BigPond Games consolidated terms and conditions

These terms and conditions set out the terms upon which Telstra Corporation Limited (in this agreement referred to as "we" or "us") will provide the:

1. BigPond Games Shop Service that includes both buy and rental options ("Games Shop Service"); and
2. GameArena Service ("GameArena")

(together "BigPond Games")

Your use of BigPond Games is subject to you agreeing to:

1. the terms and conditions set out in this agreement, including all Schedules; and
2. the terms and conditions of all applicable end user licence agreements that we will provide to you

You must read these terms and conditions carefully. In addition to the generally applicable terms, we draw your attention to:

1. Schedule One that deals specifically with GameArena;
2. Schedule Two that deals specifically with the GameArena Code of Conduct ("Code"); and
3. Schedule Three that deals specifically with Games Shop Service;

Games Shop Service

The Games Shop Service is an online games buy or rental download service provided by us. The Games Shop Service includes all games available to buy or for rental at http://shop.bigpondgames.com

The buy service enables you to download certain games from us subject to licence agreements we will provide to you.

The rental service enables you to play certain games on demand using software from Exent Technologies, Inc ("Exent Software").

It is important that you are aware that not all games available from the Games Shop Service are available for both buy and rental. We will make it clear to you which games are available to buy or rent.

GameArena

GameArena is an online games service that allows BigPond Games Members to play network enabled games on our game servers. You can compete with and against other BigPond Games Members online and in real time. GameArena is available in the following options:

1. You can reserve a game server for exclusive play over a limited period of time with other BigPond Games Members nominated by you
2. You can join an existing ladder on one of the game servers
3. You can join a game server
4. You can rent a game server for exclusive play with other BigPond Games Members nominated by you. You can extend the rental indefinitely while this Service exists.

Only persons 18 years of age or over and who are residents of Australia are eligible to use GameArena. By using GameArena you promise us that you are over the age of 18 years and a resident of Australia.

It is very important that you comply with the Code when using GameArena.

1. You must be a BigPond Games Member to access any of the Services referred to in these terms and conditions.
2. You should be aware that if you do not comply with these terms and conditions, we may suspend or permanently ban you at our discretion.
3. We may also refer certain breaches to appropriate law enforcement agencies, particularly those that relate to the GameArena Code.
4. The terms and conditions take effect when we accept your registration application and continue until terminated by either of us.

1. You must complete our registration form.
2. You must provide true, accurate, current and complete information about yourself in our registration form.
3. You must agree to and comply with these terms and conditions, including all Schedules, and all applicable end user licence agreements and all applicable Telstra policies, which may include the BigPond Acceptable Use Policy. You must comply with our reasonable directions regarding the use of BigPond Games.

1. We will provide you with BigPond Games Membership that includes access to, and use of, BigPond Games provided that you:
   1. are over 18 years of age and have the legal power to enter into the terms and conditions;
   2. reside in Australia;
   3. pay any and all charges associated with BigPond Games by an approved payment method;
   4. agree to provide accurate and current information about yourself at the time of registration and to promptly update such information through the "My Account" section of the website to ensure that it is accurate and complete;
   5. comply with these terms and conditions and all applicable Telstra policies.

1. When you register for BigPond Games you must supply us with a valid email address and promptly advise us of any changes to your email address. We will use this email address to advise you of any issues relating to your account such as competition prize notifications and purchase transaction details and notifications. You should regularly check for emails from us.
2. You agree to receive email news, promotional, marketing and special offers for BigPond Games and related products and services and/or Telstra products and services ("Newsletters") from time to time in accordance with this clause 4 and clause 10 of these terms and conditions. You may choose to unsubscribe from these Newsletters at any time through the My Account section of the website.

1. If you request customer support from us in relation to BigPond Games, we will contact you on the phone number or email address that you have provided during registration, to provide the support. We will not be responsible for providing you with customer support in relation to particular games. However, over time, we will include a link from the website to the websites of the relevant games publisher, when available, for each game.
2. You acknowledge and agree that your correspondence or business dealings with games publishers or any third parties and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You are responsible for ensuring compliance with all applicable laws in connection with any such transactions. You agree we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.

