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APPLICATION TERMS OF USE

Audioplay Australia Pty Ltd
Updated 16 April 2020


1.    Welcome to Audioplay

These Audioplay Terms of Use (Terms) are here to make sure that all users understand and accept their rights and obligations when using the Audioplay software application (Application).

Audioplay Australia Pty Ltd (ACN 610 304 866) (Audioplay) owns and operates the Application.  In these Terms any reference to “we”, “us” and “our” means Audioplay.

You agree to be bound by these Terms and acknowledge the terms of the Audioplay Privacy Policy located at www.audioplay.me/index.php/application-privacy-policy/ when you:
(a)    create an Audioplay account (Audioplay Account);
(b)    access or use the Application;
(c)    allow someone else to use the Application or your Audioplay Account;
(d)    or otherwise deal with the Application or Audioplay.

Any reference to, “you” or “your” means the person that has created an Audioplay Account (Account Holder).

Any reference to “Child User” means anyone at all that is not the Account Holder that an Account Holder permits to use the Application, Audioplay Account or Licence (as defined below), and a child or children under the age of 18 years that has permission to use the Application, Audioplay Account or Licence (as defined below) by a parent or guardian.

You are not permitted to use Audioplay for commercial purposes unless you have the prior written consent of Audioplay.

We may need to change these Terms. If we do, any changes or updates will be published at our website www.audioplay.me and they will be binding on you.

 

2.    Account Holders and Child Users

 

You will need to create an Audioplay Account.  Children under the age of 13 years are not permitted to create an Audioplay Account.

If you are over the age of 13 years yet under the age of 18 years and you are creating an Audioplay Account, you will need to get the consent of a parent or guardian to create the Audioplay Account for you to use and they need to accept these Terms.

By creating an Audioplay Account, you warrant that you are over the age of 13 years and if applicable, that you have a parent or guardian’s consent to create the Audioplay Account and use the Application.

You are permitted to access and login to your Audioplay Account on up to 3 different devices.

The episodes, stories and games (Content) on the Application are intended for children.  You can allow Child Users to use the Application and your Audioplay Account subject to you agreeing that:

(a)    You are solely responsible for any Child User using the Audioplay Account to access and use the Application and Content.
(b)    You must be aware of these Terms and your responsibilities to any Child User each time they use the Application or the Audioplay Account.
(c)    You must make sure any Child User is in a safe and fit for purpose location that is suitable for using the Application and Content.

 

Whenever you allow Child Users to use the Application and the Audioplay Account, you warrant to us that:

(a)    all Child Users are appropriately supervised;
(b)    you are aware of your responsibilities and have explained these Terms to the Child User; and
(c)    the location is safe and fit for purpose.

 

3.    Licence and Permitted Use

 

Account Holders can purchase access to different Content on the Application.

You agree that your access to the Content is subject to you paying the purchase price in accordance with the payment terms at clause 4.

When you purchase access to Content, you acknowledge that your Licence does not transfer, assign or otherwise grant you any intellectual property right to any Content on the Application.

Some Content functionality may permit you to share access to your Licence with another device in the same geographical area, such as join a game or observe a game. If you use this functionality, you are permitted to share your Licence with another device for the sole purpose of accessing the Content in accordance with its functionality.  You can only share your Licence with another device for this purpose with a Child User, if the Child User has obtained parental or guardian’s consent. You are solely responsible for all use and access to the Application through your Licence.

Your Licence is conditional on you agreeing that you and any Child User will not attempt to change, add to, remove, copy, replicate, deface, reverse engineer, hack or otherwise interfere with the Application or any Content.

You agree that Audioplay can revoke your Licence, your Audioplay Account or access to the Application, if it suspects that you or any Child User have misused the Application, Audioplay Account or Licence.  Audioplay will investigate and take appropriate legal action for any illegal and/or unauthorised use of the Application or breach of these Terms.

 

4.    Payment Terms

 

You agree to pay the licence fee published in the Application to purchase access to Content and be granted a Licence (Licence Fee).

The Licence Fee will be published in the Application and may vary depending on which Licences you purchase.

