Meeple Match Terms & Conditions Dated: 26 April 2016

Welcome to Meeple Match - bringing people together to play Board Games and Card Games.

The Meeple Match application or its website found at www.meeplematch.com whether through a mobile device, mobile application or computer is collectively referred to as the “Service”.

  1. Terms of Use
    1. In these Terms of Use ( Terms) ‘You’ and ‘Your’ refers to the person or persons that access and navigate the Service. ‘Meeple Match’, ‘us’ and ‘we’ refers to K Flynn Pty Ltd (ACN 611 705 312) trading as Meeple Match.
    2. Please read this agreement carefully – it contains terms of use that are binding on you in respect of your use of the Service. By continuing to use the Service, you accept these Terms in their entirety and agree to be bound by them.
    3. Meeple Match grants you the right to access and use the Service for the following permitted purposes ( Permitted Purposes):
      1. Creating and updating your Meeple Match profile;
      2. Browsing and/or creating game invitations online;
      3. Viewing player profiles of other Meeple Match users;
      4. Accepting game invitations from other Meeple Match users;
      5. Selecting users to join your game;
      6. Chatting with other users, using Meeple Match’s communication tool; and
      7. Using the information provided on the Service to attend a game.
    4. Your right to access the Service is non-exclusive, non-transferable, and limited to the permitted uses described in these Terms, or otherwise specified in writing by Meeple Match.
    5. Meeple Match may revoke or cancel your right of access at any time if you fail to comply with these Terms.
  2. Eligibility
    1. The Service is intended for use by people that are aged 18 years or over or by users under the age of 18 with the consent and supervision of their legal guardian only. By continuing to use the Service you represent and warrant that you are an adult aged 18 years or over, or have received permission and are supervised by your legal guardian.
  3. Modification
    1. These Terms may be varied, replaced or removed at the discretion of Meeple Match without further notice to you. If these Terms are varied, replaced or removed you will be notified through the Services’ notification system.
    2. It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms available on the Service. You agree and acknowledge that your continued use of the Service will amount to renewed acceptance of these Terms as varied, replaced or removed and agree to be bound by them on each occasion that you access the Service.
  4. Privacy & Security
    1. Privacy: Your use of the Service is governed by the Privacy Policy. You agree to be bound by the Privacy Policy as a condition of your right of access to the Service. You should read the Privacy Policy carefully as it applies to personal information that you provide through your use of the Service, and contains binding terms in respect of your disclosure of personal information. By continuing to use the Service you accept the Privacy Policy and agree to be bound by the Privacy Policy where applicable.
    2. Security: You acknowledge that it is your responsibility to keep your user account and login details (including any password protected access details) secure and indemnify Meeple Match against any claim or loss (including consequential or incidental loss or claim of breach of any privacy laws) of any kind in respect of any unauthorised access to the Service and your personal information. You must immediately notify Meeple Match of any unauthorised use of your account or any other breach of security.
  5. Confidentiality
    1. You agree to preserve the confidentiality of any Confidential Information of any other person obtained in connection with your use of the Service. You will not, without the prior written consent of the other party, disclose or make any Confidential Information available to any third party, or use another person’s Confidential Information for your own benefit, other than as permitted by these Terms.
    2. You agree that your obligations in respect of all Confidential Information under this clause will survive termination of these Terms.
    3. The provisions of clauses 5.1 and 5.2 shall not apply to any information which is:
      1. or becomes public knowledge other than by a breach of this clause;
      2. received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
      3. in relation to disclosure, Confidential Information that is in your possession prior to the date that you are bound by these terms;
    4. Notwithstanding the parties obligations in clauses 5.1 to 5.3., you agree that to the extent permitted by law, Meeple Match is not liable to you for any breach of confidentiality resulting from disclosure of your Confidential Information that is not within the reasonable control of Meeple Match (including any breach to Meeple Match’s data security arising from any unauthorised third party access, intrusion or corruption of any kind to the Service).
    5. You agree that any communications between you and Meeple Match are Confidential Information and that you will not disclose such communications to any third party.
  6. Intellectual Property
    1. General: title to, and all Intellectual Property Rights in the Service, the underlying software and code of the Service and any documentation relating to the Service, including all content, trademarks, trade names and service marks, remain the property of Meeple Match.
    2. Ownership of Data: title to, and all Intellectual Property Rights in, the Data remain your property. You grant Meeple Match a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service.
    3. Backup of Data: it is your responsibility to maintain copies of all Data inputted into the App. Meeple Match expressly disclaims all liability for any loss or damage caused in relation to Data, however caused, and you agree to indemnify Meeple Match in relation to the same.
