Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not access or use our Services.

We may modify these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.

2. Definitions

In these Terms, the following definitions apply:

• "Account" means the account created by a User to access and use the Services.
• "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
• "Order" means a request to purchase Products through the Services.
• "Products" means the fruits, vegetables, and other items offered for sale through the Services.
• "Subscription" means a recurring Order for Products at specified intervals.
• "User" means an individual who accesses or uses the Services.
• "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Services

4.1 Service Description

GameDev Australia provides services related to mobile game development, including but not limited to consulting, development, design, marketing, and educational resources. The specific services available may change from time to time, and we reserve the right to modify, suspend, or discontinue any part of our Services at any time.

4.2 Service Eligibility

Our Services are available only to individuals and entities who can form legally binding contracts under applicable law. By using our Services, you represent and warrant that you meet these eligibility requirements.

4.3 Service Limitations

We make no guarantees about the results or outcomes of using our Services. You understand that results may vary and depend on various factors beyond our control.

5. Payments and Billing

5.1 Pricing

Prices for our Services are subject to change without notice. We reserve the right to determine pricing for our Services. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.

5.2 Payment Methods

We accept various payment methods for our Services, as indicated during the checkout process. By providing a payment method, you represent that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including any applicable taxes and fees.

5.3 Billing Errors

If you believe that we have billed you incorrectly, you must contact us within 60 days of the billing date. If you fail to notify us within this timeframe, you waive your right to dispute such billing errors.

5.4 Refunds

Our refund policy is available on our Refund Policy page. By using our Services, you agree to this refund policy.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services and all Content provided by GameDev Australia, including without limitation, the website design, text, graphics, interfaces, logos, trademarks, and computer code, are owned by or licensed to GameDev Australia and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, or create derivative works based upon our Content without our express written permission.

6.2 User Content

You retain ownership of any User Content you submit to the Services. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and our business operations.

6.3 Content Restrictions

You agree not to post, upload, or submit any User Content that:

• Infringes any third-party intellectual property rights
• Contains any unlawful, defamatory, obscene, offensive, or otherwise objectionable material
• Contains any viruses, malware, or other harmful code
• Violates or encourages conduct that would violate any applicable law or regulation
• Impersonates any person or entity or misrepresents your affiliation with a person or entity

We reserve the right to remove any User Content at our discretion and without notice.

7. Prohibited Activities

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Engage in any unauthorized advertising, marketing, or promotional activities
• Attempt to access or tamper with non-public areas of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to probe, scan, or test the vulnerability of our systems or networks
• Collect or store personal information about other users without their express consent
• Use any robot, spider, crawler, scraper, or other automated means to access the Services
• Circumvent any technological measures implemented to protect the Services
• Engage in any activity that could damage, disable, overburden, or impair the Services

8. Disclaimers

8.1 Service Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY CONTENT. YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK.

8.2 Third-Party Content Disclaimer

The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability, accuracy, content, products, or services of such third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMEDEV AUSTRALIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to defend, indemnify, and hold harmless GameDev Australia and its officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

11. Termination

We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in Sydney, New South Wales, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration. The arbitration shall be conducted by a single arbitrator, and the award shall be final and binding.

You agree that any arbitration shall be limited to the dispute between you and GameDev Australia individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and GameDev Australia concerning your use of the Services.

14.2 Severability

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

14.3 No Waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

14.4 Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without consent.

14.5 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

15. Contact Information

If you have any questions about these Terms, please contact us at: