Pocketbiz Marketplace Terms and Conditions
Digital Playlab Pty. Ltd. (ABN 72 612 680 412) (referred to as Digital Playlab) provides a searchable directory and introductory service between businesses who are searching for service providers who have commercial skills such as project management, design and creative, finance and marketing (Seekers) and businesses who are able to provide the commercial skills referred to (Providers) (collectively, the Services). The Services are available on the Pocketbiz website at www.pocketbiz.com.au (Site) and the Digital Playlab mobile application, Pocketbiz (App).
(a) The Marketplace Terms and Conditions (Terms) form a binding legal agreement between Digital Playlab, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as User). By using the Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Digital Playlab using the contact details at the end of these Terms.
(b) The User’s use of Services indicates that the User:
(i) has had sufficient opportunity to access the Terms and contact Digital Playlab;
(ii) has read, accepted and will comply with the Terms;
(iii) has legal capacity to enter into a contract; and
(iv) is 18 years or older.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
(c) These Terms may be amended from time to time, without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Pocletbiz recommends that each User check the current Terms, before continuing use of the Services. Digital Playlab’s agents, employees and third parties do not have authority to change the Terms.
(d) These Terms supplement and incorporate:
(i) The PayPal Terms of Service including, without limitation, the User Agreement;
(ii) The Stripe Services Agreement;
(iii) the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein;
(iv) Google Play Terms of Service.
2. Introductory Service Only
(a) The Site and the Services provide a searchable directory and an online introductory platform for Seekers and Providers through which:
(i) Users register on the Site and create a Profile (Profile);
(ii) Seekers can pay to post information about a gig (Listing) for which they may seek expressions of interest about a gig from Providers (EOI) within a specified time (Expiry Date);
(iii) Once payment has been made and Digital Playlab approves the Listing, it will be posted on the Site until the Expiry Date;
(iv) After the Expiry Date, Digital Playlab will provide the Seeker with any response to the EOI from a Provider so that the Seeker and Provider are able to communicate directly (EOI Response).
(v) The Seeker and the Provider may then communicate with respect to any services to be provided by the Provider as outlined in the EOI Response (Provider Services);
(vi) A Provider may promote their services on the Site by way of paid content (Provider Content); and
(vii) A Provider may but is not required to provide a current background check on the Profile via through a third party.
(b) A Seeker must provide to Digital Playlab all relevant information in a Listing such as the time, date and location of the Provider Service, the fee for the Provider Service and any other terms and conditions applicable to the supply of a Provider Service or any other information relevant to the Listing.
(c) Each User understands and agrees that the Site and the App is an online introductory platform only, and that Digital Playlab’s responsibilities are limited to facilitating the availability of the Site, the App and the Services.
(d) Digital Playlab is not a party to any agreement entered into between a Seeker and a Provider following an EOI or EOI Response. Digital Playlab is not a referrer or booking agent, and provides no such related services. Digital Playlab has no control over the conduct of Seeker, Provider and any other users of the Site, the App and the Services. Digital Playlab disclaims all liability in this regard, as set out in these Terms.
(e) Any arrangement between a Seeker and a Provider following an EOI or EOI Response is solely between each party. It is strictly and expressly not part of the User’s agreement with Digital Playlab.
3. Online Registration
(a) A User must register on the Site and create an account (Account) to access view, and access Services and features on the Site and the App, including creating a Profile and posting or responding to an EOI.
(b) Each User may only have one (1) Account on the Site and App including a Profile.
(c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Digital Playlab reserves the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to Digital Playlab proves to be inaccurate, not current or incomplete.
(f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(g) The User will immediately notify Digital Playlab of any unauthorised use of its Account.
4. Users and User Profiles
(a) Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site and App is created from the personal information it provides to Digital Playlab. As with the information provided with respect to an Account, the User agrees to provide accurate, current and complete information with respect to any Profile.
(b) Each User acknowledges and agrees that it is responsible for its own Profile and is able to delete the Profile should the User wish to.
(c) Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Digital Playlab does not provide a User with and cannot guarantee that other Users have genuine intentions.
(d) Each User should report to Digital Playlab, any activities or requests of Users which are, or which the User reasonably believes to be:
(iii) illegal; or
(iv) likely to have a negative effect on the reputation of Digital Playlab, the Site, the App, Services and/or a User.