    4. Third-party applications and Your Data: if you enable third-party applications for use in conjunction with the App, you acknowledge and agree that Meeple Match may allow the providers of those third-party applications to access Data as required for the inter-operation of such third-party applications with the App. Meeple Match shall not be responsible to you, and you indemnify Meeple Match in respect of any disclosure, modification or deletion of Data resulting from any such access by third-party application providers.
  7. Account Registration
    1. In order to access some or all of the features of the Service you may be required to create an account with password access.
    2. It is your responsibility to choose a suitably secure password and store your password safely. Meeple Match is not liable for any loss resulting from any failure by you to secure your password details.
    3. Where the Service integrates your profile with third party social media, you agree to Meeple Match providing your personal information to such third parties and acknowledge that your use of the Service and any third party use of your personal information is solely at your own risk.
  8. Acceptable User Conduct Policy
    1. Use for Permitted Purposes Only - you agree to only use the Service for the Permitted Purposes. You agree that you will not:
      1. use the Service except in your personal capacity;
      2. use the Service for any purpose that is improper, unlawful, or to post, share or transmit any material that:
        1. is defamatory, offensive, obscene or otherwise objectionable;
        2. is in breach of confidentiality or privacy or of any third party’s Intellectual Property Rights;
        3. is posted, shared or transmitted for the purpose of advertising or promoting goods or services (either your own goods or services or the goods or services of any third party) without the prior consent of Meeple Match; or
        4. is misleading or misrepresentative as to your identity or which in any way suggests that you represent, are sponsored by, affiliated or connected with Meeple Match;
      3. use the Service except for legitimate private use or in any manner which may cause damage or cause any claim to be made against Meeple Match;
      4. disassemble, reverse engineer or otherwise decompile the Service or derive or create any software, applications, updates, code, mobile applications or hardware from the Service or information available on the Service, without the prior written consent of Meeple Match;
      5. copy, distribute and/or communicate the Service in any way that would infringe on Meeple Match’s Intellectual Property Rights;
      6. attempt to access any Confidential Information of third parties or tamper with or circumvent any security procedures embedded in the Service in any way;
      7. attempt to upload any malicious software to the Service, to any other user of the Service, or to any third party that hosts any element of the Service, or provides any part of the Service, including Trojan Horses, time bombs, worms, denial of service attacks, viruses, altered code, licence control utilities, software locks or other harmful codes;
      8. Undertake any of the following acts:
        1. Gamble on a game result or play a game for money;
        2. Set up a fraudulent profile or a profile which contains any false or misleading information;
        3. Use other player’s pictures or private information without permission;
        4. Request money from other users or otherwise attempt to commit fraud;
        5. Use the Service for illegal activities or for promoting illegal activities of any kind;
        6. Fail to attend games repeatedly, without notifying the other players; or
        7. Use the Service in connection with any commercial endeavours whatsoever, including advertising or soliciting any other user to buy or sell any goods and/or services.
    2. Communication Conditions: As a condition of these Terms, you agree to only communicate with other users of the Service (both in person and through the Services’s communication tools) for lawful and legitimate purposes. In addition to section 8(1) above, you agree that:
      1. You will not communicate, post or disseminate any material unrelated to the use of the Service, including (but not limited to):
        • Offers of goods or services for sale and unsolicited commercial e-mail
        • Files that may damage any other person’s computing devices or software
        • Content or comments that may be offensive to any other users, including but not limited to, that which promotes racism or hatred of any kind or advocates the harassment or intimidation of another person;
        • Material which involves the transmission of spam, junk mail, chain letters or any other unsolicited mass mail; or
        • Content, comments or material of any kind in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
      2. When you make any communication, you represent that you are permitted to make such communication, and that the communication is not misleading or deceptive in any way.
      3. Meeple Match is under no obligation to ensure that the communications are legitimate or that they are related only to the use of the Service. You must exercise caution when using the communication tools available on the Service. Meeple Match reserves the right to remove any communication at any time in its sole discretion and for any reason.
    3. Use subject to third party terms and conditions: some elements of the Service may interface with external third party websites and resources. You agree that the Service may access, utilise and/or exchange your personal information with external third party providers, and that you agree to act in accordance with the terms and conditions of use of those third parties servers, in addition to these Terms.

