Terms and conditions

DREAM WELL PTY LTD

(ACN: 610 301 098)

Introduction

In these terms and conditions (Terms):

  • Dream Well Pty Ltd (ACN: 610 301 098) is referred to as the Company, we, our or us
  • the website located at http://fitforbattle.net/ is referred to as the Site
  • the mobile application called Fit for Battle is referred to as the App
  • a User is someone who uses the Site and/or App
  • you, as a User of the Site and/or App are referred to as you and your

These Terms are the entire agreement between the Company and the User with respect to the use of the Site and App.

All prior representations and understandings, whether written or oral, are excluded.

The User must comply with all policies and procedures as published by the Company on the Site from time to time.

Acceptance of these Terms can only be full. Any purported alteration of the Terms by the User is not binding on the Company.

If any provision of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, all the remaining provisions nevertheless continue in full force and effect.

 

Account Information and Acceptance

You warrant that all information provided by you to us in relation to your account is true and correct.

 

Security

You are responsible for protecting your login details.

Users who share their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Site and App.

You must notify us immediately if there is any unauthorised usage of your account.

 

Account Access

There is no charge to register with us, create a Fit for Battle account, use our Site or download the App on your mobile device. However, you can make in-App purchases to improve your gaming experience. Any purchase you make is governed by our payment terms.

After you have created an account either on the Site or the App, your account will become activated. Once your account has become activated, you will then have full use and enjoyment of the App, subject to any portions of the App requiring an in-App purchase to be made.

By creating an account, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

 

Payment

In-App purchases must be paid via credit card or debit card. Payment transactions are not processed by us, nor do we collect, hold or receive your payment information. Our payment processor is dependent upon the mobile device you use to access the App and will be either Apple’s In-App Purchase system or Google Play’s In-app Billing service.

As we do not handle the processing of your purchase, you must notify any payment discrepancies to the relevant third-party provider.

 

Conduct

You agree to conduct yourself in a professional manner when using the Site and App, and agree not to:

  • use a false email address, impersonate others, or misrepresent your affiliation with others;
  • attempt to gain unauthorised access to computer systems or content through the Site or App;
  • use the App under the influence of alcohol, medication or illicit substances that does or could impair your judgement or ability to react in a timely manner;
  • attempt to or actually interrupt, negatively impact or alter the operation of the Site or App in any way; or
  • use the Site or App in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory.

 

You further agree that you:

  • will seek appropriate medical advice prior to your use of the App;
  • are in control of the difficulty setting of the App and that you will use the App within your physical constraints;
  • will maintain your situational awareness at all times during your use of the App so as to avoid physical injury to yourself and others;
  • will maintain the volume of the App at a level that will allow you to hear nearby vehicles, whether emergency vehicles or otherwise.

 

Intellectual Property

All right, title, and interest in and to the intellectual property subsisting in the Site and the App remains with the Company and/or its licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to the User by these Terms, except in accordance with our End User Licence Agreement.

Any and all specialty software, applications, and services, and products offered or may be offered by the Company are maintained by the Company based on the User’s agreement with the Company.

You may not claim ownership of any products or services created and owned by the Company and hosted within the Site or App; such are the sole property of the Company including any and all intellectual property associated with such applications, products, or services.

You authorise us to use, store, reproduce and manipulate your data stored within the Site and App in the provision of services to you.

 

Third-Party Services and Content

We may display content, advertisements and promotions from third parties through our Site or App (Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.

 

Site and App Availability

We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site and App will run and perform optimally.

However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.

You may not be able to use the App due to traffic conditions on the internet, problems occurring at the Company’s upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site and App in a timely manner.

 

Indemnity

  • You indemnify Us for all damages suffered or incurred, whether directly or indirectly, in connection with:
  • your use of the App, including without limitation to claims relating to damage to property, personal injury or death;
  • any actual or alleged infringement of any intellectual property rights by you;
  • any actual or alleged breach of any applicable privacy laws, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes;
  • any actual or alleged breach of any applicable consumer protection laws and regulations; and
  • negligence or default by you.

 

Disclaimer

The Company is only responsible for providing the Site and App in accordance with these Terms.

The Company is not responsible or liable for any illness or other results or damages caused by your use of the App, including without limitation, for any death, bodily injury or health problems, or any other negative experience with your use of the App. We expressly disclaim any and all liability in connection with the foregoing.

We recommend that prior to your use of the App you seek medical advice from a health professional. We are not responsible for any claims arising or resulting from your reliance on that medical advice.

The Site and App are provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site or App.

The names, characters, personas, companies and scenarios depicted in the App are fictitious. Any similarity to a current or former company or business or a person, living or dead, is coincidental.

 

Limitation of Liability

To the fullest extent permitted by law, the Company excludes all terms, conditions, warranties, and guarantees which might be implied into these Terms.

Our liability to you in respect of any claim made by you arising out of the provision of services is limited, at our option, to the provision of the services again or paying to provide the service again.

The Company is not liable for any loss of profits, loss of data, loss of revenue, loss of business opportunity or other head of damage commonly described as being ‘indirect’, ‘incidental’, ‘consequential’ or ‘punitive’ arising from the provision of the Site and App to you.

 

Amendments

The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms.

It is your responsibility to check the Site for changes. If you access the Site or use the App after a notified change to these Terms, you are deemed to have consented to the Terms in their modified form.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site or App (or any features or parts thereof) at any time and without liability.

We may offer new features, functionality or services through the Site and/or App. Such new features and functionality, if offered, are offered subject to these Terms.

 

Termination

If, in our sole opinion, you have breached these Terms, we may terminate, suspend or restrict your account with immediate effect.

Termination, suspension or restriction may occur without notice to you.

If terminated or suspended, you will be unable to access and use the Site and App.

These Terms survive any termination.

 

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

 

Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws applicable in New South Wales, Australia.

The Company and the User agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia

 

Last updated: 5 April 2016

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