TERMS AND CONDITIONS 

NOTICE: Please read this Agreement and the Privacy Policy carefully. We recommend that you print them out then read them or alternatively a hard copy of this Agreement is available on request from us in writing. They set out the terms and conditions upon which you may access and use the services of this website www.mobiapp-games.com (the "Website") and portals and explain how we process and use your personal information. By accessing this Website you agree to be bound by this Agreement set out herein and the Privacy Policy as amended from time to time in accordance with this Agreement. YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING ANY OF THE SERVICES OFFERED. We recommend that you check this Agreement on each visit to this Website. If you do not wish to be bound by this Agreement and/or the Privacy Policy, you may not access or use the Website and the Services and should exit immediately. If you are under 18 (eighteen) then you should exit this Website immediately. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to services provided under this Agreement.

d-mobilelab S.p.A ("COMPANY") HAS DESIGNED A CLUB TO PROVIDE OUR USERS WITH THE FLEXIBILITY TO CHOOSE THE GAME THAT SUITS THEM. YOU WILL BE ENTITLED TO PARTICIPATE BY PAYMENT OF $10.00 JOINING FEE + $25 WEEKLY SUBSCRIPTION PENDING ON THE PRICE POINT YOU HAVE JOINED AT WHICH WILL BE DEDUCTED FROM YOUR MOBILE TELEPHONE ACCOUNT UNTIL YOU UNSUBSCRIBE FROM THE SERVICE.

1. INTRODUCTION

We provide games which are accessible over the internet through the Website (the "Service").  In this Agreement references to "we", "us", "our" and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer (you) and us.

2. EFFECT OF THIS AGREEMENT

2.1 By agreeing to this Agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement and the rules and regulations governing each individual game as shown on the Website and by our privacy policy (to be found at mobiapp-games.com ("Privacy Policy") which are incorporated by reference to this Agreement, as such terms, regulations and policies may be amended by us from time to time. In the case of any inconsistency between our regulations and policies and this Agreement, this Agreement shall prevail.

2.2 If the Company makes any amendments to this Agreement, any such changes will be highlighted in red for a period of 4 weeks. Your continued use of the Service will be deemed to be your acceptance of any changes to this Agreement and Privacy Policy (as applicable). Any entries placed through the Website ("Entries") prior to the time of the amendment of the changed terms and conditions will be subject to the pre-existing terms and conditions.

3. OWNERSHIP

3.1 All Entries placed through the Website are placed with us. The copyright, database rights and other intellectual property rights ("IPR") in material displayed on or via this Website ("Website Materials", which expression includes text, data, graphics, photographs, videos, animation, images and audio visual content) is owned by or licensed to the Company or the owners of third party websites. This IPR is protected by the laws of Australia, international treaties and all other applicable copyright and intellectual property laws. Any unauthorised copying or distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized copies or distribution of Website Materials or the IPR.

4. YOUR REPRESENTATIONS

4.1 By seeking to register with the Company and / or by playing any of the Games you hereby confirm to the Company that at all such times you:

a) Are located in Australia;

b) Are aged 18 years or over;

c) Are of sound mind and capable of taking responsibility for your own actions;

d) Can enter into a legally binding agreement and you are the person whose details are provided in connection with your registration;

e) Are acting as principal and not on behalf of anyone else;

f) Are not an employee or family member of the Company or a third party contractor such as a licensor, software supplier or developer; and

g) Are the authorised owner of the mobile phone account which you register to your account on the Website during the registration process. 

4.2 Persons in breach of Clauses 4 and/or 5.1 or otherwise in breach of this Agreement will not be entitled to participate in the service. Furthermore any person who is knowingly in breach of Clauses 4 and/or 5.1 may be subject to criminal prosecution.

4.3 You must not play or seek to play any of the Games unless you have registered with us.

4.4 You agree to abide in full by the Rules and Regulations.

4.5 You may only play the Games through this Website. Attempts to place entries through any other medium, including fax or post, will not be accepted.

4.6 You hereby warrant to us that all information provided in your registration and in connection with your Account and all personal information provided to us is complete, accurate and not misleading.

4.7 You undertake to use the Services for legitimate gaming purposes only.

4.8 You will not attempt to hack, make unauthorised alterations to or introduce any kind of malicious code to the Website or the Company by any means.

6. UPDATES AND USE OF SERVICES

6.1 We reserve the right to change the format of the Services, the Website or the Games that we offer in order to enhance such services, website or games and we reserve the right to monitor all information relating to gaming on customer Accounts for which purposes you consent. We may also record calls made to the Company if we give you notice of this at the beginning of the conversation so that you have the chance to end the call if you wish.

