For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
- Licence to use Site
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
a) unless you hold all necessary rights, licences and consents to do so;
b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d) that would bring us, or the Site, into disrepute; or
e) that infringes the intellectual property or other rights of any person.
1.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5 You acknowledge and agree that:
a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
2.6 You may not export, transmit, duplicate, publish, reproduce or re-use any of the information or data on our website without our express consent.
3.1 You represent and warrant to us that:
a) you have the legal capacity to enter these Terms; and
b) you have complied with clause 1.3.
4.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option, in the case of services:
a) the supply of the services again; or
b) the payment of the cost of having the services supplied again.
4.4 You acknowledge that we have a “Ratings and Reviews” function of our Site. You acknowledge that users of our website may publish comments on our Site. You acknowledge that the views and opinions expressed in such comments are made by third-parties and are not representations made by us. We do not endorse any such comments and we make no representations about the accuracy or suitability of such comments. You are recommended to make your own enquiries and seek your own advice before relying on such comments
4.5 We are not liable for any financial or non-financial loss or damage to you or your business caused directly or indirectly by any ratings or reviews made on our Site.
5.1 This Site contains advertisements and information provided by third parties. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this Site or its contents. We make no warranties regarding the accuracy or suitability of the information or links provided on our Site and you use our Site at your own risk.
6.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
6.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
7.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
7.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
7.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
7.4 This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
7.5 Links to third-party websites are for your convenience only. We are not responsible and we make no warranties regarding any third-party websites.
8. Cancellation Policy
8.1 You may terminate this contract and remove your listing at any time by providing seven (7) days’ notice to us, in writing.
Our ratings and reviews functions are subject to the following terms:
- The availability and use of the ratings and reviews is available on our Site as determined by us from time-to-time.
a) We allow Site users to provide ratings and reviews in relation to businesses listed on the Site
b) We allow Site users to provide feedback on the businesses including providing:
iv Questions; and/or,
c) Users must first register with our Site before providing such ratings and reviews
d) These terms apply to the use of the ratings and review function on our Site
e) We may change these terms at any time without notice to you.
- If you use our Site you acknowledge that we bare no responsibility for monitoring the comments made on our site. The comments made on our Site are make by third parties and are not made by us. We accept no liability for any comments made by third parties on our Site. You should make your own enquiries before relying on any information provided on our Site. We do not accept any liability for incorrect, incomplete or unsuitable information provided in the comments on our Site.
- You warrant that your posts:
a) Are factually correct
b) Reflect your honest and genuine experience and opinion;
c) Are not illegal, or unlawful and will not cause a breach of any law
d) Do not include pornographic, sexually explicit, violent, threatening or obscene content or links to other websites that contain any of these;
e) do not contain any information that will personally identify any third party unless you have obtained that person’s consent;
f) do not refer to persons under the age of 18;
g) do not include any inappropriate language including racist, hateful, discriminatory, or language that vilifies any person;
h) do not infringe any third party’s intellectual property rights, including copyright, and that we will not infringe the intellectual property rights or any other rights of any other person by using the Site;
i) do not infringe the moral rights of any third parties and that you have obtained any necessary moral rights consents from authors of work you submit as part of your comments;
j) are not defamatory or malicious or promote, incite or instruct matters of crime;
k) will not transmit any malware, viruses or harmful computer code;
l) do not constitute a commercial solicitation to users of our Site to buy goods or services;
m) do not refer to businesses which are not listed on our Site or otherwise refer to any other websites or applications, including social media sites; and
n) have not been created in exchange for any form of benefit or payment from a third party.
4. You acknowledge:
a) We are under no obligation to publish comments on our Site and we may remove or edit your comments in our absolute discretion;
b) except where we are legally required to do so, we are under no obligation to monitor, remove or modify your comments and, in that regard, at all times we shall remain neutral; and
c) We may, at our discretion, terminate your access our Site for any reason, including if we believe you have breached these Terms.
5. Any comments you leave on our Site are your intellectual property. You grant us a non-exclusive, irrevocable, perpetual and worldwide, royalty-free transferrable license to use, reproduce, modify, adapt, and publish your comments. This license shall not merge on the termination of this agreement. We may use your comments for any reason in the course or furtherance of our business.
