Terms of Service

Last updated on 15th August 2019

These terms of use (Terms) set out the relationship between you and Silly Galah Games Pty Ltd (ACN 631 703 154) (“us” or “we”) regarding your use of our games and services.

For the meaning of certain words and phrases please see the Definitions below.

By downloading, playing or accessing our Services, you agree to these Terms. You agree that the Privacy Policy forms part of these Terms.

Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use or purchase the Services. By installing, using or accessing our Services you accept our Terms and Privacy Policy.

If a child wishes to use our Services, the child’s legal guardian agrees to these Terms as a precondition to the child’s use.

You can access these Terms at any time at sillygalahgames.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms and Privacy Policy by posting the amended terms at sillygalahgames.com. Your continued use of our Services confirms your acceptance of the updated Terms and Privacy Policy.

1. Right To Use Our Services

Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.

Except as set out above, you do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trade marks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.

The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.

2. Virtual Items

Our Services may include Virtual Items. These items can be earned through gameplay or “purchased” with legal currency or Provider Credits.

You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.

We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.

You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.

If we suspend or terminate your Account due to your breach of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.

If you successfully request that your personal data be deleted in accordance with the Privacy Policy, you will permanently lose all your Virtual Items and other Account information, and will not have any right to refund. Once deleted, we can no longer associate any Virtual Items with you.

3. In App Purchases & Subscriptions

If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing.

If you want to change or terminate your subscription, you will need to log in to your thrid party account and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted our Services from your device. Deleting your account or deleting the Services from your device does not terminate or cancel your subscription. We will retain all funds charged to your Payment Method until you terminate or cancel your subscription. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

4. Your Obligations

You will not:

• rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;
• use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, our Services;
• use the Services for any commercial purpose without our prior written connect. Without limiting the foregoing you must not make our Services available for public use such as in a games arcade, use our Services within your own products or content such as in television programmes or films, use our Services in advertising, solicitation or transmission of any commercial advertisements in any way;
• attempt to disrupt or burden the normal operation of our Services, or any of our infrastructure or any of our other business activities;
• attempt to gain unauthorised access to our Services;
• make any automated use of our Services;
• impersonate any other person in your use of our Services;
• post another person’s personal information or data through our Services without that person’s consent;
• attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
• use our Services to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
• copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
• use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or
• use our Services in connection with the actual or attempted contravention of any laws.

You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple App Store and the Google Play Store.

You must comply with any applicable third party terms of agreement when using our Services, such as Facebook’s terms of use.

Information that you provide to us must be true, accurate and complete at all times.

To use our Services you must:

• not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia;
• not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and
• comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.

5. User Interaction

Our Services may enable you to communicate with other users, or to post materials that may be made publically available. To use our Services, you agree:

• you are solely responsible for the User Content that you post on, through or in connection with our Services;
• you grant us a royalty free, worldwide, non-exclusive, sub-licensable right to use any User Content (including your Intellectual Property) created or submitted using our Services;
• User Content is considered non-confidential and non-proprietary. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on our Services. We have no obligation to evaluate, use or compensate you for any ideas or information you choose to submit;
• we may reject, refuse to post, modify or delete any User Content for any or no reason, including, but not limited to, User Content that in our sole opinion violates these Terms or our Privacy Policy. This may be conducted by our representatives or by technology that may monitor and/or record your interaction with our Service;
• you are responsible for all risks associated with the use of any User Content available when using our Service. We are not responsible or liable for the accuracy or content of user posts or transmissions made by other users of our Services, and we are not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any User Content; and
• you are solely responsible for interaction with other users of our Service and any other parties that you interact with through our Services. We reserve the right to become involved in these disputes at our sole discretion. If you have a dispute, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.

6. Intellectual Property

You agree that all Intellectual Property relating to our Services is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.

Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.

7. Accounts & Login

Certain parts of our Services may enable you to create an Account or otherwise login to the Services. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not. We will assume anyone using your Account has your permission to do so.

8. Updates & Access To Our Services

We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.

You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

You understand that:

• we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;
• you may need to update third party software from time to time in order to receive our Services;
• it is your responsibility to update our Services and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and
• we are not obliged to support our Service by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of our Services

9. Third Party Services

Third party services may be used when you:

• purchase, install or update our Services, including but not limited to digital storefronts such as the Apple App Store and Google Play Store; and
• use our Services, including but not limited to gameplay recording and sharing, social media connectivity and the like.

These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.

Our Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:

• links to third party content or services are not endorsements, approvals or recommendations by us of the third parties, or of any content or services provided by them;
• your use of any third party content or services may be subject to separate terms and conditions; and
• when you provide data to third parties you are providing it in accordance with their privacy policy (if any) and our Privacy Policy does not apply in relation to that data.

10. Advertising

You understand that:

• our Services may feature advertisements from us and/or third parties;
• we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service;
• we are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk; and
• we provide information to third party advertisers in accordance with our Privacy Policy.

