1.1 The “Slugga Sam’s Aussie Adventure” software application (the Slugga Sam App) and the games and services made available to you through it (the Slugga Sam Services), are provided by Mr Karl Short, domiciled in the state of New South Wales, Australia.
1.2 By downloading, accessing or using the Slugga Sam App or any of the Slugga Sam Services, you signify that you have read and agree to be bound by our Terms and Conditions, incorporating:
1.3 We may revise any part or all of our Terms and Conditions at any time without notifying you first, but we will post the revised Terms and Conditions on the Slugga Sam App. You should therefore check back and review our Terms and Conditions regularly to ensure that you still agree to be bound by them. Your continued access and use of the Slugga Sam App or any of the Slugga Sam Services will otherwise be taken as your agreement to be bound by our Terms and Conditions as modified from time to time.
1.4 You may contact us with any questions or concerns you may have with our Terms and Conditions or any changes made to them. Our contact details are set out in the General section below.
1.5 If you do not agree with our Terms and Conditions, you must not continue to access or use the Slugga Sam App or any of the Slugga Sam Services and must immediately delete or refrain from accessing the Slugga Sam App.
1.6 Our Terms and Conditions were last updated on Tuesday, 29 April 2014.
2.1 The following definitions apply throughout all our Terms and Conditions documents unless we say otherwise:
Material includes games, video or film and anyassociated text, graphics, images, photos, sound recordings, music, software or other multimedia or interactive components and other related material which is a part of Slugga Sam App and Slugga Sam Services.
Platform means any application built to function through Internet communication protocols, including bulletin boards, game leaderboards, the World Wide Web, internet blogs, forums, and social media networks, or any such Platforms developed in the future.
Promotions means functions, events, offers, competitions or other activities that are conducted outside the Slugga Sam App by others but which are promoted, advertised, or sponsored by us.
- What you can do through the Slugga Sam App
3.1 Through the Slugga Sam App, you can:
(a) access, view, download, link, embed and/or share the Material for your own private and domestic (that is, non-commercial) use as permitted by our Terms and Conditions;
(b) use an Apple “App Store” ID to make purchases within the Slugga Sam App; and
(c) enquire about our products and/or services through the “Contact Us” facility on the Slugga Sam App.
- What you cannot do through the Slugga Sam App
4.1 You must not do, or attempt to do, or assist anyone to do any of the following:
(a) access, view, download, link, embed, or share Material unless through the functionality provided through the Slugga Sam App or any Slugga Sam Services designed for those purposes.
(b) change, modify, add to, remove, deface, hack, reverse-engineer, tunnel into, circumvent, disable, or otherwise interfere with the operation of, the Slugga Sam App or the Slugga Sam Services or any aspect of them.
(c) use any data mining tools, robots, webcrawlers or any other similar data gathering and extraction devices or applications on or in relation to the Slugga Sam App, the Slugga Sam Services or any Material.
(d) remove any notices or markings applied or attached to, or contained on or in the Slugga Sam App, any Slugga Sam Services or any Material.
(e) use any automated system to access the Slugga Sam App, any Slugga Sam Services, or any Material, in a way that sends requests to hosting servers more frequently than any reasonable person could produce using a conventional web browser.
(f) modify, build on, block or interfere with any portion or function of any Slugga Sam Services designed to allow access to, or functions for viewing, downloading and/or sharing of Material.
4.2 You must not use, or authorise others to use, the Slugga Sam App, the Slugga Sam Services or any Material:
(a) if using them or authorising their use will cause you or the persons authorised by you to breach any laws or regulations applying to you.
(b) to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, or “spamming”.
(c) to harvest information about others that can be used to identify them personally.
(d) to impersonate any person or entity.
(e) to solicit money, passwords or personal information from any person.
(f) to harm, abuse, harass, stalk, threaten or otherwise offend others.
(g) to infringe the intellectual property rights or other rights of any person.
(h) for any unlawful purpose.
4.3 Except with our (and our licensors’, as the case may be) prior written approval and consent, you must not, and must not authorise others to:
(a) copy, reproduce, make available online, transmit, publish, adapt, distribute, broadcast, display, sell, license, publicly display, download, print, store, “frame”, edit, alter, modify or otherwise exploit the Slugga Sam App, the Slugga Sam Services, or any Material for any purposes other than those permitted under our Terms and Conditions.
