TERMS AND CONDITIONS

1. SITE USE

The use of this web site ("the Site") and the Services are offered conditionally upon your acceptance of the terms and conditions set out in this document, without modification (the "Terms and Conditions"). By entering the Site and using the Services, you agree to and accept these Terms and Conditions.

2. CONTRACT AGE

The Services provided by NAME GAME are only available to individuals who can make legally binding contracts. The Services provided by NAME GAME are not available to minors and/or those individuals under the age of 18 years old and any other individuals or entities who are legally prohibited from entering into binding contracts.

3. NEW FEATURES

Unless otherwise provided, any new features that are added to enhance the Services, shall be subject to these Terms. You agree that the Services are provided on an "as is" basis and that NAME GAME assumes no responsibility for the timeliness, deletion, misdelivery or failure in relation to the storage or use of communications or personalisation settings.

4. USERS OBLIGATIONS

In consideration of your use of the Site and the Services, you agree:

to provide current, complete and accurate information as required (subject to our Privacy Policy) ("User's Information");
not to use a name that you are not authorised to use or otherwise provide false information;
and acknowledge that NAME GAME does not endorse any of the goods or Services that are in any way transacted through the Services or the Site. NAME GAME is not a principal or agent to any party using the Site or Services;
that any disputes between the NAME GAME Users must be addressed between those Users and you expressly agree not to hold NAME GAME responsible in any way; and
and acknowledge that NAME GAME is not responsible for any misrepresentations and/or breaches of any contract or agreement that may be entered into between Users who transact business via the Site.

5. GOODS AND SERVICES TAX (GST)

5.1 GST will be levied on the fees charged to all NAME GAME Users for the Services provided by NAME GAME .

5.2 NAME GAME is not responsible for the GST obligations (if any) of NAME GAME Users in relation to the tendering of goods and Services through the Site to NAME GAME Users. NAME GAME Users are responsible for maintaining accurate records and for paying all applicable taxes, if any, including GST.

5.3 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999, Commonwealth, Australia.

6. REFUNDS

6.1 NAME GAME may provide refunds for goods purchase through the Site only under the following terms:

that the goods supplied are not what was ordered by the User, as determined by NAME GAME
that the goods supplied suffer from a manufacturers defect as determined by NAME GAME

6.2 NAME GAME will not authorize a refund if the product is not â€œwhat was expectedâ€ but is what was ordered. This includes colour, size or custom changes to products as ordered by the User

6.3 In the event a refund request is determined to be valid by NAME GAME, the refund will be processed within 30 days and will be returned either as a credit for goods or a cheque.

7. PRIVACY

Our Privacy Policy is available at http://www.namegame.com.au/privacy-policy/. We will take all reasonable steps to abide by this Policy.

8. SPECIFIC WARNINGS

8.1 Your must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

8.2 You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked site.

8.3 Whilst we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.

8.4 Responsibility for the content of advertisements appearing on this Site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisement does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

9. COPYRIGHT

Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
commercialise any information, products or services obtained from any part of this Site,

without our written permission.

10. TRADE MARKS

10.1 Except where otherwise specified, any word or device to which is attached the ? or ? symbol is a registered trade mark.

10.2 If you use any of our trade marks in reference to our activities, products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or Services (including this Site).

11. RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.

12. LINKED SITES

12.1 This Site may contain links to other web sites ("Linked Web Sites"). Those links are provided for convenience only and may not remain current or be maintained.

12.2 Our links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and to the extent stipulated to the contrary.

13. SECURITY INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14. TERMINATION OF ACCESS

Access to this Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

15. HOW WE HANDLE EMAILS

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

16. GENERAL

16.1 We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable contract.

16.2 If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

16.3 If any of these Terms and Conditions are held to be invalid unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.

17. MEMBERSHIP

17.1 You may need to become a member in order to be able to access the information offered on this Site. To become a member, you must complete your registration details in the manner described on the Site.

17.2 We reserve the right to terminate your membership at any time if you breach these Terms and Conditions.

17.3 You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.

17.4 Upon registration, you will be provided with a password and account designation. You agree to pay for our Services in the manner specified on the Site.

18. INFORMATION SERVICE

18.1 All information provided by us pursuant to these Terms and Conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.

18.2 You agree to use our information service for lawful purposes only.

19. HYPERLINKING POLICY

19.1 Subject to your observance of these Terms and Conditions, we grant you a non-exclusive right to provide hyperlinks from your web site to our material.