(e) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
(f) Each User represents and warrants that any content that it provides whether in relation to a Profile, Listing, EOI or EOI Response:
i. will not breach any agreements it has entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
iii. will not conflict with the rights of third parties.
(g) For the avoidance of doubt, Digital Playlab assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
(h) Digital Playlab reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing and/or EOI and/or EOI Response for any reason, including whether that Account or otherwise is, in the opinion of Digital Playlab, objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
5. Ratings and Reviews
(a) A User may provide feedback to Digital Playlab regarding the User’s experience with the Listing, EOI or EOI Response only.
(b) A User must provide true, fair and accurate information in their Review.
(c) If, in the reasonable assessment of Digital Playlab, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Digital Playlab may delete the Review. Digital Playlab does not undertake to review each Review made by a User.
(d) To the fullest extent permitted by law, Digital Playlab is not responsible for the content of any Reviews.
(a) Seekers and Providers are required to pay the fees as set out on our Site or App (Fees).
(b) Seekers and Providers are not required to pay any fees for their registration on our Site or App but may be required to pay Fees for any other Services that they request which are available on our Site.
(c) Fees for Seekers and Providers differ.
(d) Each User agrees to pay the relevant fees, in the currency specified on the Site and App, at the time that it creates a Listing or posts Provider Content.
(e) Goods and Services Tax (GST) will be charged where applicable.
(f) The User may pay for the Services by PayPal or Stripe. The payment will be processed upon receipt of the request for a Listing or posting of Provider Content. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for a Listing or posting of Provider Content may be cancelled.
(g) To keep information secure and confidential, Digital Playlab uses SSL security with payments and payments details being managed by PayPal and Stripe. Digital Playlab does not handle any payments or payment details provided by a User.
(h) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms].
(i) Nothing prevents Digital Playlab from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Digital Playlab’s payment terms and as a result are passed on for collection and or legal action, Digital Playlab may place a default against the User with a credit reporting agency.
(j) Digital Playlab’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each User has the choice to continue using the Site, or to cease to use the Site without penalty.
7. Offers and Promotions
(a) Digital Playlab may, from time to time, make offers or promotions which may be applicable to the Services.
(b) The conditions of such offers or promotions will be specified on the Site.
(c) The User acknowledges and agrees that Digital Playlab may, at its sole discretion, remove or extend any offers or promotions, and Digital Playlab will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
8. Dispute Resolution
(a) By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Seeker or Provider or third party, will be limited to a claim against the Seeker or User or other third party, who caused harm to him or her. Digital Playlab encourages Users to communicate directly with the relevant User or third party to resolve any disputes.
(b) Digital Playlab welcomes feedback from its Users. Digital Playlab seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
(c) If there are any complaints from a User, Digital Playlab will aim to respond and provide a suitable solution within 30 days. If a User is not satisfied with Digital Playlab’s response, the User and Digital Playlab agree to the following dispute resolution procedure:
(i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Digital Playlab agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or Digital Playlab may refer the matter to a mediator. If the User and Digital Playlab cannot agree on who the mediator should be, the complainant will ask the Law Society of NSW to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
(a) Any cancellation or refund in respect of an agreement entered into following an EOI Response is strictly a matter between the Seeker and the Provider.
10. Cancellation of Registration
(a) If a User wishes to cancel its Account or Profile, they can deactivate their Account at any time via the Site or App.
(b) No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
11. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Digital Playlab : “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
12. Intellectual Property
(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Digital Playlab (or its affiliates and/or third party licensors as applicable).
(b) The User agrees that, as between the User and Digital Playlab, Digital Playlab owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Digital Playlab or the owner of the content.
(c) Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
(d) Digital Playlab’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Digital Playlab or the applicable trademark holder or Intellectual Property owner.
(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Digital Playlab or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
13. User Licence
(a) Subject to these Terms, Digital Playlab grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Digital Playlab’s prior written consent.
(b) The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
14. Permitted and Prohibited Conduct
(a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
(i) use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(ii) register for more than one Account or register for an Account on behalf of another individual and/or entity;
(iii) use the Services to find a Provider and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Digital Playlab’s provision of the Services;
(iv) post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
(v) submit any false or misleading information;
(vi) as a Provider, submit an EOI Response that it does not intend to honour or cannot provide;
(vii) as a Seeker, submit a Listing or EOI that it does not intend to honour;
(viii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(ix) copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
(x) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(xi) use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(xii) use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(xiii) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
(xiv) use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Digital Playlab’s name, any Digital Playlab trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Digital Playlab’s express written consent; or
(xv) advocate, encourage, or assist any third party in doing any of the foregoing.
