Netquizz is a trivia streaming service created for subscribers, allowing members to access video trivia shows streamed over the internet to internet-connected TV’s, computers, or other devices (“Netquizz Service”). The content created by Netquizz is only available through the Netquizz Service, and is for use by account holders of licensed and unlicensed venues, generally within the hospitality industry.
These Terms of Use govern the use of our Netquizz service. As used in these Terms of Use, “Netquizz service”, “our service” or “the service” means the service provided by Netquizz for the use of the website, and viewing the content contained within, including all features and functionalities, our recommendations, reviews, the user interfaces, as well as all content and software associated with our service.
- Your Subscription1.1. Your Netquizz subscription will continue until terminated. To use the Netquizz service you will require internet access and to have provided a payment method. A “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise Netquizz, and our associated payment gateway provider, to charge the subscription fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may, from time to time offer various or differing subscription plans. Some membership plans may have differing conditions and limitations, which will be disclosed during the sign-up process, or in other communications we provide to you. To view the specific information regarding your subscription, click on the “Account” link on the Netquizz website.
- Promotional Offers. We may, from time to time, offer special promotional offers (“Offers”). The eligibility for any Offer will be decided upon by Netquizz, at its sole discretion and we reserve the right to revoke any Offer and put your account on hold in the event that we determine you are not eligible. The eligibility requirements as well as any other relevant limitations and conditions, will be disclosed during the sign-up process for the Offer, or in any other communications we provide to you.
- Billing and Cancellation3.1. Billing Cycle. The subscription fee to use the Netquizz service, as well as any other charges you may incur in connection with the use of our service, such as taxes or transaction fees, will be charged to your chosen Payment Method. The fee will be charged monthly, on the specified date that is outlined on your “Account” page within the Netquizz website. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan, or if your subscription began on a day not contained in a given month. We will authorise your Payment Method in anticipation of a paid subscription upon registration to use the Netquizz service, and prior to any “Free Trial” period, for up to approximately one month in advance.
3.2. Payment Methods. To use the Netquizz service, you will be required to provide a Payment Method. By doing so, you authorise Netquizz to charge your chosen Payment Method associated with your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for more details.
3.3. Updating your Payment Methods. You can update your Payment Methods from your “Account” page on the Netquizz website.
3.4. Cancellation. You can cancel your Netquizz subscription at any time, and you will continue to have access to the Netquizz service until you reach the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription period. To cancel, go to your “Account” page on the Netquizz website, and follow the instructions and prompts for cancellation.
3.5. Price Changes. Netquizz reserves the right to change the subscription price to use the Netquizz service. Any price changes, or changes to the cost of your subscription, will apply no earlier than 30 days following notice to you.
- Use of the Netquizz Service4.1. You must be at least 18 years of age to create a Netquizz account. Minors may only use the service under the supervision of an adult.
4.2. The Netquizz service and all content that is viewed through using the service are for use by the account holder only, and can only be used at the single venue the account was created for. During your Netquizz subscription we grant you a limited, non-exclusive, non-transferable right to access the Netquizz service and view the Netquizz content. A new account must be created for any additional venue(s) the account holder may choose to have the Netquizz service to be viewed.
4.3. You may view the Netquizz content primarily within the country in which you have established your account and only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location, and will change from time to time.
4.4. The Netquizz service, as well as the library of viewable content, is regularly updated, and content may be removed or updated at any time.
4.5. You agree to use the Netquizz service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netquizz service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Netquizz service; use any robot, spider, scraper or other automated means to access the Netquizz service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Netquizz service; insert any code or product or manipulate the content of the Netquizz service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Netquizz service, including any software viruses, malware, or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.6. Netquizz software is developed by, or for, Netquizz and may solely be used for authorized streaming and viewing of Netquizz content.
- Account Access. The person who created the Netquizz account, and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Netquizz account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over any devices that are used to access the service, and not reveal the password to their Account, or the details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Netquizz or our partners from identity theft or other fraudulent activity.
- Warranties and Limitations on Liability. The Netquizz service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
- Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND NETQUIZZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Netquizz agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
- Miscellaneous8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Australia.
8.2. Unsolicited Materials. Netquizz does not accept unsolicited materials or ideas for Netquizz content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Netquizz.
8.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Netquizz Help Center, or the FAQ’s on our website.
8.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.5. Changes to Terms of Use and Assignment. Netquizz may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices), as well as promotional material (e.g. new trivia shows, content, special offers) in electronic form only, to the email address provided during registration.