19.2 In consideration of being granted this hyperlinking right, you undertake the following obligations:

to not copy, reproduce, translate, adapt, vary or modify any of our material without our express consent, except as expressly authorised by these Terms and Conditions;
bring into disrepute us, our products, our Services, or our officers or employees;
to use only active links to our material and to not use deep or embedded hyperlinks;
to not use keying in connection with our material;
to only use our material in the form in which it is provided;
to not alter, amend, redraw, distort, animate or tamper with any of our material or associated icons in any way;
to retain any copyright or trade mark symbols that appear next to our material;
to supervise and control the use of our material in accordance with these Terms and Conditions;
to ensure your employees, sub-contractors and other agents who have authorised access to our material are made aware of these Terms and Conditions;
to not use our material in a manner that gives the impression or represents that any person, organisation or event, is in any way related to, sponsored by, or affiliated with us; and
to comply (within a reasonable time) with any demand or request by us in relation to your use of our material.

20. DISCLAIMER

20.1 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked sites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or access through this Site.

20.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

if the breach relates to goods:

the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired and

if the breach relates to Services:

the supply of the Services again; or
the payment of the cost of having the Services supplied again.

20.3 You also acknowledge and agreed to the specific disclaimers:

You should not in any way rely on the information contained within this Site. Make your own independent enquiries and obtain independent advice about this Site and any sites linked to or from this Site.
No advice or information, whether oral or written, obtained by you from or through the Site or the Services shall create any warranty not expressly made herein.
NAME GAME accepts no liability whatsoever arising from the information contained within this Site, or a link site, being incorrect, incomplete or misleading.
If you create a link to this Site, you do so at your own risk. NAME GAME has not agreed to any conduct connected with the linked site which may be unlawful, or an infringement of another party's rights.
NAME GAME, to the extent permissible by law, makes no guarantees as to the currency, availability, completeness, accuracy or fitness for purpose of the information or Services provided on the NAME GAME Site and note that a visitor relies on such information at their own risk.
In no event shall NAME GAME be liable for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, products and other Services obtained through the Site, or otherwise arising out of the use of the Site, whether based under contract, negligence or other tort, strict liability or otherwise, even if NAME GAME has been advised of the possibility of such damage.
NAME GAME makes no representations about the suitability of the information, products and Services contained on the Site for any purpose. all such information, products and Services are provided on an "as is" and "as available" basis without warranty of any kind. NAME GAME makes no warranty that the Services will be uninterrupted, timely, secure or error free. NAME GAME does not make any warranty as to the results that may be obtained from the use of the Services or the Site.
Unless NAME GAME has agreed in writing, NAME GAME prohibits any activity which uses intellectual property owned by, or licensed to NAME GAME which may result in a Claim against NAME GAME or involve NAME GAME in any liability.

21. RELEASE

You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against NAME GAME , its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction arising directly or indirectly from your use of the Site.

22. EXCEPTION TO DISCLAIMER

The disclaimer and release set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

23. INDEMNITY

You hereby agree to indemnify, defend and hold NAME GAME , its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax including GST, liability and/or expense that may be incurred by NAME GAME , its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these terms and conditions (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any Claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

24. MODIFICATION TO THE TERMS

NAME GAME may change these Terms from time to time. Any amendment shall be effective immediately upon notice by email and/or posting in the http://www.namegame.com.au/terms/ section of the website. Your continued use of the Site constitutes an affirmative:

acknowledgment by you of these Terms and any modifications; and
agreement by you to abide and be bound by these Terms, including any modifications.

25. OWNERSHIP

NAME GAME retains all right, title, and interest in the Site and the Services (including any related software) and the corresponding intellectual property rights and reserves all rights not explicitly granted.

26. GOVERNING LAW

These Terms and Conditions are governed by the laws in force in the State of Queensland.

27. TERMINOLOGY & DEFINITIONS

27.1 In these Terms and Conditions, the expressions "we", "us" and "our" are a reference to Judhar Pty Ltd As Trustee For The Judhar Trust Trading As Name Game, Located at 154 Hawthorne Road, Hawthorne.

27.2 A reference to "our material" is a reference to all information or material contained in our accessible at or via this Site.

27.3 A reference to "deep hyperlink" means any hyperlink that provides a link to, or access to, a web page or internet location that is part of our internet domain, other than a hyperlink to the home page of that domain or the home page of a subsidiary domain.

27.4 A reference to "embedded hyperlink" refers to any method or mechanism of hyperlinking, where is appears that:

the hyperlinked material is part of the web page or internet location containing the hyperlink; or
the hyperlinked material is not part of the web page or internet location where it is originally located.

27.5 A reference to "hyperlink" or "link" means any mechanism of providing a link from one location on the internet (or a web page) to another location on the internet, (or a different web page, or a different location on the same web page) and includes any mechanism for linking to, or providing access to files via the internet.

27.6 A reference to "keying" means any process or method by which a web page containing our material will be returned in search engine results when a search is conducted for a competitors brand or identity (or vice-versa).

27.7 The terms below when used shall have the following meanings:

"NAME GAME User" means anyone who uses or accesses the Site or the Services;

"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;

"Services" means any service, offering, transaction and includes any goods;

"Terms" means these terms and conditions.

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