TERMS CONDITIONS & PRIVACY POLICY
Terms and Conditions of Use Pokermaster
RECITALS
Access and use of this Website is subject to the terms and conditions of use outlined in the Terms.
1. Definitions and Interpretation
1.1 In these Terms (including the recitals) unless the context otherwise requires:
(a)“Account Information” has the meaning given in clause 4.2;
(b)“Intellectual Property” or “Intellectual Property Rights” includes all present and future rights in relation to copyright, trade marks, designs, patents or other proprietary rights, or any rights to registration of such rights whether created before or after the date of these Terms;
(c)“Member” or “Membership” has the meaning given in clause 4.1;
(d)“Site Content” means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
(e)“Website” means the website as identified in the Schedule;
(f)“Website Owner”, “We”, “Our” or “Us” means the owner of the Website as identified in the Schedule;
(g)“Terms” means this agreement (including the recitals and the schedule), as amended from time to time;
(h)“You”, “Your” means you as the user of the Website.
1.2 In these Terms, unless the context otherwise requires:
(a)headings are for convenience only and do not affect their interpretation or construction;
(b)the singular includes the plural and vice versa;
(c)references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d)words importing a gender include other genders;
(e)the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f)where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g)a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, reenactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h)all monetary amounts are in Australian currency;
(i)a reference to time refers to Eastern Standard Time;
(j)“includes” is not a word of limitation;
(k)no rule of construction applies to the disadvantage of a Party because these Terms are prepared by (or on behalf of) that Party;
(l)a reference to any thing is a reference to the whole and each part of it;
(m)a reference to a group of persons is a reference to all of them collectively and to each of them individually;
(n)a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
2. Terms and Conditions
2.1 Access to and use of this Website is governed pursuant to these Terms. By using or reading the content of the Website, You signify that you have read, understood and agree to be bound by these Terms.
2.2 The Terms are periodically reviewed by Us and We reserve the right to change the Terms by updating this page at our sole discretion. You should review this page regularly as any changes to the Terms take immediate effect from the date of the publication on this page.
3. Acceptance
3.1 In order to use this Website, You must first agree to the Terms.
3.2 You accept the Terms by:
(a) reading, reviewing or browsing the content on the Website; or
(b) clicking to accept or agree to the Terms, where this option is made available to You by the Website.
3.3 Notwithstanding clause 3.2, You may not accept the Terms or access the Website if:
(a) You are not of legal age to form a binding contract with Us; or
(b) You are a person barred from entering into contracts under legislation,in which case, You must immediately leave the Website.
3.4 By accepting the Terms, You agree that this is clear and unequivocal proof that the Terms herein are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that You have carefully read and understood the Terms.
3.5 If You do not understand any part of the Terms You should seek independent legal advice.
3.6 Before You continue, You should print off or save a local copy of the Terms for Your records.
4. Membership
4.1 In order to use this Website, You may be required to provide information about yourself such as identification or contact details to become a registered member (“Member” or “Membership”).
4.2 In becoming a Member, You may be issued with a User ID and/or password (“Account Information”).
4.3 You agree that any information You provide to Us will always be accurate, correct and up to date. We may suspend or terminate Your access to the Website if any information provided is inaccurate, outdated or incomplete.
4.4 In creating a Membership, You understand and agree that access and use of the Membership is limited, non-transferable and allows for the sole use of the Website by the Member.
4.5 The price (if any) of Your Membership is subject to change as advised to You by Us from time to time. You will be given an opportunity to either accept the changed price or terminate Your Membership.
In creating a Membership, You agree to receive commercial messages from Us. You may unsubscribe from such commercial messages at any time by using the “opt-out” function within the message.
5. Provision of Goods or Services
5.1 Should you order goods and/or services through the Website:
(a) You will pay for the costs of such goods and/or services in accordance with the payment terms on the Website;
(b) We may use a third-party banking merchant to process payments made through the Website and, in these circumstances, Your use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant;
(c) You agree to indemnify us against any loss directly or indirectly suffered due to Your failure or delay in making payment in full or in part and notwithstanding that the failure or delay may be out of Your control;
(d) the risk and title in any goods You purchase from Us will pass to You upon Our receipt of Your payment for the goods;
(e) the obligation to pay for any services rendered arises after those services are practically completed;
(f) unless otherwise specified, any monetary amounts are exclusive of GST;
(g) any special conditions or terms of sale as specified in the Website prevail over this clause.
6. Intellectual Property
6.1 The Site Content is protected by copyright and We reserve all Intellectual Property Rights which may subsist in the Site Content and/or the Website.
6.2 By accepting the Terms, You are granted a non-exclusive licence to:
(a) view the Website;
(b) print pages from the Website in its original form; and
(c) download any material from the Website for caching purposes only.
6.3 You must not, without Our prior written consent, which may be withheld at Our absolute discretion: (a) copy, republish, reproduce, duplicate or extract Site Content;
(b) redistribute, sell, rent or licence any Site Content; or
(c) edit, modify or vary the Site Content.
7. Privacy
7.1 We collect and store the personal information you enter on the Website, including any such information you provide to become a Member. The personal information we collect will be maintained in accordance with our privacy policy available on the Website. The privacy policy forms part of these Terms.
8. Acceptable Use
8.1 You must not use, or cause this Website to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes our or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful; or
(d) causes impairment of the availability or accessibility of the Website.
8.2 You must not use, or cause this Website to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
(a) spyware;
(b) computer viruses;
(c) Trojans;
(d) worms;
(e) keystroke loggers; or
(f) any other malicious computer software.
9. Indemnity and Liability
9.1 General indemnity
You agree to indemnify Us, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms.
9.2 General limitation of liability
We will not be liable to You in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance on the Site Content or otherwise in connection with the Website.