      You acknowledge and agree that Meeple Match is not responsible or liable for any content or information from such websites or resources. Your correspondence and business dealings with third parties located through the use of the Service, including payment and delivery of related goods or services are solely between you and such third party. You further acknowledge and agree that Meeple Match shall not be directly or indirectly responsible or liable for any loss or damage caused in connection with the use of these third party websites or resources.

    4. Usage Limitations: Use of the Service may be subject to limitations imposed by Meeple Match for any reason. You agree and acknowledge that Meeple Match may, in its absolute discretion, limit or terminate your right of access to use the Service for any reason, and at any time.
    5. Indemnity: You indemnify Meeple Match against: all claims, costs, damage and loss arising from your use of the Service or for any breach of these Terms or any obligation you may have to Meeple Match, including (but not limited to) any costs relating to the recovery of costs by Meeple Match from you.
  9. Warranties & Acknowledgments
    1. Authority: You warrant that you are lawfully authorised to enter into these Terms, and where you have registered to use the Service with the permission and supervision of a legal guardian, your legal guardian consents to these Terms on your behalf.
    2. Acknowledgement: You acknowledge that:
      1. You are authorised to use the Service and to access the information and Data that you input via the Service. You also acknowledge that you are authorised to access information and Data that is made available to you through your use of the Service (whether that information and Data is your own or that of anyone else).
      2. To the extent permitted by law, Meeple Match has no responsibility to any third party under these Terms and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If you use the Service on behalf of or for the benefit of any other person (whether a body corporate or otherwise) you agree that:
        1. You are responsible for ensuring that you have the right to do so;
        2. You are responsible for authorising any person who is given access to information or Data, and you agree that Meeple Match has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests from any third person to access information or Data to you; and
        3. To the extent permitted by law, you will indemnify Meeple Match against any claims or loss relating to Meeple Match’s refusal or grant of access to any person, denying or permitting access to information or Data in accordance with these Terms.
      3. You use the Service entirely at your own risk.
      4. Your interaction with other users is entirely your responsibility. You agree that:
        1. You will take all necessary precautions to protect your financial information, including credit card numbers, bank information, tax file or social security numbers;
        2. You will ignore any and all requests to send money and report any such request to Meeple Match immediately; and
        3. Your physical safety is your responsibility at all times. This includes any time in which you are meeting up with another Meeple Match user.
      5. Meeple Match does not take steps to verify the personal information provided to it by you or by other users.
      6. Meeple Match does not currently conduct criminal background checks on users.
      7. Meeple Match reserves the right to conduct any background check, including any criminal background check, at any time.
      8. Your right to access and use the Service is granted on an “as is” basis and at your own risk.
      9. Meeple Match does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public communication services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Meeple Match is not in any way responsible for any such interference or prevention of your access or use of the Service.
      10. Meeple Match is not liable for, and does not provide you with any advice.
      11. Any guidance and/or recommendation made by Meeple Match is provided generally and Meeple Match has no liability whatsoever for any such guidance or recommendation.
      12. You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to Data via the Service will comply with laws applicable to you (including any laws requiring you to retain records).
    3. No warranties: Meeple Match gives no warranties about the Service.

