GFINITY eSPORTS AUSTRALIA PTY LIMITED
1. Terms Of Website Use
2. Other applicable terms
- Our Privacy and Cookies Policy [HERE], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. It also sets out information about the cookies on our site.
- Our Acceptable Use Policy [HERE], which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Use of Site by Children Policy [HERE], which sets out our approach to children’s use of our site.
3. Information about us
www.gfinity.net/au/ is a site operated by Gfinity eSports Australia Pty Limited (ABN 44 619 131 574) ("We").
4. Changes to these terms
5. Changes to our site
We may update our site from time to time, and may change the content at any time.
6. Services requiring payment of a fee
Our site is generally made available free of charge (except for the Subscription Services). We may sometimes charge a fee for certain services and/or promotional events. If the service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed prior to you incurring any fee. Our fees are quoted in Australian dollars and we may change our fees for future services from time to time. We will notify you of changes to our fees by posting such changes on our site or, if you are a subscriber, by letting you know not less than 14 days in advance so you can cancel your subscription if the fee change is not acceptable to you.
7. Accessing our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. If necessary for business, legal or technical reasons we may suspend, withdraw, discontinue or change all or any part of our site without notice. To the extent permitted by law, we will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
8. Your account and password
To use certain parts of our site, you must submit a completed registration form to us. We may refuse your application for registration at our discretion. If we accept your application for registration we will confirm this by providing you with a username and password.
You undertake that all information provided by you for the purpose of registering with us is accurate and complete.
Each registration is for a single user only. You may not share your username or password with any other person nor with multiple users on a network and nor may another user use your account on your behalf. Your account is for your own personal and non-commercial use.
You accept sole responsibility for all use of and for keeping secret your username and password. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.
9. No reliance on information
The content on our site (including that provided by third parties), is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
10. User generated content
We accept no liability for any content supplied by any user for display on our site ("User Generated Content") and the limitations in section 14 below (Limitation of our liability) apply.
You are able to contribute to our site and whilst we encourage you to contribute User Generated Content to our site you agree that when doing so, you will:
(b) only upload or submit User Generated Content to our site which either you own or which you have the permission of the owner of that material to submit and you must not submit any User Generated Content in which the intellectual property or other proprietary rights are owned by any third party; and
(c) not submit any User Generated Content which contains personal information of a third party unless that third party has consented to us collecting, using and disclosing it in accordance with our Privacy and Cookies Policy.
You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising (including, without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms relating to User Generated Content.
11. Intellectual property rights
Other than any User Generated Content that users submit to our site, the copyright and all other intellectual property rights in the content, together with the site design, text and graphics, and their selection and arrangement, belongs to us or to our licensors. All rights are reserved. Except to the extent permitted by law, none of this content may be reproduced or redistributed without our written permission. You may view, download and print any content made available to you through our site provided that such content:
(a) may only be used for your own personal and non-commercial purposes and shall not be reproduced or included in any other work or publication in any medium or otherwise be distributed or sold to any third party;
(b) may not be modified or altered in any way; and
(c) you must not remove any copyright or other proprietary notices contained therein.
You shall retain ownership of all copyright in User Generated Content that you submit to our site. When you submit User Generated Content to our site you automatically grant us a world-wide, non-exclusive, royalty-free, non-terminable licence (including the right to sub-licence to third parties) to use, communicate to the public, copy, distribute, publish, play, perform and make adaptations or derivative works of such User Generated Content in any manner and for any purpose whatsoever including, without limitation, any commercial or advertising purpose.
12. Use of forums
Our site contains forums to facilitate the sharing of information and networking. Views expressed are solely those of the contributors and we make no warranty as to the accuracy of any statements.
Contributors to forums are reminded to make responsible postings, in accordance with the Acceptable Use Policy. Commercial advertising of services or products is not permitted in forums.
We reserve the right to close the user accounts of persistent offenders. Users of forums are encouraged to report inappropriate postings.
Comments posted in forums may not be published in any form elsewhere – whether reproduced, quoted, or paraphrased – without the prior consent of their originator. Before referring to material contained here in any public domain, please contact the editor for advice.
If you decide to contact a user or rely on details contained in a post by another user, you do so at your own risk.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Breaches of this provision may amount to criminal conduct under the Crimes Act 1900 (NSW) and other applicable legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14. Limitation of our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
15. Applicable law