Terms of Use

Background

Welcome to the online quiz and puzzle platform provided by Giraffic Pty Ltd ACN 169 333 028 trading as Saturday Quiz Time (Saturday Quiz) and its associated entities (together, we, us or our) through which we provide an online service of publishing weekly quizzes and puzzles.

These Terms of Use are intended to explain our obligations as a service provider and your obligations as a user of our Services.

These Terms of Use are binding on any use of our Services and apply to visitors of our Site and subscribers of our Services (each and together, you or your) from the time that we provide you with access to any of our Services. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the original Services.

You accept that your use of the Site as a registered user of the Services includes your unreserved acceptance of these Terms of Use and our Privacy Policy.

By visiting our site or subscribing to our Services, you acknowledge that you have read and understood and agree to be bound by these Terms of Use in their entirety in addition to any other applicable laws and regulations and that you have the authority to act on behalf of any person or entity for whom you are using the Services and you agree to these Terms of Use personally and on behalf that person or entity.

If you do not agree to any of these Terms of Use, you must not use the Services in any manner.

If you have any questions, please contact us at hello@saturdayquiztime.com.au.

Privacy

Your privacy is very important to us. Please refer to our Privacy Policy for further information about how we collect, use, store, process and disclose your personal information.

Registration

To subscribe to our Services, you must register for access by completing the information requested in the online registration form provided by us on the Site. Any contact information you provide may be used by us in accordance with our Privacy Policy. We may accept or reject any registration form in our sole discretion.

You represent and warrant that the information provided when registering is accurate, complete and current and that you will update such information from time to time as necessary.

Subcriptions and fees

We offer two types of subscriptions – a free subscription and a premium subscription. The free subscription does not require you to pay any fee. We reserve the right, in our absolute discretion, to withdraw or to modify the free subscription at any time without prior notice and with no liability.

You can also subscribe for access to the Services by purchasing a premium subscription for a monthly or annual subscription period (Subscription Period) via the Site.

The price for the premium subscription will be displayed at the time of purchase (Subscription Fee). You must pay the Subscription Fee monthly or annually in advance throughout the Subscription Period through your third-party billing account.

Auto-renewal and cancellation

Your subscription will automatically renew at the end of each Subscription Period for a further Subscription Period by us providing you with three (3) days’ notice via email or text message, unless you cancel your subscription. You may cancel your subscription through your account via the Site at any time prior to your renewal date, or as otherwise specified by us.

Cancellation of your auto-renewal subscription will only be effective at the end of the current Subscription Period and you will continue to have access to the Services until the end of the relevant Subscription Period. No pro-rata refunds will be provided to users that cancel their subscription during a Subscription Period.

Payment terms

All prices quoted by us on the Site include GST (if any) (unless specified otherwise) and all GST that may be applicable shall be paid by you.

Subscription Fees will be payable for the relevant Subscription Period in advance at the time that you subscribe, or at the time of automatic renewal of your subscription (Payment Date). The default method of payment is direct debit from a bank account nominated by you (unless otherwise agreed to by us). You hereby give us express authorisation to automatically debit your nominated bank account (including credit card or direct debit platforms) on the Payment Date.

Where we have attempted to debit the funds on the Payment Date and the payment has been rejected due to insufficient funds (or some other reason), we will contact you to arrange another date to debit the account. The outstanding payment immediately becomes a debt due and payable by you to us.

Where two (2) or more attempts have been made to debit the account but payment fails, we will suspend your access to the Services until the relevant payment(s) have been made.

Termination

Your rights under these Terms of Use to use the Services will terminate automatically without notice from us if you fail to comply with these Terms of Use. Upon termination, you shall cease all use of the Services.

Any termination shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms of Use which is expressly or by implication intended to continue in force after such termination.

Warranty and limitation of liabilty

To the maximum extent permitted by law, we make no representations, nor do we give any warranties in respect of the Services other than that the Services:

comply with any description provided to you (including on the Site or in marketing material or proposals provided to you); and

are provided by us with due care and skill.

Other than any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth), all conditions and warranties implied into these Terms are excluded to the fullest extent permitted by law.

We do not warrant that the Services will be uninterrupted or error-free. However, you must notify us immediately of becoming aware of any major errors or defects in the functionality or operation of the Site or errors in the content of the quizzes, upon which we will (at our discretion) rectify the major error or refund your Subscription Fee in proportion to the period you were unable to use the Services as result to the error or interruption to the Service. However, we reserve the right not to refund you for errors (whether actual or perceived) in the content of our quizzes.

To the maximum extent permitted by law, we will incur no liability to you, nor can you make any claim for breach of any warranty under these Terms if any part of the Services cannot be accessed or are corrupted or damaged as a result of:

a fault or compatibility issue with your device; or

your actions, whether or not you were acting negligently.

Our total cumulative maximum aggregate liability arising out of or related to the provision of the Services, including for claims relating to breach of contract, breach of warranty (including the cost of repairing or re-performing the Services), tort (including negligence, strict liability and errors and omissions) or any other cause or form of action shall capped and limited to the total fees payable for the Services during the relevant Subscription Period, if applicable, actually paid by you to us under these Terms.

