Terms and Conditions Agreement
Effective as of 2014-04-13
This document sets out the terms and conditions, which you are bound to by utilising Decoy Gaming Services or by purchasing Decoy Gaming Services. The Decoy Gaming website, our products and services, are subject to these terms and conditions. You may not purchase any Decoy Gaming Service if you are not of legal age, defined by Australian law, or are prevented from entering into any form of agreement or contract for any reason under law.
Decoy Gaming reserves the right to amend or revise these terms and conditions at any time at our sole discretion, with or without notice. Any amendments or revisions to these terms and conditions are effective immediately as soon as they are available online, and your continued use of Decoy Gaming Services constitutes your acceptance. If you do not agree to the terms and conditions set out in this document, you are requested to cease any use of Decoy Gaming Services.
1. Definitions
- ‘You’ means you, the client or user, who is purchasing services from or using Services and systems operated by Decoy Gaming.
- ‘We’ means the business, Decoy Gaming.
- ‘Service’ and ‘Services’ means any Service, purchased by you, the client, and provided to you by Decoy Gaming. It shall also define any Product, Service, Website, or system, operated by Decoy Gaming, which you, the user or Client, are currently making use of.
- ‘Charges’ means the cost of Services provided to you, by Decoy Gaming, as set out in our plans.
2. Compliance with Law
- You the client agrees to abide by all applicable Local, State (Queensland) and Federal laws whilst utilising Decoy Gaming Services.
- You the client agrees that any violation to these laws may result in the immediate termination, with or without notice, at the discretion of Decoy Gaming.
3. Level of Availability
- While Decoy Gaming will use all reasonable care and appropriate actions in providing Services, Decoy Gaming shall not have any liability whatsoever in respect of any loss or damage resulting from use, misuse or inability to use the Service, errors or omission in information provided in relation to the service.
- Decoy Gaming does not make any guarantees in relation to service availability, or warrant that you the client will receive one hundred percent (100%) continual and uninterrupted services, or beyond what is considered reasonable, during the Term of this agreement.
4. Limitation of Liability
- In no event shall Decoy Gaming be liable to the Client for damages resulting from, or in relation to, any failure or delay of Decoy Gaming to provide Services under this Agreement, or from the use or inability to use Decoy Gaming Services. Such a failure, delay, use or inability to use, shall not constitute a default under this agreement.
- Decoy Gaming, its directors, partners, agents, contractors or employees will not be held liable, in any way or form, of loss or damage, whether arising directly or indirectly, by you the Client or any person related to or dealing with you the Client.
5. Privacy
- You the client agrees to the Decoy Gaming privacy policy, set out in our privacy policy.
6. Indemnity
- You the Client agrees to defend, indemnify and hold Decoy Gaming harmless from and against any and all claims, losses, liabilities and expenses related to, or arising out of, the Services provided by Decoy Gaming to you the Client under this Agreement, including without limitation claims made by third parties related to any false claims, any and all liability claims, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of Services provided here under, or for any content published by you the Client using the Services provided by Decoy Gaming.
- Additionally, You the Client agrees that Decoy Gaming, and its’ subsidiaries and affiliates, shall not be responsible for the operation or maintenance of equipment and software used with Decoy Gaming services.
- You the Client agrees that Decoy Gaming will not be held responsible for the transmission of information by software or services not provided by Decoy Gaming.
7. Returns and Refunds
- As services provided are intangible, Decoy Gaming will not automatically issue a refund for services used.
- You the client agrees that a cancellation request, with a request for a refund, must be received within 72hours of payment occurring and include a valid reason for any potential refund. A valid reason includes, but is not limited to: service interruptions within the first 72hours, or accidental automatic renewal/payment of an already cancelled service.
- Refund requests will be assessed on a case by case basis at the sole discretion of Decoy Gaming with no guarantee of You the client receiving any refund.
- Decoy Gaming reserves the right to retain any transaction processing fees when issuing refunds.
- Decoy Gaming reserves the right to charge an administrative fee, calculated by number of days remaining * (25% of the monthly cost / 30), when issuing a refund for refund requests made 72hours after payment.
8. Unauthorised Use
- You the client agrees not to access or attempt to access any of our Services by any means other than the Decoy Gaming Service and system interfaces.
- You the client agrees not to circumvent Decoy Gaming security features for any reason, such as in order to access the system without incurring charges, or to access another users’ account without authorisation.
- You the client agrees not to engage in any activities that interrupt or interfere with Decoy Gaming Services and operational systems.
- You the client agrees not to use Decoy Gaming Services in a manner that unfairly, at the discretion of Decoy Gaming, encumbers any system beyond those provided to you as part of the service you purchased.
- You the client agrees not to use Decoy Gaming Services to perform or participate in any network-based attack on any network, host, or server, including but not limited to ‘denial of service’ attacks, attempting to crash the servers, or attempting to compromise other servers.
- You the client agrees not to use Decoy Gaming Services to store any illegal content, such as virus and trojan files, pornography and pornography involving minors, or any files that may breach Local, State (Queensland) or Federal law.
- You the client agrees not to use Decoy Gaming services for the purpose of sending ‘spam’ messages, or participate in the propagating of ‘spam’.
- You the client agrees not to reproduce, sell, or trade Decoy Gaming Services, unless permitted to by a specific account and product type, such as a ‘reseller’ account.
- You the client agrees that your account is your sole responsibility and that you will accept the consequences of any breach of your obligations under this agreement.
- You the client agrees that you are responsible for the security of your account and that you will secure your passwords.
- You the client agrees that you are responsible for all activities that occur under your account and Services.
9. Payment
- You the client agrees to pay any and all charges incurred from the use of Decoy Gaming Services.
- Decoy Gaming will add charges of any overdue invoice onto the next scheduled invoice, should charges become overdue by you the Client.
- You the client agrees to authorise Decoy Gaming to make charges against any credit card you provide, or PayPal account, in accordance with the advertised charges.
- Decoy Gaming may amend our charges at any time, and that any changes to pricing which affects active Services will be communicated to you the client by means of email in a reasonable amount of time.
- Decoy Gaming will suspend any services that are three (3) days overdue for payment.
- Decoy Gaming will terminate any services that are seven (7) days overdue for payment.
- Decoy Gaming reserves the right to terminate or suspend Client Services with or without notice in the event of non-payment of charges.
- Unless specifically stated otherwise, all plans will automatically renew at the end of the plans’ Billing Cycle (as outlined in the service we provide to you), for example by means of PayPal subscription or automatic credit-card charge. Plan renewal charges and frequency are based on the details set out in the service selected. If you wish to cancel your service before the scheduled renewal date, please refer to the Termination section below.
10. Termination and Cancellation
- You the client agrees to inform Decoy Gaming of any cancellation intentions (via cancelling your service through the client area) prior to the end of your billing period. Any cancellation submitted after your billing period ends could result in the automatic renewal of your service.
- Cancellations are effective immediately on the day they are submitted, and will automatically process at the end of your billing period. If you do not receive confirmation of your cancellation request within 24hours, you must contact support immediately.
- Decoy Gaming will not cancel accounts for future dates.
- You the client agrees that cancellation of services will not relieve your requirement to pay any outstanding balance owed to Decoy Gaming.
- Decoy Gaming reserves the right to terminate, or suspend with or without notice, any active Services you the Client operate, should any terms of these terms and conditions not be met.
- You the Client agrees that you are responsible to terminate any recurring subscriptions through your PayPal account to ensure you are not billed again.