Terms of Service

Welcome to www.DigitalDarts.com.au (the “Site”) which is owned and operated by Tower of Power Pty Ltd (“Digital Darts” or “us” or “we” or “our” or “Company”), a company incorporated under the laws of Queensland of the Commonwealth of Australia, with ACN 132 529 214 and ABN 27 132 529 214. By using or visiting the Site, you accept and agree to be bound by these Terms of Service (the “Agreement”). The Agreement shall include the Privacy Policy and any other disclaimers and/or notices regarding the Site or the services, either sent to your registered email address or posted on this section of the Site. Additionally, you state that you will also comply with any applicable laws and regulations which may apply to your use and access to the Site, regardless of your jurisdiction. We shall hold the exclusive right to modify any of the terms or conditions determined in this Agreement at any time and without prior notice. All such modifications will be effective upon posting on the site, and any use by you of the Site after such modifications shall constitute your agreement to such modifications modified terms. You should therefore regularly review these Terms of Service.

Please note that, third party features and services not provided by us may require you to agree to third party terms of service. Such terms of service are not controlled by us, and you may be required to specifically accept them. This Site contains links to other websites that are not controlled or owned by us and we wave all liabilities for your access and engagement with their content, products and/or services. Although such links may be displayed on the Site, such availability and display shall not be construed as an endorsement of Digital Darts of such third party website, the services and products there available, and the companies or individuals which may run and/or own them.

1. Membership

Use of many features of the Site may require registering yourself as a member of the site (“you” or “Member”). If you are less than 13 years of age, you are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by its terms. Your membership will automatically be deemed to be void if any type of legal prohibition or incompatibility may be applicable to it.

During registration, you will be required to provide accurate, true, current and verifiable information about yourself. Should any of this information change after submitting it to us, you are required to update that information as soon as possible. If any information provided by you is found, or believed, under reasonable grounds, to be inaccurate, not current, or incomplete, we have the right terminate or suspend your account and access to the Site and the services, and refuse any and all current or future use of the Site.

2. Termination

This Agreement shall continue to be in full force and effect while you use the Site. You may cancel your membership at any time and for any reason by using the contact form and stating your cancellation. You agree that we may, when particular circumstances arise and without prior notice, immediately cancel your account, and/or access to the Site. Reasons for such cancellation shall comprise of, but not be limited to: (a) requests by law enforcement or other government agency (b) a request made by you (c) termination to the service (d) violations or breaches of the Terms of Service or other guidelines or bounded agreements, (e) unforeseen security or technical issues (f) an excessive interval of inactivity as deemed reasonable by us (g) fraudulent or illegal activities by you, and/or (h) failure to pay any fees owed by you for use of the Site.

You agree that all cancellations shall be made in our sole discretion and that we shall not be liable to you or any third party for any cancellation of your account or access to the Site. Please also note that some provisions of the Agreement will stay in effect once the herein described termination occurs.

You acknowledge and agree that we may access and disclose your account information if need by law or in a good faith belief that such access or disclosure is reasonably necessary to: follow legal processes, reply to a request by you for customer service, or enforce the Terms of Service.

3. Fees and Payment

You acknowledge that we reserve the right to charge for use of the Site and more specifically for the services available thereon, and to change any displayed fees from time to time in its sole discretion. Such revision will be notified on the Site and will be effective immediately. If we terminate your access or engagements as a result of your breach of the terms and conditions of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, and if any balances were owed to us, you agree that your payment method is to be charged to fulfill any pending obligations.

Users making payments for any engaged services or packages available on the Site warrant that any and all disclosed and used payment methods have been fully authorized to or by them, and users furthermore authorize us to charge their reported payment method on a monthly basis for the purposes of the payment for any services and/or memberships currently available or made available in the future.

4. Indemnity

You agree to indemnify and hold us and our affiliates, subsidiaries, agents, officers, or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your content, your use of the Site, your violation of the Agreement, your violation of any rights of another, or your connection to the Site, whether you are a registered user or not.