Notwithstanding anything to the contrary herein, under no circumstances will we be liable to you in any amount for any special, incidental, consequential or indirect damages, data loss, computer failure or malfunction, or any other damages or loss, or exemplary or punitive damages under on in connection with these Terms.

Indemnity

You agree to indemnify and hold us and our officers, employees, contractors and agents harmless (those indemnified) from and against any action, liability, claim, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of those indemnified, whether directly or indirectly, in connection with:

your breach or non-observance of any of these Terms of Use;

your breach of any obligation you may have to us;

your use or access of the Services;

our possession, processing, use or other handling of the Data or related data, documentation or records;

our refusal to provide any person access to your information or Data in accordance with these Terms of Use or our Privacy Policy; and

us making available information or Data to any person with your authorisation.

Confidentiality

Unless you have obtained our prior written consent (which we can withhold at our discretion) or unless required to do so by law:

you will preserve the confidentiality of all of our Confidential Information obtained in connection with these Terms of Use or the provision of the Services to you;

you will not, without our prior written consent, disclose or make any Confidential Information available to any person, or use the same for your own benefit, other than as contemplated by these Terms of Use;

your obligations under this clause will survive termination of these Terms of Use; and

you shall take all reasonable steps to ensure that anyone in your Saturday Quiz team who uses the Services under your user account does not make public or disclose our Confidential Information.

If you become aware that anyone in your Saturday Quiz team has passed on any Confidential Information to any other party, then you shall notify us in writing immediately.

The provisions of this clause shall not apply to any information which:

is or becomes public knowledge other than by a breach of this clause;

is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

is independently developed without access to the Confidential Information.

Data

You agree that we may collect, process, use, disclose, store, and back-up your Data for any purpose including the purpose of enabling you to use or access the Services and optimising or modifying the Services.

You acknowledge and agree that:

where you create a user account upon registration, we may collect information from you (including personal information) in support of your registration. You authorise us to retain such inputted information; and

where we collect, process, use, disclose, store, and back-up any of your personal information we will do so in accordance with our Privacy Policy.

You agree that we may collect and use the Data and other technical and related information, including but not limited to information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

We also utilise other companies and individuals to perform certain functions on our behalf. We may disclose your personal information to these third parties only to the extent necessary to perform their functions. Details of these third parties can be found in our Privacy Policy. You consent to us supplying your personal information to third-party suppliers in order to provide the Services.

Intellectual property

Title to, and all Intellectual Property Rights in the Services (including all content made available on the Site) remain our (and/or our licensors) sole property.

Nothing in these Terms of Use constitutes a transfer of any Intellectual Property Rights.

You acknowledge that we (and/or our licensors) own all the Intellectual Property Rights in the Services.

We retain full legal rights in and title to the Services whether in its original form or as modified by you or us.

You will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Services.

If any person makes any claim alleging that any of the Services infringes any Intellectual Property Rights or Moral Rights of any person, you must:

promptly notify us in writing; and

cooperate with, assist and act at all times in accordance with our reasonable instructions, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.

To the maximum extent permitted by law, you must not:

reproduce, make error corrections to or otherwise modify or adapt the Services or create any derivative works based upon the Services;

de-compile, disassemble or otherwise reverse engineer the Services or permit any third party to do so; or

modify or remove any copyright or proprietary notices on the Services.

Services availability

Whilst we intend that the Services should be available after 8am AEST every Saturday, it is possible that on occasions the Services may be unavailable. If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Services. We will not be liable to you or any other person for any unavailability of or interruptions to the use of or access to the Services.

Our rights

Any express statement of a right belonging to us under these Terms of Use is without prejudice to any of our other rights expressly stated in these Terms of Use or existing at law.

Severability

If any part or provision of these Terms of Use is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Use will be binding on the parties.

Variation to terms

We reserve the right to change, modify, add or remove portions of these Terms of Use at any time without notice to you, effective upon posting it on the Site. By continuing to use or access the Services following any changes to these Terms of Use, you signify that you have read, understood and agree to be bound by the updated Terms of Use.

Applicable law

The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. By using the Services on any device, you hereby submit to the exclusive jurisdiction of the courts of Victoria and waive any and all objections to the jurisdiction or venue in such courts.

Definitions

Confidential Information means the confidential information of Saturday Quiz or any of its affiliated entities which relates to the subject matter of these Terms of Use (and the provision of the Services) and includes:

all quiz and puzzle material and all other information made available on the Site;

confidential information relating to the technology and design of our Services;

the Data;

information relating to the terms upon which the Services are provided to you; and

any other information we identify as confidential, sensitive or private or ought reasonably to be considered as confidential, sensitive or private,

electronically or orally, including the Services but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

Data means any data inputted by you or with your authority through the use of the Services.

Device means any type of device including a computer, mobile phone, tablet or console.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Moral Rights has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.

Services means the online quizzes and puzzles made available on the Site.

Site means the internet website at https://www.saturdayquiztime.com.au/ or any other website, mobile site or application operated by us from time to time by which the Services may be accessed.

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