6.2 The Service may be suspended or terminated at any time by the Company at its sole discretion and without notice.

7. REGISTRATION

7.1 Before you are able to participate in any of the Games on the Website, you will be required to register with us by completing the registration processes on the Website. Once you have registered and been successfully billed by us, you are able to play any of the Games via the Website subject to this Agreement.

7.2 Following registration you will be provided with access to the service based on your mobile phone number for security purposes.  Transactions made using your Account mobile number are accepted by us on the understanding that you are playing the Games. If an alternative source has accessed your Account we accept no liability for monies or information lost, stolen or misused.

7.3 You agree to be solely responsible for all use of this Website or any playing of the Games through use of your Account at all times. You are responsible for keeping all of these confidential. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement and that they comply with them.

7.4 We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.

7.5 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including use of 3rd parties, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension of your Account.

7.6 Employees of the Company and its subsidiaries, their families or any third party contractors such as licensors, software suppliers or developers are prohibited from registering, playing the Games and making transactions on this Website.

7.7 We reserve the right to refuse to register you and/or to suspend and/or terminate your registration and/or Account at any time in each case in our sole and absolute discretion and we shall not be obliged to provide you with any reasons for so doing. Use of any account otherwise than in accordance with this Agreement or any other abuse of any Account is strictly prohibited.

7.8 We reserve the right to suspend and/or terminate your registration and/or Account immediately and without consultation, notification or giving reasons therefore in the event that you cause to be published on, and/or send via, the Website or by playing any of the Games any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of, any applicable law or regulation or should we deem it in the best interests of the Company to do so. This applies also to your registration details and to breach by you of our Privacy Policy.

7.9 It is your responsibility to ensure that at all times you comply with all laws and regulations in respect of the Service, the Games and Entries made available through the Website in any jurisdiction where you are located or resident and that you have a complete and unrestricted legal right to use the Service, and to register and participate in the Games.

7.10 Use of the Website will be closely monitored to ensure that no customer is using the Website or the Service with a frequency or in a manner which might suggest that he or she is using it for purposes other than solely for personal use or is using it on behalf of another, and we reserve the right to suspend and/or terminate the registration and/or Account if we consider or suspect that the Service is being so used.

8. YOUR ACCOUNT

8.1 We recommend all customers retain copies of their transaction records in case of any future disputes you may have with the Company.

8.2 In order to participate in any of the Games, you must open and maintain an account with us on the Website (the "Account").

8.3 When you register with us, upon completion of registration, we will confirm by SMS (short message service - text) to the mobile telephone number which you have supplied, that your Account is now open.

8.4 Only participants placed from an Account set up through the Company or its affiliate sites will be accepted for the Games. You can only register one mobile phone number with your Account, although you can have more than one Account at any one time.

8.5 Charges and proceedings may be brought against you or any other person who has manipulated, or tried to manipulate, the Service, any of the Games or your or any other customer's Account(s) and we reserve the right to pass on such information as we deem relevant to the relevant authorities if we become aware or suspect that you are involved in any such activities. We are not obliged to inform you of the same, nor to give any reasons for so doing. You agree to waive any and all rights you may have, at law or otherwise, of whatever nature and in whatever jurisdiction, in connection with such disclosure.

8.6 You agree to inform us at once by electronic mail / telephone if you believe that your Account information is being misused by a third party so that we may suspend your Account.

8.7 If any of your personal Account details or other information relevant to your Account change, you must inform us immediately.

9. SECURITY POLICY

9.1 We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we wish to investigate any fraud or abuse of the Services and/or Website or to assist in the investigation of any fraud or abuse of the Website or Services or if we are required by law to do so.

9.2 We process information about you in accordance with our Privacy Policy.  By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

10. RULES GOVERNING ALL GAMES

10.1 The rules set out in this clause govern all Games provided on the Website with the exception of any game which may be offered from time to time for which no registration or Account is needed and which is free to play. Rules for each individual Game can be found on the Website and, in particular, at the 'How to Play' page.

10.2 In order to play or participate in any of the Games on the Website you must have paid the weekly or monthly subscription fee.

10.3 In order to enter and play or participate in any of the Games, follow the information shown in on the your screen.

10.4 You agree not to interrupt or attempt to interrupt the operation of the Website or of the normal playing of any of the Games. Your participation in the Games will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any of the Games.

10.5 You agree to be bound by the Rules and Regulations of each specific Game and any breach of these Rules and Regulations by you will entitle us to totally disqualify you from participation in the same.