5. Acceptable Use

The Site and all the services available there on are provided and accessible to all users pursuant to your compliance with the rights and obligations resulting from the terms and conditions determined herein. Notwithstanding what may be determined in other sections of this Agreement, the following actions or conduct enacted by users or visitors may result in account suspension or permanent ban from the Site and the services available:

I. Upload content which breaches these terms or are in any other way intended to harm or damage or breach third party rights;
II. Impersonate another user or any other person or an organization or institution which the user does not have any representation or authorization of;
III. Lie or otherwise fail to transparently disclose true and verifiable information at the time of registration, engagement of services, or any other time any information is requested of the user;
IV. Curse, insult, offend or bully any of the employees or members of the Site
V. Upload any Media which is not property of the user or to which the user does not hold a license to, or otherwise breaches third party copyright or intellectual property rights;
VI. Breach the terms and conditions of this Agreement;
VII. Attempt to or aid in harmful activities on the Site, such as data extraction, data mining, data harvest, scrapping, or other such activities;
VIII. Frame the Site;
IX. Mirror the Site;
X. Attempt to make copies of, reproduce or otherwise clone the Website, its contents, databases, trademarks and any other parts of it, unless authorized in writing by us;
XI. Download parts of the website, its platform, databases or any media available thereon, except as allowed by the Site
XII. Try to upload or in other way infest the server with a virus, spyware, malware or any other harmful software;
XIII. Try to access Site through a backdoor, creating one, or attempt to access as anything different than a regular user;
XIV. Place links to third party websites without proper written authorization by the Company for commercial or other similar purposes;
XV. Aid or assist a third party in any of the aforementioned actions.

6. Monitoring User Activity

We shall be fully entitled and have the undisputed right, but not the obligation, to monitor all content of the Websites including but not limited to any and all content created or uploaded by users, such as messages, comments, posts or other related sections of the Site, such as blogs and/or forums whenever applicable. The monitoring activities are an attempt of the Company to keep users abiding to these terms. Regardless of this fact, users are, as stated in this Agreement, solely responsible to comply with their own local jurisdictional laws and regulations. If you become aware of an infringement of another user, either of this Agreement or of local regulation, please kindly inform us by reporting it through our contact form.

7. Force Majeure

Digital Darts and its affiliates, shareholders, directors, officers, agents, employees and representatives shall not be liable for any losses or damages, and shall be excused from any delay or failure in performance under these terms, or service provision, which have been caused due to any reason or circumstance, including, but not limited to, any labor dispute or disturbances, governmental order or requirements, acts of God, casualties due to natural phenomena, disaster, wars and other civil disturbances, act of terrorism, strikes, fire, failure of equipment and/or software, interruptions in telecommunication, internet and network services downtime, general serve failures, and other circumstances beyond our control including the failure of its hired third parties to perform. The aforementioned extents to there not being liability of any party participating in these terms which may entail delays or non-performances and errors, which were derived of factors beyond any of the parties reasonable control, such as power failures, internet downtime, network failures, digital commodity unavailability, system failures, and others, provided that all proceedings of the involved parties be made in good faith and procuring avoidance of any negative effects onto the involved parties.

8. Section Headings

Section headings in this Agreement are for convenience only and they shall and are not meant to govern the meaning or interpretation of any provision of these terms, or be construed as introductions, descriptions or as legal content of the Sections itself, even when they seem to do so.

9. Assignment

These terms, and all the rights and licenses granted by Digital Darts hereunder, are not to be transferred by any users onto, or in favor of any third parties, unless previous written authorization and consent has been extended by Digital Darts. Users acknowledge and agree that Digital Darts may transfer and assign these terms to any affiliates or subsidiaries, or to any eventual successors, without having to notify users in advance.

10. Trademarks

All our displayed marks, trademarks, images, logos and other registered material, are bound by registration and are the exclusive intellectual and patrimonial property of us and our licensees and/or affiliates. You have no permission to reuse or to benefit of this intellectual property or any other copyrighted material of the Site, unless granted permission by us in writing.