11. Termination Of Account Or Services

We reserve the right to limit, suspend, terminate, modify or delete your Account or your access to our Services or portions of our Services (including User Content) if you, or we suspect that you are, failing to comply with any of these Terms, our Privacy Policy or for any actual or suspected illegal or improper use of our Services, with or without notice to you.

If we terminate your Account, other than for inactivity, you must not access any other Accounts, or create any further Accounts.

We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 or more days. If your Account is deleted for this reason, you will no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account).

Upon termination, you must destroy any remaining copies of our Services and any associated documentation or otherwise return or dispose of such material as we direct.

You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.

12. Disclaimer & Release

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM:

• A FAILURE TO PROVIDE OUR SERVICES, OR ANY PART THEREOF;
• CORRUPTIONS TO OR LOSS OF DATA, ERRORS OR INTERRUPTIONS OCCURRING IN THE COURSE OF USING, OR AS PART OF, ANY OF OUR SERVICES;
• ANY SUSPENSION OR DISCONTINUANCE OF ANY OF OUR SERVICES, OR ANY PART THEREOF; OR
• ANY USE OF OUR SERVICES BY OTHER USERS, INCLUDING ANY USE OF OUR SERVICES BY OTHER USERS WHICH CONTRAVENES THESE TERMS.

13. Warranty

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU UNDERSTAND THAT OUR SERVICES CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, AND TO THE FULL EXTENT PERMITTED BY LAW:

• WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS), OR CLAIM, ARISING OUT OF BREACH OF THESE TERMS OR ARISING OUT OF THE SUPPLY OF DEFECTIVE SERVICES;
• OUR LIABILITY FOR ANY TERM, CONDITION, GUARANTEE OR WARRANTY THAT IS IMPLIED BY LAW AND CANNOT LAWFULLY BE EXCLUDED BY US, INCLUDING THE CONSUMER GUARANTEES SET OUT IN THE AUSTRALIAN CONSUMER LAW CONTAINED IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND ALL SIMILAR OR EQUIVALENT LEGISLATION, RULES AND REGULATIONS IS LIMITED TO (AT OUR OPTION):
• IN THE CASE OF GOODS (TO THE EXTENT OUR SERVICES ARE CONSIDERED A GOOD UNDER APPLICABLE LAW) – REPAIRING, REPLACING OR SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF ANY OF THOSE REMEDIES TO THE YOU; OR
• IN THE CASE OF SERVICES – SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
• OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY LOSSES YOU INCUR OR CLAIMS YOU MAKE AGAINST US IS LIMITED TO THE SUM OF AUD$10.

YOU AGREE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGMENT IN ACQUIRING OUR SERVICES AND HAVE NOT RELIED ON ANY REPRESENTATION WE HAVE MADE WHICH HAS NOT BEEN STATED EXPRESSLY IN THESE TERMS OR UPON DESCRIPTIONS OR ILLUSTRATIONS OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT INCLUDING CATALOGUES OR PUBLICITY MATERIAL PRODUCED BY US.

IF YOU PURCHASED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.

14. Security

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.

You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.

15. Privacy

We will collect, process, use and share your personal information in accordance with our Privacy Policy, as set out in these Terms and as you otherwise consent. Our Privacy Policy forms part of these Terms.

By using our Services, you agree to these Terms, including our Privacy Policy, and acknowledge that your agreement is a precondition to your use of the Services.

Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.

We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognise your device and to ensure that your Account is accessed by the person that inputs the correct username and password for that Account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy.

16. General

Assignment - We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

Entire agreement - These Terms and our Privacy Policy set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.

Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

Governing Law - These Terms are governed exclusively by the law in force in Queensland, Australia. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Queensland, Australia.

Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.

17. Contact

If you have any questions about these Terms or our Services you may contact us at support@sillygalahgames.com.

18. Definitions

In these Terms, unless the context otherwise requires, the following words have the following meanings:

• Account means a user account registered in accordance with clause 3.1.
• Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California.
• Claim means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.
• Intellectual Property includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.
• Loss means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.
• Provider Credits means currency-like credits held by you with a third party provider. Facebook Credits are an example of Provider Credits.
• Privacy Policy means our privacy policy, as updated from time to time, which is available for access at sillygalahgames.com/privacy.
• Services means services offered by us and includes our games, websites and related services.
• Terms means the terms set out in this document, as updated from time to time.
• Update means an update supplied by us that replaces or supplements the original Service and may include adding, removing, modifying or otherwise altering features of our Services at our sole discretion.
• User Content means any content generated, created, made or otherwise brought about as a result of using our Services. In the context of user interaction, this includes any communications, images, sounds and all the material, data, and information that you upload or transmit through our Services, or that other users upload or transmit, including without limitation any chat text.
• Virtual Items means any virtual items or objects or other entitlements for use in the context of our Services, and includes any form of virtual currency.