1. We do not guarantee the accuracy, integrity or quality of the content on the BigPond Games website ("the website"), where that content is posted by other users of BigPond Games.
2. The website may contain information about products and services offered by third parties, including product specifications, availability, performance and editorial commentary. We are not responsible for any reliance that you place on any of this content, including, but not limited to, game reviews and game descriptions. You further agree that we are not responsible directly or indirectly in any way for any loss or damage incurred as a result of, or in connection with, your use of, or reliance on, any such third party content.
3. We are also not responsible for postings by users in the user opinion, forum or feedback sections of the website or for reviewing such material prior to it becoming available on the website
4. We have the right, but not the obligation, to remove any third party content that may, in our sole discretion, be considered objectionable, for example if the content contains either language or comments that other members may find offensive or inappropriate.
5. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available to us, including on the website ("Your Content"). You certify that you own all intellectual property rights in Your Content and you agree to indemnify us against all actions, claims, suits, liabilities, costs or expenses, demands arising out of or connected with Your Content.

1. The terms and conditions that apply to the supply of BigPond Games are those that are expressly set out in these terms and conditions, including all schedules, and those implied by consumer protection laws that are unable to be excluded. No other terms apply.
2. We accept liability to you for breach of contract or negligence under the principles applied by the courts, except for as set out in this clause. We exclude all liability to you in respect of BigPond Games if you use it in breach of the terms and conditions. If that liability cannot be excluded but can be limited under any legislation, our liability is limited, where applicable, to:
1. resupplying, or the cost of resupplying, services; or
2. replacing or repairing, or the cost of replacing or repairing, goods,
3. where it is fair and reasonable to do so.
3. We are also not liable to you for:
1. any loss to the extent that it is caused by you, or a person permitted by you to access GameArena, for example, through your negligence; and
2. any loss caused by our failure to comply with our obligations in relation to BigPond Games where that failure is caused by events outside our reasonable control.
4. To the full extent permitted by law we exclude all conditions or warranties which may be implied into this agreement. However, under certain laws you may still possess rights that we may not exclude.

1. From time to time, we need to be able to change all or part of the terms and conditions (including the subscription fee if one applies) to reflect our changing business or the requirements of our business partners.
2. We will notify you of any proposed change at least 30 days before it is to take effect unless:
1. we need to make the change immediately in order to act legally, the change results from changes in the law, for security reasons or for technical or infrastructure reasons. If this is the case, we will give you as much notice as we reasonably can; or
2. the change will benefit you. If this is the case, we can make the change without giving you notice.
3. If we notify you of a change to the terms and conditions and the change means that you are materially worse off (and does not fall within clause a), you may cancel the terms and conditions in accordance with this agreement. Some examples of changes that make you materially worse off are:
1. a significant increase in the prices of the service;
2. withdrawing an important feature of the service that you use regularly; or
3. significantly increasing your obligations or significantly limiting your rights under this agreement.
4. If you do not cancel this agreement in accordance with this agreement, you will be taken to have agreed to the change by your continued use of BigPond Games from the date the change comes into effect.
5. To notify you of a proposed change in accordance with this clause, it is sufficient that we inform you on the website that we have posted a revised copy of the terms and conditions on the website.

1. You may immediately cancel your BigPond Games Membership by going to the "My Account" section of the website, logging in, and selecting the button marked "Cancel" next to your current plan.
2. If you paid to use to the Games Shop Service rental option using a Games Shop Prepaid Card, your access to the rental service and these terms and conditions will be cancelled at the end of the relevant subscription period on the BigPond Games Prepaid Card. To continue access, you must renew your subscription by:
1. providing the details of a valid Australian credit card; or
2. purchasing another Rental Prepaid Card and reactivating your account or setting up a new account.
3. If you are dissatisfied with BigPond Games or with any related terms, conditions, rules, policies, guidelines, or practices in operation, your sole and exclusive remedy is to discontinue your BigPond Games Membership and cancel the terms and conditions.
4. We may immediately cancel the terms and conditions if you:
1. are in serious breach of the terms and conditions. You will be in serious breach of the terms and conditions if:
   1. you breach your obligation to pay your subscription fees; or
   2. you use BigPond Games in a way which otherwise constitutes a serious breach of any of the terms and conditions; or
   3. we become aware or have reasonable grounds to believe that you are under the age of 18 years or that you do not reside in Australia; and
2. we have notified you in writing of your breach and you have failed to remedy the breach within 14 days of the date of our notice (or such longer period as set out in our notice) or the breach is something which cannot be remedied (in which case we may cancel the terms and conditions immediately by giving you notice).
5. We may also cancel this agreement by giving you as much prior notice as we reasonably can if:
1. you become bankrupt or insolvent or appear likely to do so; or
2. we are not able to provide BigPond Games to you due to an event outside our reasonable control (such as an industrial strike or an act of God).
6. We may suspend or restrict the provision of BigPond Games during the notice period before we cancel your membership, or in relation to a breach of the terms and conditions. If we suspend or restrict the provision of BigPond Games to you, you are responsible for any fees payable during the period of suspension. However, if we later decide to lift your suspension or restriction, then we will reimburse the fees (pro-rated if necessary) you paid during the suspension for such part of that period as you had no access to BigPond Games. If you paid to use BigPond Games using a BigPond Games Prepaid Card, you will not receive a credit or refund for the period of the suspension.
7. Ending or suspending the terms and conditions does not affect any of the provisions of the terms and conditions regarding your grant of indemnity or our limitation of liability.
8. This agreement will automatically end if we permanently ban you from using GameArena.
9. This agreement is suspended if we temporarily ban you from using GameArena for the period of the temporary ban.