6. These terms are subject to the laws of New South Wales, Australia.
Terms and Conditions for competitions
Facebook Disclaimer: Entrants should understand that they are providing their information to Playing in Puddles and not to Facebook. Promotions are in no way sponsored, endorsed or administered by, or associated with Facebook.
Official Rules for the Playing in Puddles promotion
By entering the promotion referred to in these official rules (the “Promotion”) you (the entrant) and we (the promoter whose details are set out below) are entering into a contract on the terms of these official rules (“Official Rules”).
- How to enter: You enter the Promotion by entering via the Playing in Puddles Facebook page, Instagram page and/or website as outlined on the specific promotion.
- You agree that all property in your entry becomes solely owned by us after your entry. This includes rights in any tangible items you provide and in the content of your entry. We may use, disclose, change and transfer such property. By entering, you agree that we may rely on there being no present or future obligation to pay any fee to anyone or to obtain anyone’s consent or to provide any form of attribution in connection with your entry.
- Eligibility: Only individuals residing in Australia aged 18 and older can enter. Our officers, employees, contractors, agents and suppliers and the immediate family members of any of them or of anyone associated with the Promotion are ineligible to enter. Automatically or mechanically produced entries, and entries we reasonably consider to be inappropriate for any reason (eg because they are disparaging or unlawful) are ineligible.
- Promotion period, place, time & date of selection : The Promotion period is outlined on the relevant competition page. Selection of winners will occur at the Playing in Puddles office. Times are Sydney, NSW.
- Prize details: Prize details are outlined on the relevant competition page. The prize is not transferable for cash. Prizes in the Promotion are not allocated on the basis of a place within a country, for example a state, municipality or city. Entries and prizes are not transferrable and are not redeemable for cash. If a prize cannot be retained for any length of time after selection of a winner, we may deal with it prior to it being made available to the winner in a way we consider reasonably appropriate (which may include, if the law requires, preserving its reasonable value and after deducting the reasonable costs of any disposal having the proceeds held in trust for the ultimate winner). The winner is solely responsible for all taxes and expenses in connection with acceptance or use of any prize (other than expenses expressly stated in these Official Rules as being included in the prize.)
- Prize value: Details are outlined on the relevant competition page. The values are the usual or recommended retail or market values of the prizes.
- Selection of winners: The Promotion does involve an element of chance. We will aim to undertake the determination of the winner in a fair and transparent manner. If more than one prize is being determined, we will select the major prize winner first unless winning entries are eligible to be re-selected. Where there are prizes other than the major prize we will select them in descending order of number and value. Winning is not contingent on being present at selection of winners. Where practicable, we will afford members of the public the opportunity to witness selection of winners.
- Unclaimed prizes and re-selection: We will aim to distribute all prizes in the Promotion and will take every reasonable effort to identify and contact an entrant selected as a winner. We will allow a reasonable period (and in any event one week or such longer legally required period) within which the person may claim their prize. If person selected as the winner of the prize does not claim the prize within the time provided in these Official Rules or if we have made reasonable but unsuccessful efforts to identify or contact the person, we may substitute another person as the winner using a subsequent selection. The date of any re-selection will be as soon as reasonably practicable after the need for a re-selection process occurs. The place of the re-selection will be the same as for the original selection.
- Notification of winners: We are not required to confirm that entrants’ contact details remain up-to-date – that is entrants’ responsibility. We will aim to notify all winners personally (eg email or Facebook or Instagram) within 2 business days of selection and we will otherwise aim to make all results available within 7 days after selection. We will make results known by posting details on any one or more of the media we use to publicise the Promotion. If you are a winner and you claim your prize and comply with the other requirements of these Official Rules, we will do everything reasonably necessary to ensure you receive your prize within 28 days after your selection as a winner by the following means. This is unless the circumstances of the Promotion or the nature of the prize require a longer period. When we make the results of the Promotion known, we will do so in a way which is consistent with the type of Promotion. We will not charge winners any fee upon receipt of their prize. If you do not claim your prize within what we deem to be a reasonable time you will forfeit the prize and we will select a new winner.
