Effective on 12 April 2013
Expressions we use
In these Terms, unless the context indicates otherwise, the following expressions have the following meanings:
- App means the TriviaQuiz apps available from www.trivia-quiz.net;
- System means the TriviaQuiz App and Website;
- TriviaQuiz means the business Trivia Quiz App (Australian Business Number 53 394 652 330);
- User means any person that uses the App or Website;
- Website means the website available at www.trivia-quiz.net;
Other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning.
Who is bound by these Terms?
Every User is bound by these Terms. If you do not agree to the Terms, then you are not granted permission to use the App or Website and must exit immediately.
Each User warrants:
- that the User has the power to enter into enforceable agreements;
- that the posting of any information on this System and the content of any such information posted by the User may be lawfully posted by the User in that it must not (i) be illegal or violate any intellectual property rights of any person or entity, statute, law, or regulation; (ii) be offensive, obscene, hateful, defamatory, indecent, threatening, abusive or distasteful; (iii) be any advertising, spam, program, virus, worm or similar matter that adversely interferes the data and the operation of the Website; (iv) be professional advice or any links/references to any other websites except where expressly permitted to do so; or (v) be disclosure of any confidential information owned by any third party;
- that any information supplied to TriviaQuiz and/or posted on the System by the User is and will be true, correct, accurate, complete and not misleading at all times;
- that the posting of any information to the System and the content of any such materials posted by the User may be lawfully posted by the User in that it must not (i) be illegal or violate any intellectual property rights of any person or entity, statute, law, or regulation; (ii) be offensive, obscene, hateful, defamatory, indecent, threatening, abusive or distasteful; (iii) be any advertising, spam, program, virus, worm or similar matter that adversely interferes the data and the operation of the System; (iv) be professional advice or any links/references to any other websites except where expressly permitted to do so; or (v) be disclosure of any confidential information owned by any third party;
- that access to, use, registration for or utilisation of the Services is determined by the User's own volition and is entirely at the User's own risk and will not make any claim against TriviaQuiz in respect of, or hold, or seek to hold, TrivizQuiz responsible for, or liable for, the actions or omissions of any other Users nor for any warranties, representatives, promises or statements of TriviaQuiz whether express or implied;
- the performance of its obligations and compliance with the Terms;
Each User acknowledges and agrees to be bound by the following:
- Each User will not do anything which may:
- be fraudulent or illegal; or
- render TriviaQuiz liable to any other person or Authority; or
- breach any law of obligation or duty owed to any person OR render TriviaQuiz liable for any breach of any law or obligation to any person; or
- cause any damage or interference to the System; or
- in any way interfere with the conduct of TriviaQuiz business.
- Each User will not to bring any action against TriviaQuiz for the purpose of bringing or maintaining any claim against TriviaQuiz based on any breach of any obligation, whether express or implied, on the part of any other User.
- Each User agrees to pay for any items that they purchase through the System and agree that all purchases are final and not refundable.
- Each User must not take any action of any kind whatsoever, which interferes with the proper operation of the System. A User must not copy or deal with or alter or modify any material on the System except material posted to the System by a User in accordance with these Terms.
Rights of TriviaQuiz
- reserves the right to change these Terms at any time without prior notice as long as they are posted on the System in legible terms;
- If a User breaches any of the User's Obligations in OWW Documents, then OWW may without reference to the User and in its absolute discretion remove any User information from the System in order to rectify such breach or terminate the provision of its System and do all such things as it considers appropriate to prevent the User gaining access to or using the System;
- may, at any time in its discretion:
- publish, (or cease to publish), reproduce, use, adapt and manipulate all information posted on the System;
- correct any errors, inaccuracies or obvious omissions in the information on the System without prior notice to the Users;
- shut the System down or suspend access to the System for the purpose of improving, maintaining or altering it; and
- terminate the use of the System
- Each User acknowledges and agrees to Rights of TriviaQuiz and each User will not have any claim against TriviaQuiz even if TriviaQuiz exercises its rights thereunder.
