Maxgaming Connect subscription terms
1.1 The websites that form the network of the Maxgaming.com.au website (“MaxWeb”) are owned and operated by Maxgaming NSW Pty Ltd ACN 078 250 423, Maxgaming QLD Pty Ltd ACN 078 963 050 and their related bodies corporate (jointly and severally referred to as “Maxgaming”, “we” or “us”).
1.2 These terms govern your subscription to the Connect product which is generated by Maxgaming and made available through MaxWeb.
1.3 These terms, together with information on how to use the Maxgaming Connect service (“Connect”), form part of the general terms and conditions governing your use of Connect and the material on, use of and access to the MaxWeb.
1.4 Maxgaming may change these Subscription Terms at any time in its sole discretion by updating these terms and posting the updated Subscription Terms on MaxWeb. You are responsible for ensuring that you regularly review these terms and any other notices or communications made by Maxgaming relating to your Connect and MaxWeb subscription. By continuing to use MaxWeb, you agree to be bound by changes to these terms.
2. Registration, Authorised Users, Security & Monitoring
2.1 You may subscribe to Connect access to use the Connect product to connect with your customers on the following basis:
(a) No subscription will be valid unless and until Maxgaming accepts the registration.
(b) You must nominate certain individuals (for example, your venue’s owners, directors, employees) as authorised users (“Users”) for the purposes of your subscription to Connect, and provide any personal information about those Users as is reasonably requested by Maxgaming . If you do not provide this information, we may be unable to provide the Connect service to you.
(d) It is your responsibility to inform Maxgaming of any changes to information provided by your venue during registration and/or about Users.
(e) Each User will be given a username and password. Each User’s password may then be modified by the User at any time.
(f) You must ensure that each User keeps their username and password confidential at all times. You are entirely responsible for all use, activities and charges associated with or arising from any use of your Users’ username and password (regardless of whether you authorised such use), including unauthorised use of your or Users’ username and password.
(g) Each username and password must be used by a single User and is not transferable. It is your responsibility to ensure that a User’s Connect account is cancelled if they are no longer authorised to access your information (for example, if a User leaves your employment).
(h) Provided you have a current subscription, you may request that Maxgaming grant further Users access under your Connect subscription from time to time (for example, if you employ a new employee and require that employee to have access to Connect).
(i) You must notify Maxgaming immediately if you become aware of any unauthorised use of your username and password.
(j) Maxgaming may monitor usage and unauthorised usage of MaxWeb (including but not limited to concurrent usage of username and passwords) and may take any action it deems appropriate, including immediately terminating your subscription and/or any User profile.
3. Subscription Fees for Connect
3.1 For the current fees for Connect please go to the Connect schedule of Fees Page. Maxgaming reserves the right to change the fees it charges for products, services or features offered in connection with MaxWeb at any time and will provide you with no less than one month’s prior notification of any such change. These sorts of changes include, but are not limited to, adding fees for new/optional products and/or modifying fees for existing products. By subscribing to any services (including additional products that may be offered from time to time) with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription.
3.2 Unless stated otherwise by Maxgaming, in order to register for a service or product, you must have a user profile connected to a ‘Venue Owner’ role or higher. When you agree to these terms and subscribe to the service you are agreeing to pay the subscription fee. This fee is calculated on the first day of the month and will be added to your regular Maxgaming invoice remitted on a monthly basis and delivered via your usual method. If you have executed a ‘direct debit request form’ authorising Maxgaming to arrange for payment of those invoices by debiting funds from your nominated account, you agree that the extra fee/s will be paid in the same way, until you provide further notice in writing to Maxgaming.
3.3 If any subscription fees or other charges billed to your venue are not processed for any reason, Maxgaming shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by Maxgaming in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, Maxgaming reserves the right to immediately cancel your subscription.
3.4 Maxgaming may make available different subscription options from time to time. If you are eligible for multiple Connect subscription options, you may change your subscription level between the available fee-incurring options as often as you wish. Subscription fees will be based upon the subscription rate for the highest level of subscription used each month. Subscription fees apply whether or not you actually use Connect during that month. You cannot suspend your subscription to Connect.
3.5 Unless stated to be otherwise, charges referred to for use of any services provided by Maxgaming are GST exclusive. Please refer to your Tax Invoice for advice on GST payable in relation to your Connect subscription.
4. Your use of Connect
4.1 You must:
(a) only use Connect in good faith to contact your existing customers who have consented to receiving commercial electronic messages from you.