11. Copyright related requests

We are very respectful of copyright laws and your rights of any material which may be wrongfully displayed on the Website or any user website. Therefore, pursuant to the directives of international copyright covenants, notifications of claimed copyright infringement are to be sent by means of our contact form which you can find here: https://www.digitaldarts.com.au/contact

All claims sent to us as a result to copyright infringement must at all times, commit and comply with the following:

I. Correctly and specifically identify any material founded such copyright claim, including at least the URL of the link or a map leading to where such infringing material is to be found.
II. You must also provide your company affiliation (whenever applicable), any mailing addresses, telephone numbers, and, if available, email addresses.
III. Please kindly also include both of the following statements LITERALLY in the body of your claim: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” And “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
IV. Please also provide us with your full legal name and your electronic or physical signature.

In case any of the foregoing is missing on your claim, we may not be able to process it, so please make sure you send it out correctly. We will try to react to any claims as soon as possible.

YOU ARE HEREBY ADVISED THAT ALL WRONGFUL OR UNFOUNDED COPYRIGHT CLAIMS SHALL BE SUBJECT TO THE COMPANY SEEKING RELIEF FROM THE INDIVIDUAL OR COMPANY THAT FILES SUCH CLAIMS, AND THAT THEY SHALL RESPOND TO THE COMPANY ECONOMICALLY FOR ANY COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE PROCESSING AND LEGAL FEES DERIVED OF SUCH CLAIMS.

12. License

Subject to your compliance with the terms and conditions of this Agreement Digital Darts hereby grants you a limited, non-refundable, non-transferrable, revocable and personal license to access the Website and its content for personal and non-commercial enjoyment only. This license to you shall not imply or incorporate the transfer of any rights or copyright onto you or your assigns. This section also incorporates any services granted by us which imply the remitting of content or media, which shall at all times remain proprietary of Digital Darts.

13. Intellectual Property

All users agree and acknowledge that all content portrayed, displayed and performed on the Website, including, but not limited to, trademarks, software, texts, images, videos, audio, photographs and the combination of the aforementioned, shall be construed as the exclusive property of Digital Darts and its partners and affiliates, or, whenever applicable, of Digital Darts’ licensors.

14. Governing Law

This Agreement shall be governed by the laws, acts and regulations of the Commonwealth of Australia and in the event of any conflicts arising of the terms and conditions determined herein may be interpreted by the courts, tribunals and other jurisdictional authorities of Queensland, Australia.

15. Translated Versions

In case you are reading this Agreement in a language different to its original language (English), the English version shall govern over any translated versions, should there be any discrepancies or differences of interpretation.

16. Limitation Of Liability

THE SERVICE, AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. DIGITAL DARTS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS AND DISCLAIMERS POSSIBLY DO NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE IS COMPLETELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT THAT IS MORE THAN TWO HUNDRED AUSTRALIAN DOLLARS (AU$200.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Waiver

THE SERVICES AVAILABLE TO USERS ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND DIGITAL DARTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY MAKES NO GUARANTEE, WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, REGARDING THE TIMELINESS, SUITABILITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES WILL REMAIN SOLELY WITH YOU, THE USER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18. Severability

If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

19. Complete Agreement and Modifications

The terms of this Agreement supersedes all prior understandings and negotiations regarding the subject thereof and represents the complete agreement between you and Digital Darts. These terms do no create or confer any third-party beneficiary rights. Digital Darts may, at any given time, change, amend or modify the Agreement at our sole discretion. If we make changes to the Agreement, we will provide notice of such changes, such as by sending a notification, posting a notice on the services, or updating the “Last Updated” date below. Your continued use of the services will confirm your acceptance of the revised Agreement. We encourage you to frequently review the Agreement to ensure you understand the terms and conditions that apply to your use of the services. If you do not agree to the amended Agreement, you must stop using the services and discontinue your access to the Websites and the Platform owned and/or published by Digital Darts.

Last updated: 16 June 2018.

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