9.3 Acceptance
By using this Website, You agree and accept that the indemnity and limitations of liability provided in this clause 9 are reasonable.
10. Warranties and Representations
10.1 The use of this Website is at Your own risk. The Site Content and everything from the Website is provided to You on an “as is” and “as available” basis without warranty or condition of any kind.
10.2 None of our affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website.
11. General Provisions
11.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
11.2 Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
11.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
11.4 These Terms shall be governed by and construed in accordance with the law for the time being applicable to Australia and You agree to submit to the non-exclusive jurisdiction of the Courts in that jurisdiction.
Schedule
Website: http://www.pokermaster.com
Website Owner: Illuminar Group Projects Limited (“Illuminar Group”)
The Illuminar Group means all companies, subsidiaries and associated companies that provide services related to the Pokermaster Trade Mark.
Privacy Policy Pokermaster
RECITALS
This Privacy Policy sets out our policy with respect to the way we use and disclose Personal Information about you (“you”), which is disclosed to us either directly or through the Website.
12. Definitions and Interpretation
(a) In this Privacy Policy (including the recitals) unless the context otherwise requires:
(b) “PCO’s Address” means the PCO’s postal address as identified in the Schedule;
(c) “PCO’s Email Address” means the PCO’s email address as identified in the Schedule;
(d) “Personal Information” means information from which your identity is apparent or can be reasonably ascertained. The types of information generally collected by us include your name, date of birth, residential and/or postal address, telephone number and email address;
(e) “Privacy Policy” means this privacy policy (including the recitals and the schedule), as amended or supplemented from time to time;
(f) “Privacy Contact Officer” or “PCO” means the point of contact for advice on privacy matters related to the Website;
(g) “Website” means the website identified in the Schedule.
13. Collection of Personal Information
We collect Personal Information about you:
(a) because you have provided it to us, for example, if you interact with us on the Website in any manner;
(b) because we need it to provide a product or service that you have requested, for example, if you subscribe to an email list or purchase products or services from the Website;
(c) because you work for us or apply to us for a job;
(d) for purposes related to any of the above.
By providing us with Personal Information, you consent to the practices described in this Privacy Policy. When providing Personal Information to us, please be aware that there are risks involved in transmitting such information across the Internet.
14. Use and Disclosure of Personal Information
We use your Personal Information in the following ways:
(a) to deliver services you have requested from us, including the provision of goods and/or services through the Website;
(b) to confirm your identity; and
(c) for direct marketing purposes.
For direct marketing purposes, your Personal Information will be added to our database. The database may be used for ongoing marketing and educative purposes. The type of marketing and educative activities that we undertake includes forwarding material to you so that you are kept updated in relation to various issues and our services. If at any time you do not wish to continue receiving this information, we provide an “opt-out” procedure in each communication to you.
We will only use your Personal Information for the purposes for which it was collected and we will not disclose your Personal Information without gaining your consent except where such disclosure is required by law.
15. Opting Out
In each generic correspondence sent out to you, we will endeavour to include simple instructions on how you can immediately unsubscribe from the relevant mailing list. You can also opt out from receiving promotional material by contacting us directly.
16. Accessing, Updating and Correcting your Personal Information
You may request from us in writing to provide you with details of the Personal Information we hold about you. We will endeavour to process your request as soon as practicable. If we deny your request, we will provide reasons in writing as to our decision. To complain or contest our decision, please contact our Privacy Contact Officer.
If you wish to amend information that is out of date or incorrect, or if you wish for your Personal Information to be removed from our database, please contact our Privacy Contact Officer.
17. Security
We have secured our Website using industry standard technology. However, we cannot provide any guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the Website being linked to the Internet.
We will use all reasonable endeavours to secure any Personal Information we hold about you and to keep this information accurate and up-to-date, including by:
(a) employing appropriate technical, administrative and physical procedures to protect Personal Information from unauthorised disclosure, loss, misuse or alteration; and
(b) limiting access to Personal Information to individuals with a business need consistent with the reason the information was provided. We keep Personal Information only for as long as it is required for business purposes or by the law.
18. Cookies
You may be required to have a cookie-enabled browser to fully access the Website. A cookie is a piece of data stored on your computer tied to information about you. Cookies may be used to track your internet browsing activities and the websites you have visited.
We may, for statistical, security or quality purposes, use cookies to log:
(a) your internet protocol (IP) address;
(b) the date and time of your visit;
(c) the pages you have accessed and documents downloaded; and
(d) the type of browser you were using.
19. Links
The Website may contact links to other websites. Please note that we are not responsible for the privacy practices of these sites. When you leave our Website, you should familiarise yourself with the privacy statement of that website prior to providing your Personal Information, as this Privacy Policy only applies to Personal Information collected by us or through our Website.
20. Changes to this Privacy Policy
We may, from time to time, review, amend and update this Privacy Policy. When this occurs, we will post details of this update on the Website. We encourage you to periodically review this Privacy Policy so you are aware of our latest practices with respect to Personal Information.
Hardcopies of this Privacy Policy are available upon request.
21. Contact Information
If you wish to exercise any of your rights under this Privacy Policy, have any questions, comments or complaints regarding our practices, or if you are of the view that we have not adhered to this Privacy Policy, you may write to our Privacy Contact Officer at the PCO’s Email Address or PCO’s Address.
Upon receipt of a complaint, we will work with you to resolve your complaint. If we are unable to resolve your complaint to your satisfaction within a reasonable timeframe, you may refer your complaint to the Privacy Commissioner.
PCO’s Address: SOUTH ENTRANCE' ROOM 219 LEVEL 2 814-818 WHITEHORSE ROAD BOX HILL VIC 3128
PCO’s Email Address: legal@illuminargroup.com
Website: http://www.pokermaster.com
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