10.6 No refunds will apply for abortive Games.

11. VIRUSES, HACKING AND OTHER OFFENCES

11.1 You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or distributed denial-of-servicer attack.

11.2 A breach of Clause 11.1, may constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Website and the Services will cease immediately.

11.3 We will not be liable for any loss or damage caused by the distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or any website linked to it.

12. FREE GAMES AND SPECIAL PROMOTIONS

12.1 The Company may offer from time to time on the Website games which are free to enter and will require full registration on the Website.

12.2 The rules of each Free Game will be displayed on the Website and will be accessible to non-Account holders.

13. COMPLAINTS AND DISPUTES

13.1 Should you wish to make a complaint to the Company in respect of any Game, result or other matter, please contact us by emailing [email protected]or by writing to our registered office address (details above). A copy of our complaints procedure will be sent to your registered email address upon request by you and in the event that you submit a complaint to us.

13.2 In the event that an agreed resolution is not able to be achieved between the Company and you in respect of a complaint relating to the outcome of your transaction, the Company may refer you to an independent third party to assist with the resolution of the dispute.

14. OUR LIABILITY

14.1 The following provisions set out the entire financial liability the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, employees, agents and sub-contractors) to you in respect of:

    a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or its employees, agents or subcontractors; and

   b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Services. 

14.2 Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Company excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Company (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Agreement or Services. 

14.3 The Company is not liable for any loss or damage that you may suffer because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; obstruction or failure of telecommunication services or any other delay or failure caused by a third party or which is outside of our control. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.

14.4. You agree to indemnify the Company in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company's breach of contract or negligence) which it may suffer arising out of or in connection with your use of the Service or otherwise arising out of or in connection with our services. Your statutory rights as a consumer (if any) are not affected by this Agreement.

14.5 Subject to condition 14.2:

    a)        the Company's liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of the amount in your Account and/or any winnings due to you in accordance with this Agreement;

    b)        the Company shall not be held liable or responsible for any consequences that occur through your use of the Service where the circumstances that caused such consequences were beyond our reasonable control, including any loss or damage that has arisen through the Website, the Games or the Service or its content, including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the Website or any error or omission in content.

14.6 The Company accepts no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties' advertising (including advertising by any referral companies) or otherwise posting information via the Website (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can the Company be said to endorse the contents of such advertisements or information. In particular, the Company shall have no liability in respect of material hyper-linked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by the Company on the Website of a link to another website does not constitute any authorisation to access materials held at that location.

14.7 The Company makes no representation or warranty about the information or any other items able to be accessed either directly or indirectly from this Website (save to the extent expressly provided on this Website) and the Company reserves the right to make changes and corrections at any time to such information, without notice. The Company accepts no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Website.

14.8 The Company is not liable for any failure to perform by a third party to this Agreement.

15. TRADEMARKS

The Company names, and associated logos are trademarks of the Company.

16. COPYING

16.1 Any downloading, use or copying of Website Materials is strictly prohibited and, in particular, you agree to use the Website Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.

16.2 The following activities are prohibited without the express prior written permission of the Company

    a)        the deployment within this Website of any spider, robot web crawler or other automated query program; and

    b)        the re-use and/or aggregation of any of the Website Materials in the provision of a commercial service. 

16.3 The copying and use of third party Website Materials accessed via this Website is governed by the terms of use applicable to the third party website accessed by you.

17. SUBMISSION OF INFORMATION

Save for personal information (which shall be dealt with in accordance with the Privacy Policy), all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to us or other players through the Website ("Submission") will become the exclusive property of the Company and we shall not be subject to any obligation of confidentiality and be free to use such information for any purpose without any restriction whatsoever.

In particular, you irrevocably grant to the Company a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Submission and consent to the Company doing (or omitting to do) any acts in respect of the Submission which may otherwise constitute an infringement of your moral rights. For the avoidance of doubt, the Company may use all or any part of a Submission(s) for any purposes at its discretion, including, without limitation, using your Submission(s) for promotional, marketing or publicity purposes, or otherwise. You warrant to the Company that any Submission does not infringe any rights of any third party. You indemnify the Company against all loss, damages and costs incurred by the Company arising from your breach of the warranty set out in this condition.

18. GENERAL

18.1 This Agreement constitutes to the fullest extent permitted by law the whole of the agreement between you and the Company with regard to the use of the Website and the Service.

18.2 The Privacy Policy forms part of this Agreement.

18.3 Nothing in this Agreement shall exclude or limit liability for fraud or fraudulent misrepresentation.

18.4 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from the remainder of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

18.5 No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

19. GOVERNING LAW AND DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably agree that the courts of New South Wales shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to this Website, and that the laws of the State of New South Wales shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing this Website or using the Service.