To the maximum extent permitted by the law, the Promoter shall not be liable for any loss and/or personal injury suffered by or to the winner that occurs as a result of the winner ’ s entry into the competition or consumption of the prize.
This Promotion and these Terms and Conditions are subject to the jurisdiction of the relevant courts sitting in Australian States and Territories.
The Promoter reserves the right to amend, terminate or temporarily suspend this Promotion, if, in its absolute discretion, it considers it necessary to do so, save that the Promoter shall not exercise this right unreasonable, subject to any written approval from a relevant Regulatory Authority.
In the event that prizes are required to be posted or couriered to the winner, the Promoter cannot accept responsibility for loss or damage to prizes in transit. The Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner. This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
The Promoter reserves the right to exclude any entries which it believes to be fraudulent or based on misconduct; infringes a third party ’ s intellectual property rights, or in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, inflammatory or defamatory language or in any other manner, not in accordance with these Terms and Conditions.
An entrant's personal data will only be held for the purpose of selecting the winner and for sending first party (Vuly) marketing materials, and will not be used for any other purposes whatsoever without their prior permission. The Entrants' personal details will under no circumstances be sold or otherwise transferred to a third party. Entrants' personal information may be disclosed to State and Territory lottery departments and the winner's name published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at their address set out below. Entrants grant the Promoter permission to communicate with them by phone and/or e-mail in order to provide details of the prize and/or instructions as to how the winner is to claim the prize and establish their entitlement to it.
Entrants are deemed to have accepted these Terms and Conditions by participating in this Promotion. All entries become the property of the Promoter. The winner may be required to take part in reasonable publicity. The promoter may photograph, video and/or film activities relating to acceptance or consumption of the prize. The winner acknowledge that the promoter has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to the winner.
The Vuly brand and associated logos are trademarks of Vuly Trampolines Pty. Ltd. 2012. The Promoter is VULY NZ LIMITED (Company Number: 6340414) of 95 Ingleston Road Wakerley (Brisbane) QLD 4154 Australia, 0800 661 238. Any questions, comments or complaints regarding this Promotion should be directed to VULY NZ LIMITED via firstname.lastname@example.org and not to any other channels.
These Terms of Service ("Terms") are a legal agreement between the developer and you. By using or accessing any developer game or application ("Service") you agree that you have read, understood and accept to be bound by the Terms. The developer reserves the right, in its sole discretion, to modify or revise these Terms at any time. By using the Service, you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service. Users are responsible for periodically viewing the Terms. Your continued use of the Service after changes or updates have been made constitutes your acceptance to the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service. If you violate the Terms, the developer reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that the developer need not provide you notice before terminating or suspending your account(s). The developer reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of the Terms. You agree that the developer may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability. You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to the Terms.
All materials of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, software, music, sound and other files) are protected by Australian copyright laws and/or similar laws of other jurisdictions. You agree that no materials part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the developer's express prior written permission. The foregoing does not apply to your own User Content (as defined below) that you legally post on the Vuly Trampolines Facebook site. All other uses of copyrighted material, including any derivative use, require express prior written permission from the developer. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in criminal liability. The developer remains the owner of right, title, and interest of all materials, including copyrights and other intellectual property rights, of all content posted on the Service by the developer. You acknowledge that you do not acquire any ownership rights in the materials or any derivative works thereof by using the Service or by accessing any materials posted on the Service. The developer grants you a personal, non-exclusive, non-transferable, revocable, limited scope licence to use the Service solely for the purpose of viewing and using the Service. Your licence to use the Services is limited by these Terms.
You agree that you are willingly publishing the content on the Service using the technology and tools provided by the developer. You understand and agree that you may not distribute, sell, transfer or licence this content and/or Application in any manner, in any country, on any social network or other medium, without the explicit written permission of the developer. You grant the developer the right to act as an agent on your behalf as operator of the Application. Any selection and arrangement of data, text, graphics or photographs (here in after "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by the developer. Text, graphics and photographs uploaded by you are the sole responsibility of the person from whom the User Content originated. Thus, the developer is not responsible for any files users upload, post or otherwise make available. The developer may or may not regulate User Content and does not guarantee the accuracy, quality or integrity of any User Content posted via the Application. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the developer will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content. The developer reserves the right to remove and permanently delete any User Content from the Service with or without notice.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, the developer and its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. The developer makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service. Consequently, it assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service. In no event will the developer and its directors, officers, agents, contractors, partners or employees be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not developer has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the developer shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold the developer and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) any Content you post or share on or through the Service.
By visiting or using the Service, you agree that the laws of Australia govern these Terms. Any claim or dispute between you and the developer that arises, in whole or in part, from your use of the Service shall be decided exclusively by the relevant jurisdiction sitting in Queensland, Australia. The developer reserves the right to amend these Terms at any time and without notice. It is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
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