(b) sell access to the Slugga Sam App, the Slugga Sam Services, or any Material;
(c) sell or promote any advertising, sponsorships or promotions opportunities within the Slugga Sam App, the Slugga Sam Services, or any Material;
(d) sell or promote any advertising, sponsorships or promotions opportunities on any other website or Platform containing Material, except where that other website or Platform contains material not obtained from the Slugga Sam App and such material is of sufficient value to be considered as the basis for the sale of any advertising, sponsorships or promotions on that other website or Platform;
(e) use the Slugga Sam Website, the Slugga Sam Services, or any Material to establish, maintain or provide your own publications, website or other online service, or assist someone else to do any of those things;
(f) link to the Slugga Sam App, the Slugga Sam Services, or any Material from any other website or Platform, unless done through a Slugga Sam Service designed for that purpose;
(g) modify or copy the layout or functionality of the Slugga Sam Website or Slugga Sam Services; and
(h) access, reproduce, store, distribute, adapt, alter or modify any software or code contained in or constituting the Slugga Sam App, the Slugga Sam Services or any Material.
- Intellectual Property Rights
5.1 All aspects of the Slugga Sam App, the Slugga Sam Services and all Material, including all text, information, photographs, artwork, graphics, logos, icons, images, illustrations, designs, plans, videos, animations, films and trade marks featured on or applied to the Slugga Sam App, the Slugga Sam Services and any Material is or may be:
(a) protected by international intellectual property laws relating to copyright, trade marks, designs, patents and other related intellectual property rights; and
(b) our property or the property of our licensors and used by us under licence from them.
5.2 Your use of the Slugga Sam App, the Slugga Sam Services and any Material does not grant you any rights in respect of those things or any implied license for any purpose other than that specified under our Terms and Conditions. In particular, no express or implied right is granted for you to sell, license, transmit, exploit, use for the purposes of trade, reproduce or communicate to the public any aspect of the Slugga Sam App, the Slugga Sam Services or any Material to any other person without obtaining our (or our licensors’) prior written permission to do so. We and our licensors reserve all rights not expressly granted to you in our Terms and Conditions in respect of the Slugga Sam App, the Slugga Sam Services and any Material.
- Advertising and Promotion
6.1 From time to time the Slugga Sam App, the Slugga Sam Services, or certain aspects of them may contain:
(a) links to websites or services that are operated by others (Linked Websites) who are not under our control or influence. These Linked Websites usually have separate terms and conditions which we encourage you to be wary and take note of. By clicking on any Linked Websites, you acknowledge and agree that:
(i) we do not endorse the contents of, or have an association with the owners or operators of, these Linked Websites;
(ii) you leave the Slugga Sam App entirely at your own risk; and
(iii) we are not responsible for the contents, conduct of or practices adopted by any Linked Websites.
(b) advertising material originating from others, but in no way are we taken to be representing, recommending or endorsing the advertiser or its products or services being advertised unless we expressly say so.
6.2 From time to time, we may participate in Promotions which we will inform you about in a way which is consistent with our Terms and Conditions. These Promotions usually have separate terms and conditions which we encourage you to be wary and take note of. In choosing to participate in any Promotions, you acknowledge and agree that:
(a) your participation is entirely at your own risk; and
(b) we are in no way responsible for your decision to participate.
- Disclaimers, Warranties and Limitation of Liability
7.1 We accept no responsibility for Material uploaded by you that may infringe on the rights (including any intellectual property rights) of others. On being made aware of the existence of such Material, we will remedy the situation by removing of the Material as soon as possible.
7.2 From time to time the Slugga Sam App, the Slugga Sam Services, or certain aspects of them may:
(a) change without notice; and
(b) not be accessible from time to time due to periods of maintenance, updates and upgrades, acts of God or other force majeure events. We accept no responsibility for your inability to access the Slugga Sam App or any Slugga Sam Services as a result of these causes.
7.3 We do not warrant, expressly or otherwise, the accuracy, completeness, currency or legality of the Slugga Sam App, the Slugga Sam Services or any Material. In particular, to the extent permitted by law and without limitation, we do NOT warrant that the Slugga Sam App, the Slugga Sam Services or the Material is or will be:
(a) free of error or omission; or
(b) free from any malicious software (including viruses, Trojan programs or the like).