(b) obtain and maintain throughout the term of this agreement all relevant licences, approvals, permits and certificates:
(i) required in respect of delivery of the Messages; and
(ii) otherwise required in order to receive the benefit of the Services;
(c) comply with all applicable Laws and industry codes and practices; and
(d) comply with Maxgaming’s directions, policies and procedures relating to the use of the Connect.
4.2 You must not use Connect, nor permit Connect to be used:
(a) for sending any communication which:
(i) is defamatory, abusive or of a vulgar, obscene or menacing nature;
(ii) is false, inaccurate, misleading or unlawful;
(iii) is invasive of a person’s privacy;
(iv) is hateful or racially, ethnically, or otherwise objectionable;
(v) Maxgaming determines, in our sole discretion, to be otherwise offensive or inappropriate;
(b) for the persistent sending of Messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person;
(c) in a way that contravenes:
(i) any applicable law (including the Privacy Laws) or industry code or practice; or
(ii) any other rules or guidelines posted on MaxWeb or otherwise notified to you by Maxgaming from time to time;
(d) in any way that may have a detrimental effect on the goodwill or good standing of Maxgaming, any of Maxgaming’s service providers or any Network Operator;
(e) in a way that may expose Maxgaming, any of Maxgaming’s service providers or any Network Operator to the risk of any legal or administrative action including prosecution under any Laws;
(f) to transmit any communication that may harm a minor in any way;
(g) to send unsolicited electronic commercial messages where the recipient has not consented to receive such messages;
(h) to interfere with or disrupt the business of Maxgaming or any of Maxgaming’s service providers, or the services, hardware, software or networks of any Network Operator;
(i) in a way that would infringe any person’s Intellectual Property Rights or other rights; or
(j) in any other way that contravenes the requirements of Maxgaming, any of Maxgaming’s service providers or any Network Operator posted on MaxWeb or otherwise notified to you by Maxgaming from time to time.
4.3 Responsibility for communications:
(i) are solely responsible for all communications sent via your Connect subscription (whether transmitted on your own behalf or on behalf of a third party);
(ii) must inform Maxgaming as soon as possible if you suspect or become aware of any unauthorised use of your Connect subscription; and
(iii) acknowledge and agree that Maxgaming has no editorial control over the communications sent via your Connect subscription and is under no obligation to review, moderate, amend or modify them as part of the subscription.
(b) You acknowledge and agree that, notwithstanding paragraph (a), Maxgaming, its service providers and/or the Network Operators may, in their absolute discretion, monitor the communications sent by you or on your behalf using your subscription.
(c) You must bear all costs arising out of any complaints made in connection with the any communications sent using your subscription (including complaints made by any Governmental Agency).
4.4 You must:
(a) on request by Maxgaming from time to time, provide us with volume forecasts for the use of your subscription and such other information that we may reasonably request concerning your use of the subscription; and
(b) provide us with revised volume forecasts for your use of the subscription if you anticipate, from time to time, that there is likely to be a significant increase or decrease in your use of the subscription.
4.5 In this clause:
“Governmental Agency” means any governmental, semi-governmental or judicial entity or authority.
“Intellectual Property Rights” means all intellectual property rights, including:
(a) patents, copyright, rights in circuit layouts, designs, registered designs, trade and service marks, trade names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and
(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist anywhere in the world (including Australia).
(a) the common law and equity;
(b) any statute, regulation, by-law, ordinance or subordinate legislation (including the Privacy Laws); or
(c) any licence, permit, authorisation, accreditation, code of practice, code of conduct, order, direction or other requirement which is enforceable against you, Maxgaming or Maxgaming’s service providers (as the case may be) or which is issued under an instrument referred to in paragraph (b),
“Network Operator” means a mobile network operator or internet service provider whose services or infrastructure are used (directly or indirectly) by Maxgaming or its service providers in the provision of Connect.
“Privacy Act” means the Privacy Act 1988 (Cth).
“Privacy Laws” means:
(a) the Privacy Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth);
(b) all codes, guidelines, service standards and procedures issued by a Governmental Authority; and
(c) all other laws, rules and regulation in any relevant jurisdiction (including Australia),
5. Termination, Suspension or Cancellation of Your Subscription
5.1 You may cancel your subscription by unsubscribing via the Connect subscription page on MaxWeb. If you cancel your subscription during a trial period, if applicable, you will not be responsible for the payment of a subscription fee. If you cancel your subscription in any other case (ie outside any trial period, if applicable), your subscription will continue in effect until the last day of the month in which your subscription is cancelled, and then terminate on that day. Subscription fees are non-refundable. Maxgaming may however, at its sole discretion, agree to refund any amounts in exceptional circumstances.
