Website Terms of Use

INTRODUCTION

Welcome to DICE ARCADE.

This website (www.dicearcade.com.au) (inclusive of subdomains) and its associated features and mobile applications (Site) is owned and operated by Dice Arcade PTY LTD (ABN: 82647468871) (“Dice Arcade”, "we", "our", "us").

The following Terms and Conditions (Terms), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site.

By browsing, accessing, using the Site or ordering a product (Order), you agree to be legally bound by these Terms. 

We may change these Terms from time to time. Any revised Terms will be made available on our Site.

By continuing to use the Site you agree to be bound by such revised Terms.

ACCESS AND USE OF THE SITE

You must only use the Site in accordance with these Terms and any applicable law.

You must not (or attempt to):

(a)            interfere with or disrupt the Site or the servers or networks that host the Site;

(b)            use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(c)             interfere with security-related or other features of the Site.

You must register an account with us (Account) to access some features of the Site (such as making an Order).  To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address.  You must not register more than one Account.

To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.  If you are under 18, you may only place an Order with the involvement of a parent or guardian. We do not sell products for purchase by children.

You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s Account without our, and/or the other person’s express permission.

We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a)            in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b)            in a way that is illegal or unfair.

INFORMATION ON THE SITE

The Site and the content on the Site are subject to copyright, trademarks, and other intellectual property rights. These rights are owned by or licensed to us.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

Where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

PRIVACY POLICY

Our privacy policy is wholly incorporated into the Terms.

Our privacy policy can be found [here].

GENERAL

Entire agreement — These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

Assignment — You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

Force majeure — We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

No waiver — No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character.  No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

Notices — Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

Third party rights — All provisions of these Terms apply equally to and are for the benefit of DICE ARCADE, its subsidiaries, any holding companies of DICE ARCADE, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

Survival — The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

Severability — If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

Governing law — These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.

DEFINITIONS

In this document, terms are defined either:

(i)              in the body of this document above, or

(ii)            defined as set out below, unless the contrary intention appears:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.

Breach of Duty means the breach of any:

(a)            obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or

(b)            common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract).

“DICE ARCADE”, "we", "our", "us" means Dice Arcade PTY LTD (ABN: 82647468871) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

INTERPRETATION

Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

Words imparting the singular shall include the plural and vice versa.  Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

References to includes or including or like words or expressions shall mean without limitation.