Privacy Policy - Storeplay

INTRODUCTION
1. These Terms and Conditions form a legally binding agreement between you (“you”, “User”) and MARKETING MELODIES PTY LTD T/A STOREPLAY of 1385 Malvern Rd, Malvern, Vic 3144, Australia (“Storeplay” “we,” “us” or “our”) in respect of your use of the Storeplay mobile software application that Storeplay makes available and the related website located at https://storeplay.com.au and any other websites owned or controlled by Storeplay (together or separately the “Service”).
2. By installing, using or otherwise accessing the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions.
3. Storeplay reserves the right to alter, modify, add to or change in any way, any provision of these Terms and Conditions and may, limit or expand the services available via the Service, however any material changes to these Terms and Conditions will be notified to the User prior to being implemented.
TERM & RIGHTS GRANTED
1. These Terms and Conditions shall apply from the date that the User first accesses or starts using the Service and shall continue until the User ceases using the Service (“Term”).
2. During the Term you are granted a non-exclusive, non-transferable, non-sublicensable license to use and access the Service in accordance with the further Terms and Conditions set out here and any additional terms and conditions or agreements that you enter into with Storeplay.
PROPRIETARY RIGHTS IN THE SERVICE
1. All materials incorporated into the Service including, but not limited to, underlying software, code, design, text, graphics, video, music and other files is the property of Storeplay, or is licensed to Storeplay (“Storeplay Content”). All rights are reserved. Storeplay Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Storeplay.
2. The Service and the Storeplay Content are licensed, not sold or transferred to you, and Storeplay and its third party licensors retain ownership of all Service and the Storeplay Content.
3. All Trade Marks, logos, trade dress and service marks on the Service are either Trade Marks or registered Trade Marks of Storeplay, or are permitted to be used by Storeplay and shall not be copied, imitated, or used, in whole or in part, without the prior written consent of Storeplay.
USER ACCOUNTS
1. In order to access certain parts of the Service the User will be required to register as an account holder via the Service. This is done by completing the account sign up process and creating a user account (“User Account”).
2. The User is solely responsible for maintaining the confidentiality of their User Account and password and for all activities that occur under their User Account.
3. The User is solely responsible for activity and information attached to their User Account.
4. The User must notify Storeplay immediately if they believe their User Account has been compromised.
DISCLAIMER
1. Storeplay shall use reasonable care and skill in providing the Service to you in accordance with these terms and conditions, however the Service is provided on an “as is” basis and subject only to your rights pursuant to the Australian Consumer Law, without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Service for a particular use or purpose, accessibility or warranties that access or use of the Service will be uninterrupted or error-free, and that the Service will be secure or free of viruses or other harmful material or elements, or that the Storeplay Content will be correct, accurate, timely or complete.
2. Where Storeplay is found to be responsible for a breach of any warranty or condition implied by statute and which cannot be lawfully excluded, Storeplay’s liability is limited (to the extent permitted by the Australian Consumer Law) to the following, at Storeplay’s option:
  1. in the case of goods supplied or offered by Storeplay:
    1. to the supply of those goods again; or
    2. to the payment of the cost of having those goods supplied again; or
    3. in the case of services supplied or offered by Storeplay:
  2. in the case of services supplied or offered by Storeplay:
    1. to the supply of the services again; or
    2. to the payment of the cost of having services supplied again.
3. The Storeplay Content or User Materials may include technical inaccuracies or typographical or other types of errors. Storeplay has the right to make changes, modifications and updates to any Storeplay Content contained on the Service without prior notice.
4. To the fullest extent permitted by law, Storeplay and its related bodies corporate, its directors, and employees expressly disclaim all warranties, express or implied, of any kind with respect to the Service, however for the avoidance of doubt, these terms do not limit Storeplay’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or exclude.
5. To the fullest extent permitted by law Storeplay is in no way responsible and accepts no liability for any consequential or indirect loss (including but not limited to loss of revenue or anticipated profits, loss of goodwill, loss of business) in connection with your use of the Service.
6. To the fullest extent permitted by law, Storeplay is in no way responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from the User’s use of the Service, whether occurring on the Service other than in the case of Storeplay’s gross negligence or wilful misconduct.
LINKS TO EXTERNAL WEBSITES
1. Through the Service Users may be able to link to other websites which are not under the control of Storeplay. Storeplay has no control over the nature, content and availability of those external websites. Unless otherwise stated, the inclusion of any links on the Service does not imply a recommendation or endorsement of the goods and services, or opinions contained within such websites.
USER WARRANTIES
1. THE USER WARRANTS THE FOLLOWING:
  1. THAT THEY ARE OVER THE AGE OF THIRTEEN (13) YEARS OLD; AND
  2. THAT STOREPLAY SHALL NOT BE IN ANY WAY LIABLE TO THE USER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THE USER’S USE OF THE SERVICE.
INDEMNITY
1. Each party indemnifies the other, and holds the other (and where applicable, its officers, directors, employees, contractors, affiliates and licensors) harmless from and against any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to that party’s violation of these Terms and Conditions, or that party’s violation of any laws, regulations or third party rights, including but not limited to any privacy or intellectual property rights.
PRIVACY
1. We handle your personal information in accordance with our Privacy Policy found here https://storeplay.com.au/privacy-terms.
ASSIGNMENT
1. The User acknowledges that these Terms and Conditions are personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior written consent of Storeplay. Storeplay reserves its right to assign these Terms and Conditions in whole or in part at any time.
GENERAL
1. These Terms and Conditions and the access and use of the Service shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Service, the Users accepts that any dispute under these Terms and Conditions or arising out of access and/or use of the Service shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Service, the User hereby submits to the jurisdiction of such courts for such purposes.
2. Users are solely responsible for compliance with any applicable laws of the country from which they access this Service.
3. In the event of any dispute regarding these Terms and Conditions, the parties agree to attempt in good faith to resolve such dispute by mediation prior to commencement of legal proceedings.

Storeplay is owned and managed by Marketing Melodies, ABN 49 058 174 628. Storeplay registered address is 1385 Malvern Rd, Malvern, Vic, 3144.