- Separate legal terms: There may be terms applicable to prizes in addition to those set out in these Official Rules. Eg tickets to providers’ services (including entertainment events and travel-related services) are subject to providers’ terms of supply of those services. Also, before allocating a prize to you, we may ask you to agree to some terms in addition to these Official Rules. These would be (a) a statutory declaration confirming your eligibility to be a winner; (b) providing us with any additional information we ask as being appropriate to allocate and manage the award of the prize and claiming your prize and (c) where the prize involves participation by others nominated by you, their consents to the collections, uses and disclosures of information about them which are similar to those you give us under these Official Rules. These additional terms may be with someone other than us. A copy of all these additional terms will be sent to you on request during the Promotion period and, if you are selected as a winner, before you decide whether to claim the prize. If we ask you to sign and return any such additional terms and we do not receive signed copies from you within one week (or such longer period as the law requires) after our request, we may take it that you have decided not to claim your prize, declare you as ineligible as a winner and select an alternate winner. Entry into the Promotion may require you to, or allow you to, use any electronic (online) service which is not provided by us. Where you subscribe to such a service (eg are a member) and have entered the Promotion using it, you agree to abide by the terms of such service in addition to these Official Rules, including where required by that service provider, that you completely release that service provider and acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with that service provider.
- Publicity: By entering, you agree that whether or not you are selected as a winner, we, our group companies and those with whom we or they have commercial alliances (eg prize providers and trademark licensors), and without payment of any fee or obtaining any further consents (a) may use and disclose information about or depicting you (eg your image and/or voice) to promote goods and services using such media (including electronic media such as email, SMS and social media platforms) and in such ways as is reasonable in the circumstances; and (b) will be given such cooperation as is reasonably requested of you as regards participation in media requests, eg being interviewed and photographed.
- Law and our liability for the Promotion: These Official Rules are governed by and shall be construed in accordance with the laws in force in the state of New South Wales. Subject to your rights under Consumer Laws referred to below, you agree that in relation to the Promotion (a) we will not be liable for any circumstances in connection with the Promotion which are beyond our reasonable control; (b) if we are or become liable to you for any reason, our liability will be limited to any out-of-pocket expenses incurred by you up to a maximum of the total prize value referred to above, (c) we will not be liable for any other damages (whether those other damages are referred to as direct, indirect, consequential, special or otherwise) nor shall we be liable for any act or omission, negligent or otherwise, except to the extent allowed for in paragraph (b); (d) if any circumstances in connection with the Promotion occur which require some action by us, we may take such action as a reasonable promoter in our circumstances would take by way of response. In some circumstances, this may involve cancelling the Promotion and any award of prizes under it; and (e) we are bound only by the terms set out or referred to in these Official Rules in respect of the Promotion and only those terms govern this Promotion and set out our agreement.
- Your rights under Consumer Law and who you give your commitments to Regardless of anything else in these Official Rules, nothing in these Official Rules excludes, restricts or modifies the application of Consumer Laws or the exercise of any rights or remedies you may have under Consumer Laws where any such exclusion, restriction or modification would contravene Consumer Laws. “Consumer Laws” refers to the ‘Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law and Fair Trading Act 2012 (Vic) and any applicable similar consumer protection laws in the states and territories of Australia.’
In respect of your promises under these Official Rules, we, in entering into the terms of these Official Rules shall be deemed to be doing so for ourselves and also as agent for and on behalf of and for the benefit of each of Our Associates and, to this extent, each of Our Associates shall be deemed to be a party to the terms of these Official Rules and your promises under these Official Rules are enforceable by each of ourselves and each of Our Associates directly.
- Complaints: If you are dissatisfied with the conduct of the promotion and remain so after any contact with us you choose you can make a written complaint to the government agency which regulates trade promotions in your location. We will provide you with agency details on request.
- Our details: We are the promoter. Our details are c/- O’Donoghue King, PO Box 3783, Erina, NSW 2250. Without limiting the other provisions of these Official rules, our rights under the terms of these Official Rules may be exercised by us and by our transferees, licensees and group members and by the contractors of any of the foregoing.