1. Except as provided by these terms and conditions, the Telstra Privacy Policy applies to your use of BigPond Games in accordance with Telstra's Privacy Statement.(available at http://www.telstra.com.au/privacy/privacy_statement.html )
2. Please read Telstra's "Protecting Your Privacy Online" statement carefully (available at http://telstra.com/res/docs/collectionstatement.asp). It summarises how we and our related companies will collect, use and disclose your personal information and your rights in correcting and accessing that information.
3. The website uses cookies, which are pieces of information that a website can transfer to a user's computer hard drive for tracking user navigation and customising the information to improve the user experience. Cookies can make using the website easier, for example, by storing information about your preferences, customising pages based on your browser type or other information you may have provided via the website. The use of cookies is an industry standard and you'll find most major websites use them. Most Internet browsers are pre-set to accept cookies. However, if you are concerned about the use of cookies you do have the option to opt-out and refuse the transfer of cookies to your computer's hard drive. If you prefer not to receive cookies, you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. If you need further assistance to modify the cookie arrangement on your computer, please contact the company that produces your browser.
4. We have the right to monitor your use of BigPond Games electronically from time to time and to disclose any information as necessary to comply with any law, regulation or other governmental request, to operate the BigPond Games properly, or to protect ourselves or other members in accordance with Telstra's Privacy Policy.
5. We may collect and use your personal information to test your system for the existence of cheat files. We may also notify your ISP if you breach any provision of the Code and you consent to the disclosure of your personal information to this ISP.
6. We have the right to publish on the website your UniqueID and associated game alias, including for the purpose of making public any applicable GameArena ban information.
7. Information concerning you will be held in a database. The database will contain your name, address, telephone numbers, bank account or credit card details, billing details, information relating to the provision and use of the Service, and information provided by you in connection with this Agreement or the Service.
8. This information (other than bank account and credit card details) may be used:
   1. to enable us to perform our obligations to you under this Agreement, including to provide the Service;
   2. to enable us to ensure that you perform your obligations under this Agreement;
   3. by us or any entity related to us and any service provider, for planning, research, or if required by any law (including without limitation the Telstra Corporation Act), or if required by the rules of any stock exchange or, for the promotion and marketing (whether targeted, direct or indirect) of our products and services or the products or services of any service provider and any entity related to us. Except for the Newsletters, which you agree to receive under clause 4.
9. In addition to our other rights under this clause 10, we may give Credit Information about you to a credit reporting agency to:
   1. obtain a consumer credit report about you; or
   2. allow the credit reporting agency to create or maintain a credit information file containing information about you.
10. In addition to our other rights under this clause 10, we may (in accordance with the Privacy Act 1988):
    1. obtain and use information concerning your commercial activities and commercial credit worthiness from a credit reporting agency or other business that reports on commercial credit worthiness to assess your application for the Service (if the application is for consumer credit) or the collect overdue payments;
    2. obtain or use a consumer credit report about you from a credit reporting agency to assess your application for the Service (if it is for commercial credit) or collect overdue payments; and
    3. disclose information about you to other credit providers or obtain and use information from other credit providers for the purposes of assessing your application for the Service, your ongoing credit worthiness or the status of any account held by you with us or with any other credit provider.
11. You consent to the collection, use and disclosure of information as set out in this clause 10 and clause 4.