Disclaimer of Warranty and Liability
- Without limiting anything else in these Terms or otherwise, TriviaQuiz makes no representations or warranties as to the quality, fitness, reliability of the System available and contents on the System and is not liable for:
- any representation or statement made by any User in relation to the identity of any User, goods or services offered by any User and without limitation is not liable for User information posted on the System by the Users;
- any matters outside of its direct control;
- for any breach by a User of the Terms or for the actions of Users whether such actions mean a User accessing or downloading any User information posted on the Website by any other User;
- for any actions or omissions of the User in accessing, or in respect of, this Website and utilising the Services.
- Use of the Website and the internet are solely at the User's own risk and neither TriviaQuiz or its affiliates will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, viruses, errors, any force majeure events or governmental restrictions or regulations as amended from time to time.
- The relationship between TriviaQuiz and each User is that of the relationship between independent contractors;
- The Trade Practices Act (Cth), and other statutes (Legislation) may impose warranties, terms and conditions or impose obligations on TriviaQuiz which cannot, or can only to a limited extent, be excluded, restricted or modified and the User agrees, to the extent permitted by law:
- any warranties of TriviaQuiz (whether express or implied under the Legislation), are to the extent possible, excluded;
- such conditions that exclude or limit TriviaQuiz liability shall apply;
- subject to the above the User's Obligations shall be construed subject to the Legislation and any inconsistency between the Legislation and the User's Obligations shall be read down to conform to the Legislation; and
- that TriviaQuiz does not, and cannot guarantee or warrant, the quality or suitability of its Services
- TriviaQuiz's liability for a breach of a condition or warranty implied under the Legislation is, to the extent permissible under that Legislation, limited to:
- in the case of goods, any one or more of the following:
- replacement of the goods and the supply of the equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; and
- the payment of the cost of having the goods repaired; and/or
- in the case of Services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again
- TriviaQuiz shall not be liable, in any way, where a User suffers any damage as a consequence of any matter beyond the control of TriviaQuiz.
Indemnification by the User
Each User acknowledges and agrees:
- to indemnify TriviaQuiz in respect of any claim of any nature brought by any person including any other User against TriviaQuiz arising out of any breach of the User's Obligations, or by any act or omission on each User's part or the breach of any law or obligation by the User;
- that TriviaQuiz has no liability for any infringement of moral rights and agrees to indemnify TriviaQuiz in respect of any claim for any infringement of moral rights;
- to indemnify TriviaQuiz, and keep TriviaQuiz indemnified, against any loss, damage, cost, charge or expense including legal fees whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the User of the User's Obligations and the User will pay on demand, by TriviaQuiz, to TriviaQuiz any sums claimed by TriviaQuiz pursuant to this indemnity.
- Parties agree that:
- words importing the singular shall include the plural and vice versa;
- where any of the parties hereto comprises more than one person any covenants, agreement or obligation undertaken, or benefits received by virtue of this Agreement, shall be undertaken or received by all of them jointly and each of them severally, and the claims the subject of the release or indemnity as the case may be include all claims by or against those persons or any one of them;
- references to any person in these Terms shall include the legal personal representatives, executors, administrators, successors and permitted assigns of that party;
- references to a person shall be construed as references to an individual, firm, partnership, joint venture, body corporate, association (whether incorporated or not), ministerial corporation, government and governmental, semi-governmental and local authority or agency;
- every covenant or agreement or undertaking expressed or implied by which more persons than one covenant, promise or agree to undertake to perform an obligation in terms of these Terms shall bind such persons jointly and each of them severally;
- If any part of TriviaQuiz Terms containing the User's Obligations is prohibited, void, voidable, illegal or unenforceable under the laws of any relevant jurisdiction then that part is severed for the purposes of that jurisdiction only but without affecting the continued operation of the rest of the User's Obligations in that jurisdiction or the operation of the TriviaQuiz Terms containing the User's Obligations in any other jurisdiction.
- Any part of TriviaQuiz System and any use of/access to/ transaction arising out of the use of the System is governed by, and construed in accordance with, the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
- The Copyright in these Terms are held by TriviaQuiz. No trade marks of TriviaQuiz may be used by any other person. No intellectual property of TriviaQuiz may be used by any other person.