      Without limiting the foregoing, Meeple Match does not warrant:

      • that the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement;
      • any site or service that interfaces, links to or uses any element of the Service;
      • that Meeple Match will verify or take any steps (other than such reasonable steps specified in the Privacy Policy) to secure or verify any information published to or on the Service by you or any third party, including personal information.
  10. Limitation of Liability
    1. To the maximum extent permitted by law, Meeple Match excludes all liability and responsibility to you or any other person, including but not limited to any loss or damage whatsoever:
      1. in contract, tort (including negligence), or otherwise, for any loss (including consequential loss of information, Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service;
      2. arising in connection with the conduct of any other user of the Service, including through communications on the Service, during games arranged using the Service or arising at any other time whatsoever;
      3. resulting from your reliance on any other user’s profile and disclosed personal information.
    2. You agree that any claim for loss or damage suffered as a result of Meeple Match’s negligence or failure to comply with these Terms, will be limited to amounts paid by you to Meeple Match (if any) to acquire access to the Service.
    3. Meeple Match is not responsible for the conduct of any user and in no event shall Meeple Match, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or when meeting in person.
    4. You agree to indemnify Meeple Match, its agents, officers and employees free from any liability or responsibility whatsoever, made by any third party, arising or allegedly arising out of your use of the Service, including but not limited to claims in relation to you providing any false or misleading personal information or your making of a false, misleading or inaccurate profile. If you are not satisfied with the Service, you agree that your sole and exclusive remedy is to terminate your use of the Service.
  11. Termination and Suspension of Use
    1. No fault termination: Meeple Match may terminate your right of access to the Service or suspend your account immediately, without liability and without notice if Meeple Match and/or its officers believe that you are in breach of these Terms, or that you do not have the full authority to use the Service. You agree that Meeple Match may terminate or suspend your account without liability to you. Meeple Match is not obliged to disclose to you the reason for termination or suspension.
    2. Accrued rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
    3. Expiry or termination: These Terms will survive termination or suspension of your account and continue in full force and effect, except for any Term which expires by its nature.
  12. General
    1. Entire agreement: These Terms, together with the Privacy Policy and the terms of any other notices or instructions given to you under these Terms supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Meeple Match relating to the Service and the other matters dealt with in these Terms.
    2. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
    4. No Assignment: You may not assign or transfer any rights to any other person without Meeple Match’s prior written consent.
    5. Governing law and jurisdiction: These Terms are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, and Courts entitled to hear appeals from these Courts.
    6. Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with any applicable law, that part or provision is deemed to have removed or varied to the extent of the inconsistency. The remainder of these Terms will be binding on the parties.
    7. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission.
      1. Notices to Meeple Match must be sent to: info@meeplematch.com or to any other email address notified to you by Meeple Match.
      2. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
    8. Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
  13. Definitions
  14. In these Terms, the following words have the following meanings unless stated otherwise:

    • “Confidential Information” means any information identified as being of a confidential nature, or that would be reasonably understood to be of a confidential nature, and includes any personal information about any third party other than personal information disclosed by that party voluntarily through their use of the Service (but for the avoidance of doubt excludes any personal information of a user voluntarily disclosed by their use of the Service).;
    • “Data” means any data uploaded by you or with your authority into the Service, including your personal information;
    • “Intellectual Property Rights” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration;
    • “Privacy Policy” means the Meeple Match Privacy Policy, accessible from the Service;
    • “Service” means the Meeple Match application or its website found at www.meeplematch.com whether through a mobile device, mobile application or computer.
    • “Terms” means these Terms of Use;
  15. Help Desk
    1. Technical Problems: In the case of technical problems if you need technical help, please check the support provided by Meeple Match on the Service or failing that email us at info@meeplematch.com Meeple Match does not warrant or guarantee that it will be able to resolve any technical problems.
    2. Service availability: Whilst Meeple Match intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service may be unavailable due to maintenance or other development activity. If for any reason Meeple Match has to interrupt the Service for longer periods than Meeple Match would normally expect, Meeple Match will use reasonable endeavours to publish in advance details of such activity on the Service.