with its sales and refund policy.
  3. THIRD PARTY SERVICES

    • Use of TPS’

      • The Services may involve the use of TPS’ including (without limitation) Mobile Application Marketplaces, social media accounts (Facebook, Twitter, Instagram etc), ads and analytics tools (UnityAds, Google Ads etc).
      • The User acknowledges and accepts that:
        • Each TPS will have their own terms and conditions of use;
        • The User must comply with any applicable terms and conditions of the TPS;
        • The User’s use of the Services must not be in breach of any applicable terms and conditions of the TPS; and
        • The Company is not responsible for the activities of any TPS.
    • Ongoing Availability

      • The User agrees that access to the Services may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and the Company.
      • The Company cannot guarantee the efficacy of any TPS.
    • Data from TPS

      • Where a User connects and/or registers an Account using a TPS, the User authorises the Company to use data from that TPS to provide the Services.
  4. GENERAL CONDITIONS

    • Licence

      • By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use the Services for the duration of these Terms of Service subject to termination in accordance with these Terms of Service.
      • The Company may issue the licence to the User on further terms or limitations as it sees fit.
      • The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the User.
    • Modification of Terms

      • These Terms of Service may be updated by the Company from time-to-time.
      • Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using the Services.
    • Improvements

      • The User agrees and accepts that the Games are:
        • Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the User’s systems; and
        • Managed and supported by the Company from the servers operated by the Company and that no ‘back-end’ access to the Games is available to the User unless expressly agreed in writing.
      • As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Games at its discretion without notice.
    • Support

      • The Company provides user support for Games via the email address support@squarerosegames.com.
      • The Company shall endeavour to respond to all support requests within 3 Business Days.
    • Use & Availability

      • The User agrees that it shall only use the Services for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      • The User is responsible for ensuring that they have all necessary equipment and software to enable access to the Services and updating software where necessary.
      • The User agrees that the Company shall provide access to the Services to the best of its abilities, however:
        • Access to the Services may be prevented by issues outside of its control; and
        • It accepts no responsibility for ongoing access to the Services.
      • The User accepts that there may be times when the Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
    • Privacy

      • The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about Users.
      • The Privacy Policy does not apply to how personal information is handled by the User or a TPS, and the Company may not be held responsible in any way for such.
      • The Services may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
    • Data

      • The Company takes the security of Games and the privacy of its Users very seriously.  The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
      • The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
    • Advertising

      • The User acknowledges and accepts that the Services may feature some advertisements from the Company and/or third parties, and the Company may add, vary or remove advertising into the Services in its complete discretion.
      • The advertisement of any TPS shall not be considered as an endorsement, approval or recommendation by the Company.
      • The Company is not responsible for the content of any third-party advertisements that may be featured in the Services and the User accepts that they view such advertisement materials at their own risk.
    • Intellectual Property

      • Trade marks. The Company has moral and registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
      • Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Services.
      • Games. The User agrees and accepts that Games and Materials are the Intellectual Property of the Company and the User further warrants that by using Games the User will not:
        • Copy, reproduce or otherwise exploit Games and Materials for the User’s own commercial purposes; and
        • Directly or indirectly copy, distribute, recreate, decompile, reverse engineer or otherwise obtain, modify or use any Games and Materials.
      • Content. Notwithstanding User Content, all content submitted to the Company, whether via Games or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Games.
    • Third Party Dependencies

      • The User agrees and acknowledges that the Services have third party dependencies which may affect its availability, including (without limitation) Mobile Application Marketplaces and internet service providers, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
    • Liability & Indemnity

      • The User agrees that it uses the Services at its own risk.
      • The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
      • The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Services, including any breach by the User of these Terms of Service.
      • In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Services, and in particular the use of Games, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
      • The User must take necessary precautions to ensure that their access to the Services does not expose them to the risk of viruses, malicious code or other forms of interference which may damage their device. The Company does not accept any responsibility for any interference or damage to the User’s device which may arise in connection with their use of the Services.
      • Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
        • The re-supply of services or payment of the cost of re-supply of services; or
        • The replacement or repair of goods or payment of the cost of replacement or repair.
      • To the extent permitted by law, the Company’s liability to the User shall be limited to the amount paid by the User for the Services.
    • Suspension and Termination

      • The Company may, without penalty or liability to the User, suspend the User’s access to the Services if it has reasonable grounds to believe the User is in breach of these Terms of Service, until such time as the matter is appropriately determined.
      • The User may terminate these Terms of Service immediately by giving the Company written notice, which will be deemed to be given if the User cancels an Account.
      • The Company may terminate these Terms of Service if the User is in breach of these Terms of Service and:
        • That breach is not capable of remedy;
        • The breach is material, wilful, reckless or repetitious; and/or
        • The breach can be remedied, but is not remedied within 5 Business Days of being given notice of that breach by the Company.
      • In the event that these Terms of Service is terminated for any reason, the User must immediately cease using the Services and delete any Games from their device(s).
      • Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of termination.
    • Dispute Resolution

      • If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
        • Includes or is accompanied by full and detailed particulars of the Dispute; and
        • Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
      • Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
      • Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
      • Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
      • Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
    • Electronic Communication, Amendment & Assignment

      • The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
      • The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the User of a change of details from time-to-time.
      • The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
      • A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
      • The User may not assign or otherwise create an interest in these Terms of Service.
      • The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.
  5. GENERAL

    • Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
    • Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
    • Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
    • Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
    • Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
    • Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
    • Governing Law. These Terms of Service is governed by the laws of Queensland, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
    • Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
    • Interpretation. The following rules apply unless the context requires otherwise:
      • Headings are only for convenience and do not affect interpretation.
      • The singular includes the plural and the opposite also applies.
      • If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
      • A reference to a clause refers to clauses in these Terms of Service.
      • A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
      • Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
      • A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
      • A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
      • A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.