(a) The Site, App, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, App, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Digital Playlab and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
(b) The User must not post, upload, publish, submit or transmit any 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) is fraudulent, false, misleading or deceptive;
(iii) denigrates Digital Playlab, the Site, the App, Services, a Seeker or a Provider;
(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(v) is defamatory, obscene, pornographic, vulgar, offensive, 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.
16. User Content
(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content, including Provider Content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Digital Playlab a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
(i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Digital Playlab the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Digital Playlab’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) Digital Playlab may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
(a) Digital Playlab does not guarantee that Seekers will be able to find desirable Providers or receive EOI Responses and does not guarantee that or EOI Responses will be selected by Seekers.
(b) Digital Playlab does not endorse any Seeker or Provider. Digital Playlab requires Seekers and Providers to confirm that they have provided accurate information. Digital Playlab requires Users to confirm that they have provided accurate information. Although Digital Playlab may display a certification icon on the Profile of a User who has provided background checks, Digital Playlab does not endorse or guarantee the completeness, accuracy or reliability of any background check displayed. In addition, Digital Playlab does not perform any independent background checks of Seekers or Providers. It is the User’s responsibility to carry out its own background check.
(c) Digital Playlab cannot and does not control the content contained in any Profiles, Listing, EOI or EOI Response, Provider Content or the condition, legality or suitability of the Provider Services. Seekers are responsible for determining the identity and suitability of Providers that they contact via the Services and the Provider Services.
(d) Digital Playlab accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. Digital Playlab disclaims any and all liability related to any and all Users, Listing, EOI, EOI Response or Provider Content.
(e) To the fullest extent allowable under applicable law, Digital Playlab disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
(f) For the avoidance of doubt, Digital Playlab is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Digital Playlab advises that all Users using the Site, App and Services should seek advice in relation to these matters.
(g) Each Seeker and Provider who uses the Site, App and the Services does so at their own risk.
(h) Digital Playlab excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
(i) Digital Playlab expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
(ii) Digital Playlab does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
(iii) Digital Playlab takes no responsibility for, and will not be liable for, the Site, the App, the Services, Seeker, Provider, Provider Services being unavailable, of a particular standard of workmanship, failing to meet the Profile or Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
(iv) Digital Playlab will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any Profile, any Listing or Provider Services or the Terms.
(i) The User agrees not to attempt to impose liability on, or seek any legal remedy from Digital Playlab with respect to such actions or omissions.
18. Limitation of Liability
(a) Digital Playlab’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Digital Playlab in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Digital Playlab and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Digital Playlab.
(a) Each User agrees to defend and indemnify and hold Digital Playlab (and Digital Playlab’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
(b) Digital Playlab reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Digital Playlab without restriction.
(a) Accuracy: While Digital Playlab will endeavour to keep the information up to date and correct, Digital Playlab makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Digital Playlab expressly excludes any liability for such to the fullest extent permissible by law.
(b) Termination: Digital Playlab reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App at its sole discretion, without incurring any liability to the User. If Digital Playlab decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future Listing will be immediately terminated;
(c) Digital Playlab may communicate to the relevant Seeker that the Listing has been cancelled;
(d) Digital Playlab may refund the Seeker in full, regardless of the cancellation and refund policy;
(e) Digital Playlab may contact Seeker to inform them of potential alternative Provider Services available from different Providers on the Site, App and Services; and
(f) the User will not be entitled to any compensation for Listings that were cancelled as a result of a suspension, deactivation or termination of their Account].
(c) Fraudulent Activities: Each User acknowledges and agrees that, in the event Digital Playlab reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, Digital Playlab reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
(d) Force Majeure: Digital Playlab will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Digital Playlab of any of the Terms shall be effective unless Digital Playlab expressly states that it is a waiver and Digital Playlab communicates it to the User in writing.
(g) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Digital Playlab’s prior written consent.
(h) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(i) Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site and App may be accessed throughout Australia. Digital Playlab makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Digital Playlab and each User, and supersede any prior agreement, understanding or arrangement between Digital Playlab and each User, whether oral or in writing.
For questions and notices, please contact:
Digital Playlab Pty. Ltd. (ABN 72 612 680 412)
Company based in Sydney, Australia
Last update: 27 January 2017
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.