1. We may assign or novate the terms and conditions by giving you notice in writing. You cannot and must not assign or attempt to assign your rights under the terms and conditions to any other person.
2. This agreement is governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning this agreement.

SCHEDULE ONE

GAMEARENA

1. We must provide you with access to, and use of, GameArena and provide you with a unique user-id and password to access GameArena, unless we believe that you have, will, or are likely to, contravene these terms and conditions, including the Code, for any reason including where we are aware that you have been banned from other similar game servers.
2. We do not check the content of information accessed using GameArena and we are not liable for any loss or damage which you or anyone else suffers as a result of using such information.

1. Your use of GameArena is your responsibility and is entirely at your own risk. That is, by using GameArena you accept full responsibility for all and any information transmitted by you or by a person you permit to access your game server via GameArena.
2. You acknowledge that some of the content accessible on GameArena may be unsuitable for minors and you must ensure that no minor will use GameArena by using your user-id or password without your express permission and under your personal control and supervision.
3. You are responsible for all telecommunication fees or charges to connect to GameArena.
4. You are responsible for acquiring and maintaining all equipment, services and software necessary to access GameArena (including, but not limited to, games software used with GameArena).
5. You must adopt appropriate measures to ensure the security of your computer (particularly your user-id and password) and your data.
6. You accept full responsibility for all use of GameArena by all persons using your user-id or password or permitted by you to access your game server. Further, you must notify us immediately if you become aware of any unauthorised use of your user-id and/or password.
7. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected with use of GameArena by persons using your user-id or password or permitted by you to access your game server.
8. a.You assign to us all your rights, and you will procure that persons permitted by you to access your game server assign to us all their rights, in any information or data submitted by you or them to the game server in the course of using GameArena. To the extent that you or those persons cannot assign such rights, you and they will grant us a perpetual, non-exclusive, royalty free, worldwide licence to use such information or data.
9. a.You acknowledge that you may lose your game settings in the event of a major hardware failure occurring on a game server. You agree that we are not liable to you for any loss to the extent that it is caused by a major hardware failure on a game server.

1. You must not resell or onsell GameArena or any part of it, or permit any other person, other than an adult member of your household or others with your express permission and under your personal control and supervision, to use your user-id or password to access GameArena. Where you have acquired exclusive access to a game server, however, you may permit other BigPond Games Members to access that game server.
2. You must not use GameArena in a way that breaches any laws, regulations, standards or codes (including the Code), as enacted, modified or updated from time to time.
3. You must not use GameArena in a way which infringes any of our rights or the rights of any third party.
4. You must not use GameArena in a way, which interferes with its availability to any other user or the use of GameArena by any other users.
5. You must not use GameArena to defame, harass or menace any other person.
6. You must not breach any of the terms or conditions set-out in this agreement or the Code.
7. You cannot and must not assign or attempt to assign your rights under this agreement to any other person.
8. You must not use GameArena outside Australia (although you may permit an individual to access a game server from outside Australia).

SCHEDULE TWO

GAMEARENA CODE OF CONDUCT

As applicable, you must comply with this Code and the BigPond Acceptable Use Policy (available at http://my.bigpond.com/internetplans/broadband/acceptableuse/default.jsp)

You must not engage in any of the prohibited conduct that is listed in this Code, irrespective of whether this conduct does or does not in fact breach the law. If you do engage in this prohibited conduct, we may take any or all of the following action:

1. issue a warning that may result in a temporary disconnection from GameArena;
2. permanently ban you from GameArena;
3. notify your ISP; and
4. notify the applicable law enforcement agency.

You must not engage in any of the prohibited conduct that is described in this Code. If you do engage in this prohibited conduct, we may take any or all of the following actions that are listed below.

1.1 Generally prohibited conduct

You must not:

1. Display, make available or link objectionable material or material that is not suitable for people under 18 years (or display links to sites containing this material). Objectionable material includes material that depicts or expresses matters of sex, pornography, drug misuse or addiction, crime, cruelty, violence or revolting behaviour or words. Objectionable material also includes material that promotes or instructs on matters of crime and violence.
2. Use GameArena to commit a serious offence against the law.
3. Threaten to kill or cause serious harm to another person.
4. Menace, harass or offend another person.
5. Make a hoax threat that an explosive or dangerous or harmful substance has been or will be left in any place.
6. Procure or attempt to procure a person under the age of 16 to engage in sexual activity.
7. Post or upload material containing viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

1.2 Display or use advertising materials or promotional material (including any advertising or promotional material of one our competitors).

