Last updated: 26th February 2016
Please read these Terms and Conditions carefully before using the https://wirthwhilegaming.com/ website and related web services operated by Wirthwhile Software Pty Ltd.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service
You must provide accurate information when you create your Wirthwhile Gaming account.
You are responsible for safeguarding the password and all activities that occur under your account. You should notify Wirthwhile Gaming immediately if you become aware of any breach of security or unauthorized use of your account.
You must comply with our Acceptable Use Policy at all times when using the Service.
You may never use another user's account without permission.
You may not disassemble, decompile or reverse engineer the Service or attempt to assist anyone else to do so, unless such restriction is prohibited by law.
You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy
or if you are using the Service in a manner that we believe may cause us financial or legal liability.
All payments placed will be considered final. Payments made to Wirthwhile Gaming provide credits to your account which are spent on services. In the event that you cancel your account, you forfeit any remaining credits in your account and no refunds will be provided. Unless otherwise stated, all payments made under this Agreement shall be in Australian dollars. Except as otherwise expressly provided herein, payments are non-refundable.
All payments made by Australian users will be inclusive of GST. All users outside of Australia will not be subject to any tax from Wirthwhile Gaming.
Access to Wirthwhile Gaming's services attract fees. These fees are deducted from credits in your balance. Should your balance not have sufficient credits to provide a service, that service will be suspended until there is sufficient credit in the balance. Wirthwhile Gaming reserves the right, at our sole discretion, to modify any fees to services provided. We will try to provide at least 30 days notice prior to any fee changes taking effect.
Some areas of the Service allow you to post or upload information, text, graphics, or other material ("Content" or, when posted by you, "your Content"), and to share your Content with others. You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. Wirthwhile Software Pty Ltd has no responsibility for that activity. You understand that publishing your content on the Service is not a substitute for registering it with your local Copyright Office or any other rights organisation.
Intellectual Property Rights
The Service (excluding Content provided by users) constitutes Wirthwhile Software Pty Ltd’s intellectual property and will remain the exclusive property of Wirthwhile Software Pty Ltd and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Wirthwhile Software respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Wirthwhile Software Pty Ltd. Wirthwhile Software Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web site or service. You further acknowledge and agree that Wirthwhile Software Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You agree to defend, indemnify and hold harmless Wirthwhile Software Pty Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a change will be determined at our sole discretion.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WIRTHWHILE SOFTWARE PTY LTD IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING WIRTHWHILE GAMING’S API). Those who access or use the Service do so at their own risk and are responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WIRTHWHILE SOFTWARE PTY LTD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT WIRTHWHILE SOFTWARE PTY LTD HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WIRTHWHILE SOFTWARE PTY LTD’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO WIRTHWHILE SOFTWARE PTY LTD IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.