Terms of Service (“Terms”)

Last updated: January 11th, 2020

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.flaktest.com website (the “Service”) operated by Flaktest Gaming Pty. Ltd (“Flaktest”, “us”, “we”, or “our”). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. 

  1. Content 
    1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. 
    2. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. 
    3. You represent and warrant that:
      1. the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and;
      2. the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
    4. Further, you warrant that:
      1. the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
      2. the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
      3. the Content will not be unsolicited, undisclosed or unauthorised advertising;
      4. the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and;
      5. the Content does not bring us or the Service into disrepute. 
    5. You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request. 
    6. We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time. 
    7. You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures. 
  2. Accounts 
    1. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. 
    2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. 
    3. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 
    4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. 
  3. Prices and Payments
    1. All prices quoted on the website are quoted in Australian Dollars (“AUD”) and are inclusive of GST.
    2. All payments to be made to Flaktest must be in AUD and must be inclusive of GST. A payment to be made to Flaktest must always be made in accordance with Flaktest’s Terms of Purchase & Refund Policy below.
    3. Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the website or Flaktest content will be delayed until correct payment is made.
    4. All prices quoted on the website are subject to change without notice. You should confirm the price of a product or service before placing an order for it.
  4. Terms of Purchase & Refund Policy
    1. Before you make a purchase on the Flaktest Gaming website, you agree that you have read, understood and agree to Flaktest’s Terms of Purchase & Refund Policy below.
    2. Terms of Purchase:
      1. Flaktest will charge your credit/debit card with the subscription fee for the product(s) and/or services that are described on the website before you enter your credit/debit card details.
      2. Flaktest accepts major credit cards associated with a billing address within Australia or New Zealand.
      3. Flaktest is not responsible for any Foreign Transaction Fees (if you are using an international credit card) or any other additional fees charged by your bank.
      4. Flaktest does not accept Money Orders, Cash or Cheque payments.
      5. Tax invoices for the payment of your subscription fees can be created and sent to you on request. Unless specifically stated otherwise, all amounts or fees in relation to the Services are GST inclusive and in Australian Dollars (AUD).
      6. Refund Policy:
        1. Flaktest does not offer refunds
        2. If you have any purchase queries, please feel free to contact Flaktest via email: brett@flaktest.com
  5. Intellectual Property 
    1. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Flaktest Gaming Pty. Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Flaktest Gaming Pty. Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. 
    2. You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms. 
    3. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute. 
    4. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. 
    5. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us. 
  6. Children
    1. By signing up for an account or using our products and services you agree that you have read and understood these terms and conditions and that you are over the age of 18, or have obtained your parent’s or guardian’s permission to provide us with your personal information. If you are under the age of 18 and you have not obtained your parent’s or guardian’s permission, you must not provide us with your personal information or use our products and services.
  7. Links To Other Websites 
    1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Flaktest Gaming Pty. Ltd. 
    2. Flaktest Gaming Pty. Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Flaktest Gaming Pty. Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 
    3. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. 
    4. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 
  8. Termination 
    1. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 
    2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. 
    3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
    4. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. 
    5. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records. 
  9. Conduct Policy
    1. By using this website, you agree to Flaktest Gaming’s Conduct Policy below.
    2. You must not:
      1. use the the website in breach of any applicable laws or regulations;
      2. use the website (or material obtained from the website):
        1. to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
        2. to impersonate any person or entity;
        3. to solicit money, passwords or personal information from any person;
        4. to harm, abuse, harass, stalk, threaten or otherwise offend others; or for any unlawful purpose;
        5. use the website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:
          1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
          2. contains, promotes, or provides information about unlawful activities or conduct;
          3. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
          4. exploits another person in any manner;
          5. contains nudity, excessive violence, or sexual acts or references;
          6. includes an image or personal information of another person or persons unless you have their consent;
          7. poses or creates a privacy or security risk to any person;
          8. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
          9. contains large amounts of untargeted, unwanted or repetitive content;
          10. contains restricted or password only access pages, or hidden content;
          11. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
          12. advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
          13. contains financial, legal, medical or other professional advice;
          14. interfere with, disrupt, or create an undue burden on Flaktest;
          15. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of Flaktest or the website;
          16. use the website with the assistance of any automated scripting tool or software;
          17. frame or mirror any part of the website without our prior written authorisation;
          18. use code or other devices containing any reference to the website to direct other persons to any other web page;
          19. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so; or
          20. delete any attributions or legal or proprietary notices on the website.
  10. Indemnification 
    1. As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. 
    2. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends. 
  11. Limitation Of Liability
    1. You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service. 
    2. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. 
    3. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. 
    4. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. 
  12. Disclaimer 
    1. Our use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. 
    2. Flaktest Gaming Pty. Ltd. its subsidiaries, affiliates, and its licensors do not warrant that:
      1. the Service will function uninterrupted, secure or available at any particular time or location;
      2. any errors or defects will be corrected;
      3. the Service is free of viruses or other harmful components;
      4. the results of using the Service will meet your requirements. 
    3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action. 
    4. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service. 
  13. Exclusions 
    1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 
  14. Governing Law 
    1. These Terms shall be governed and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions. 
    2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. 
  15. Changes 
    1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. 
    2. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof. 
  16. Contact Us 
    1. For any questions and notices, please contact us at:
    2. Flaktest Gaming Pty Ltd 51 611 528 119
    3. Email: brett@flaktest.com