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.3 Post material that infringes the intellectual property rights, confidentiality rights, or privacy rights of another person.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.4 Use or display illegal or pirated software material or links to pirated software websites.

Action we may take:

1. Permanent ban from GameArena.
2. We may also notify your ISP.

1.5 Display links to third party websites that contain indecent or pornographic material

Action we may take:

1. Indefinite suspension from GameArena at our sole discretion
2. Permanent ban from GameArena

1.6 Display links to third party websites relating to cheats for use in multiplayer gaming.

Action we may take:

1. Permanent ban from GameArena.

1.7 Use cheats during multiplayer games.

Action we may take:

1. Permanent ban from GameArena.
2. We may also notify your ISP.

1.8 Communicate with other players, GameArena staff, administrators or Game operators in a manner that is offensive, obscene, overly aggressive or intimidating (Abusive) or that is offensive, defamatory or discriminatory on the grounds of religion, race, colour, descent or national or ethnic origin, gender or sexual preference (Discriminatory) including the use of Abusive or Discriminatory symbols, pictures or video or audio clips.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from GameArena.
3. Any further breaches may result in a permanent ban.

1.9 Act in a manner that is Abusive or Discriminatory (including any act of stalking).

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from GameArena.
3. Any further breaches may result in a permanent ban.

1.10 Falsely accuse other players of cheating for the purpose of discrediting an innocent player.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.11 Use inappropriate names or links or name tag stealing. This includes using offensive, Abusive or Discriminatory or otherwise inappropriate language or symbols in a player's online nickname or clan tag. Using (or posting links to) , Abusive or Discriminatory or otherwise inappropriate language or symbols. Using another player's name with the purpose of discrediting their online name.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from all GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.12 Fail to adhere to a Game Operator's or Administrator's reasonable request.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.13 Engage in general disruptive behaviour that affects the ability of other players' to enjoy a game. This includes interrupting or otherwise interfering with the ability of another player, Game Operator, GameArena staff member or administrator to participate in GameArena.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from all GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.14 Engage in offensive or inappropriate behaviour generally. This includes engaging in conduct or action or use of language or symbols which GameArena, in its absolute discretion, considers to be inappropriate or offensive.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from all GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.15 Post inappropriate material on a GameArena message board. This includes any material that breaches this Code.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2 week ban from all GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.16 Deliberately use Team Killing (Tking) for the purpose of disrupting a game. This includes purposely shooting team mates to kill, wound or disrupt their aim during gameplay and purposely throwing grenades with the intention to blind or injure team mates, regardless of whether the server is FRIENDLY FIRE enabled or not.

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2-week ban from GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

1.17 Fail to reasonably attempt to complete the objective in games that are objective based (gameplay moderation)

Action we may take:

1. First two times: warnings to immediately cease the prohibited behaviour.
2. Third time: 2-week ban from GameArena.
3. Any further breaches may result in a permanent ban from GameArena.

Telstra is not obliged to take any action in relation to any prohibited conduct mentioned above. Any action that Telstra does or does not take will be at Telstra's absolute discretion.

If you have concerns or a complaint to make about the GameArena service, or an individual's behaviour on it, please contact the GameArena Support help desk.

SCHEDULE THREE

GAMES SHOP SERVICE

The Games Shop Service includes both buy and rental options. Outlined below are the terms and conditions that apply in addition to the generally applicable terms and conditions. Section one outlines the terms and conditions applicable to the buy option. Section two outlines the terms and conditions applicable to the rental option.