5.2 You understand that unless you notify us that you wish to cancel your subscription before the end of a month your subscription will automatically be renewed for the following month and your venue will be charged for each such month at the subscription fee in effect at the time.
5.3 Maxgaming may immediately cancel your subscription without notice or liability, if it determines in its sole discretion that:
(a) you have breached any portion of these Subscription Terms or the general terms and conditions for use of MaxWeb or any other agreement between you and Maxgaming; or
(b) your use of or access to MaxWeb violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing MaxWeb.
5.4 Maxgaming may suspend your subscription at any time with or without cause.
5.5 After your subscription is terminated, we may remove and delete any of your data and files from our MaxWeb and any other storage.
5.6 None of the foregoing limits any other legal, equitable, or contractual rights available to Maxgaming. Maxgaming may, in its sole discretion, choose not to renew your subscription by providing you with notice via email of non-renewal at any time during your subscription term. In the event of the foregoing, your subscription will cease immediately and will not automatically renew at the end of the month.
6 Intellectual Property
6.1 Intellectual property does or may subsist in or relate to the content in MaxWeb and Connect, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in MaxWeb and by accessing and using MaxWeb, you acknowledge such ownership and/or licence.
6.2 No data, file, graphics, images, results or other content in MaxWeb, including content downloaded from MaxWeb and material you may receive in connection with MaxWeb, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content, except as otherwise permitted in this agreement.
7.1 The accessibility and operation of MaxWeb rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of MaxWeb.
7.2 We may from time-to-time close or limit access to MaxWeb for various reasons including, for example, scheduled downtime.
7.3 While considerable care has been taken in compiling and updating the content and information on MaxWeb we do not guarantee the accuracy of such content and information and as such it is used at your own risk.
7.4 From time to time, MaxWeb may contain links to other internet sites not operated by us. We do not control those sites and as such:
(a) are not responsible for their content; and
(b) these links do not indicate endorsement by us or support of any goods, services or content on those sites.
7.5 We cannot and do not guarantee that files available for downloading from MaxWeb will be free of viruses, or other codes that may corrupt or infect your computer. You are solely responsible for implementing virus checking and other procedures to prevent any such corruption or infection.
7.6 We may at any time and without notice amend the help pages and other procedures and explanatory information displayed on or accessible from MaxWeb.
8 Indemnity and Limitation of Liability
8.1 Except to the extent that guarantees cannot lawfully be excluded, we will not be liable to you for any Loss, Claim or Liability arising from or deemed or alleged to have arisen from or caused by Connect or MaxWeb or their content, including without limitation your or any other person’s use or misuse of any content on Connect or MaxWeb, your use or your inability to use Connect or MaxWeb, delays in operation or transmission, communication line failures, or any errors or omissions in content save to the extent that such Loss, Claim or Liability arises directly from our negligence or wilful misconduct or that of any of our officers, employees or agents.
8.2 To the extent permitted by law, you agree to indemnify us, our officers, employees and agents from and against any Claims, Loss and Liabilities:
(a) arising directly or indirectly out of your use of Connect or MaxWeb and any content on Connect or MaxWeb; or
(b) from any violation by you of the Terms and Conditions (including negligent or wrongful conduct by you or any other person accessing Connect or MaxWeb),
except for any Loss, Claim or Liability which results directly from our negligence or wilful misconduct or that of our officers, employees or agents.
8.3 In this clause:
“Claim” means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.
“Liability” means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.
“Loss” includes any direct, indirect or consequential loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.
9.1 You warrant to Maxgaming that:
(a) the transmission of communications via your subscription (or any of them) will not infringe the Intellectual Property Rights or other rights of any person;
(b) you hold (and will at all times continue to hold) all rights permits, licences, authorisations and accreditations required for you to perform your obligations under this agreement; and
(d) the performance of your obligations under this agreement will:
(i) comply with all such rights, permits, licences, authorisations and accreditations; and
(ii) not contravene any applicable Laws.
10.1 We may assign our rights and obligations under the Terms and Conditions to any other individual or entity at our discretion.
10.2 You may not assign your rights and obligations to any other party without our prior written consent.
11.1 The laws of Queensland govern these Terms and Conditions and you submit to the jurisdiction of the courts of Queensland.
11.2 You agree not to seek to stay or terminate any proceedings brought in Queensland on the grounds that the forum is not convenient or is less appropriate than some other forum.