7.4 We accept no responsibility for any loss or damage incurred as a consequence of:
(a) your use of the Slugga Sam App, the Slugga Sam Services, any Material, or the contents of any Linked Websites;
(b) your reliance on any information contained on or in the Slugga Sam App, the Slugga Sam Services, any Material or any Linked Websites;
(c) any delays to, interruptions of or cessation of access to the Slugga Sam App; or
(d) any defamatory, offensive or illegal conduct of any person using the Slugga Sam App.
7.5 By using the Slugga Sam App, you accept the full cost of repair or modification of your computer or mobile device software or hardware which may be required for you to use the Slugga Sam App.
7.6 To the extent permitted by law, all warranties regarding the Slugga Sam App, the Slugga Sam Services and any Material contained on the Slugga Sam App is excluded, including any implied warranties of merchantability and fitness.
(a) in the case of goods, to any of the following:
(i) replacement of the goods or the supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
7.8 In accessing and using the Slugga Sam App, the Slugga Sam Services or any Material, to the extent permitted by law, you agree to indemnify us (including our officers, employees, staff, agents and contractors and the directors, officers, employees, staff, agents and contractors of any of our related companies or associated entities) against any loss suffered by any of us (including economic and consequential loss) as a result of any claim brought against any of us or liability raised against any of us as a result of your use the Slugga Sam App, the Slugga Sam Services or any Material.
8.1 If any provision of our Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain effective and enforceable.
8.3 If you wish to:
(a) report a violation of our Terms and Conditions; or
(b) enquire about our Terms and Conditions, or any other matter
you can do so using any of the means below:
Mail to: 3 Mahogany St, Moore Creek, NSW, 2340 Australia
We will only collect, store, use and disclose any information provided by you for purposes which are necessary for one or more of our functions or activities, or which are deemed necessary under Australian Laws.
- Collecting your information
We will only collect personal information about you from you and not from anyone else, and will do so only by lawful, fair and unobtrusive means. We generally only collect information from you in order to provide you with the goods you ordered or services you requested.
To provide you with the Slugga Sam Services, it may be necessary for us to collect the following details from you:
- Full name;
- Delivery/postal address;
- Daytime contact number;
- Email address;
- IP address;
- Apple ID account details; or
- Payment/credit card details.
To access certain Slugga Sam Services, you will also need to create and maintain an Apple ID account. Mr Short does not have any control over the use and management of Apple ID accounts – those queries should be directed to the Apple Corporation.
We may also collect “non-personal information”, which is information that does not directly identify you. We may use tools or third party analytical software to automatically collect non-personal information.
In the event that we receive personal information which is not required to provide you with the Slugga Sam Services, we will destroy or de-identify it.
- Using your information
Your personal information provided to Mr Short will be used for purposes such as:
- Ensuring a better experience on the Slugga Sam App with personalised touches;
- Generating internal customer/user reports to be used by Mr Short to improve the Slugga Sam Services; and
- Sending newsletters or other promotional material to those of you who have indicated that you are interested in receiving marketing and promotional information (unless you have subsequently opted-out of receiving that information, in which case your personal information will not be used for the purposes of sending promotional material).
Mr Short will not request any sensitive information or information regarding your health in order for you to complete your interactions with the Slugga Sam App.
Non-personal information may be used to provide us with data relating to the use of the Slugga Sam App and Slugga Sam Services.
- Disclosing your information
Mr Short will not pass your information on to third parties for external marketing purposes and does not work in conjunction with any related companies who may want your personal information for reasons beyond the scope of completing your interactions with the Slugga Sam App or the Slugga Sam Services.
Mr Short will only pass your information on to a third party if compelled to do so by law.
We follow generally accepted industry standards and maintain reasonable safeguards to ensure the security, integrity and privacy of personal information in our possession. Personal information collected by us is stored in secure operating environments that are not available to the public.
- International Transactions
The information that you have provided to us through the Slugga Sam App is only disclosed to trusted third parties for the purposes outlined above. These companies are sometimes based overseas and some information which you provide may be processed in countries other than Australia where those companies have their presence or servers. To the best of our knowledge, information and belief, these entities do not hold, use or disclose the information collected by them inconsistently with Australian privacy laws.
Address: 3 Mahogany St, Moore Creek, NSW, 2340 Australia