You can pay the Licence Fee by making an in-Application purchase. We use third-party payment processors to process all Licence Fee payments.

The Licence Fee is a taxable supply and is subject to GST. You agree to pay GST of 10% in addition to the Licence Fee at the time of purchase if it isn’t already in included the Licence Fee.

You agree to pay any third-party payment processing fee (including any GST) at the time of purchase.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party payment processors you use to pay the Licence Fee.

The third-party payment processors will issue you with a tax invoice in accordance with its terms and conditions.

You agree and acknowledge that Audioplay can change the Licence Fee published in the Application at any time.
 

5.    Content, Information, Access + Use

 

We try our best to make sure that all Content, information, safety messages and warnings displayed in the Application are accurate and correct, although we cannot warrant that they are accurate, adequate or complete at any time.

By accepting these Terms and using the Application, you acknowledge and accept that:

 

(a)    the Application, Content, information, safety messages and warnings may include incorrect information, technical inaccuracies and typographical errors;
(b)    the Application, Content and information will change from time to time without notice to you and it may not be accurate, complete or up to date at the time you use it; and
(c)    it is your responsibility to protect your own property, devices, system and your data usage when using the Application.
 

We unfortunately cannot guarantee that your access to the Application will be uninterrupted or that the Application is free from viruses or any other malware which may damage any computer, device, computer software or data using the Application.
 

6.    Intellectual Property

 

Audioplay warrants that is has the right to grant you the Licence.

Everything displayed on the Application, including without limitation all Content, information, images, audio files, graphics, illustrations, artwork, names, logos, trademarks, copy writing, and design features are our property, or property that we have been licenced or assigned the right to use (Audioplay Intellectual Property).

The Audioplay Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Audioplay Intellectual Property for any other purpose other than to use and access the Application, your Audioplay Account or Licence in accordance with these Terms.

You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Audioplay Intellectual Property, you will be in breach of these Terms and we will suffer loss and damage.

You agree to account to us for any profit that you make and compensate us for any damage and loss arising out of a breach of Audioplay’s Intellectual Property.

 

7.    Termination
 

At any time, Audioplay can suspend or terminate your Licence or your Audioplay Account at our sole discretion by giving you 2 days’ notice.

If we suspect that you are or may be in breach of these Terms, we can cancel your Licence or your Audioplay Account immediately.  We may contact you if we suspect a breach.

If you want to terminate your Licence or your Audioplay Account, you may do so by uninstalling the Application at any time.
 

8.    Limitation of Liability
 

You agree that your use and any Child User’s use and access of the Licence, Audioplay Account and the Application is subject to you acknowledging and agreeing that:
 

  • To the full extent permitted by law, Audioplay isn’t responsible for any injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Licence or Application of any Child User or Account Holder.

  • Your use, and use by any Child User you permit to use the Application, is at your own risk and you will hold us harmless for any loss or damage that you, any Child User or any third party suffers in connection with the use of the Application, Licence or Audioplay Account.

  • Subject to any law, such as the Australian Consumer Law, our maximum liability to you will be limited to any Licence Fee that you have paid to use and access Content on the Application.

  • The Application may contain links to other websites operated, controlled or produced by third parties including third party payment processors. Audioplay does not control, endorse, sponsor or approve of any third-party website or its content and does not provide any warranty or take on any responsibility relating to your access and use of third-party websites.  We advise you to check all third-parties privacy policies and terms and conditions before using their services

9.    Indemnity
 

You agree to indemnify us from and against any and all liabilities, costs, demand, causes of action, injuries, damages, claims and expenses (including legal fees) arising out of, directly or indirectly, your breach or any Child User that you permit to you the Application’s breach of these Terms, your use and access of the Application, any Child User’s use and access of the Application through your Audioplay Account, any breach of Audioplay’s Intellectual Property rights.
 

10.    Severability
 

If any clause/s in these Terms aren’t unenforceable or are invalid under any applicable law, such unenforceability or invalidity does not make these Terms unenforceable or invalid as a whole. Any unenforceable or invalid provisions can be deleted without affecting the remaining provisions in these Terms.
 

11.    Assignment
 

We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

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