1.1 Your use of the buy option

1. You must not permit any person, other than an adult member of your household or any person with your express permission and under your personal control and supervision to use your user-id or password to purchase games from the Games Shop Service.
2. You are responsible for ensuring the security of your computer and maintaining the confidentiality of your user-id and password and your data. You accept full responsibility for all use of the Games Shop Service by all persons using your user-id or password and you must ensure that these additional users comply with the terms and conditions. Further, you must notify us immediately if you become aware of any unauthorised use of your user-id and/or password.
3. Your use of the Games Shop Service is your responsibility and is entirely at your own risk. By using the Games Shop Service you accept full responsibility for all and any information that you transmit via the Games Shop Service.
4. You must not use the Games Shop Service in a way that breaches any of the terms and conditions or any laws, regulations, standards or codes, as enacted, modified or updated from time to time.
5. You must not use, reproduce, sell, resell or otherwise exploit the Games Shop Service or any part of it for commercial purposes.
6. Your use of and access to the Games Shop Service and any game constitutes your acceptance of the terms and conditions of the applicable game publisher for the use of that game, including as set out in the Atari End-User License Agreement, Dataworks End-User License Agreement and Ubisoft Entertainment End User License Agreement.
7. You are responsible for acquiring and maintaining all equipment, services and software necessary to access the Games Shop Service (other than the games which we sell to you as part of the Games Shop Service). You are responsible for all telecommunication fees or charges incurred as a result of connecting to the Games Shop Service.
8. You must not, and you must not authorise any other third party, to:
   1. remove, use or falsify any copyright, trade mark or other proprietary notice or disclaimer from or in relation to any material contained in the Games Shop Service or any game;
   2. make use of the Games Shop Service for any purpose other than purchasing games from the Games Shop Service;
   3. modify, copy, adapt, distribute, translate or create derivative works, of any kind whatsoever, of any games or any software, applications or programs provided to you in connection with the Games Shop Service;
   4. collect or store personal information about other users; or
   5. reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any games or any of the software, applications or programs provided to you in connection with the Games Shop Service.
9. You must not send, publish, post, upload, email, link, distribute or disseminate (together "Transmit"):
   1. viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware or our website;
   2. material that infringes the rights of another person including intellectual property rights, confidentiality rights or privacy rights; or
   3. material obtained through the Games Shop Service without obtaining permission of the intellectual property or other right holder.
10. You agree to indemnify us for all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with:
    1. any breach of the terms and conditions by you;
    2. the use of the Games Shop Service by persons using your user-id or password; or
    3. your use of the Games Shop Service which is negligent or infringes the rights of any third party.

1.2 Use of the Games

1. If you have problems installing a game or if the original file on your stand-alone personal computer has been destroyed, the terms of use for the game may permit you to re-download and re-install the game a specific number of times without further payment by you.
2. To download a full game to your stand-alone personal computer, you must enter the activation code we email to your valid email address. If you have lost your activation code, you may request that the activation code is resent to you.

1.3 Charges

1. Charges for each of the games available in the Games Shop Service are set out on the website. All charges are GST inclusive, unless otherwise stated.
2. If you purchase a game using your credit card, you agree that we may:
   1. charge all charges to your valid nominated credit card (We accept MasterCard, Visa and American Express cards with an Australian billing address only);
   2. disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details; and
   3. take steps to verify that there is sufficient credit on your credit card account to meet the charges due under this Agreement.
3. If you purchase a game using other payment methods, you agree that we may:
   1. charge or debit all charges to your nominated account; or
   2. debit the charges from the balance of any prepaid card.
4. If any amount is unpaid after the due date, we may do any or all of the following:
   1. charge you interest (at an annual rate up to the official cash rate set by the Reserve Bank of Australia plus five per cent - you can review this rate at www.rba.gov.au) on the unpaid amount from the date it was due until the date we receive full payment;
   2. cancel this Agreement.

1.4 Charges - BigPond Broadband Customers Only

1. If you are a BigPond Broadband customer you will receive a discounted price for games purchased from the Games Shop Service only by firstly logging into your BigPond Broadband customer account.

1.5 Special Offers

1. Unless otherwise stated, special offers or introductory trials are offered on the basis of one offer or trial of each game per household.
2. Upon registering for your free trial you will be authorised to download a game for free or to access a game on a timed-out basis or restricted access basis, at our sole discretion.
3. At the end of the free trial where access to a game has been limited, you will be asked to provide the relevant payment details to purchase the full version of the game.
4. For some games you may be able to download a demonstration version of the game from a link to the GameArena Service. For the avoidance of doubt, your use of a demonstration version of a game is subject to these terms and conditions.
5. We may, at our discretion, offer rewards or credit for future purchases from the Games Shop Service if you purchase a certain number of games or a certain total value of games.
6. You may receive hardware or software devices as part of a promotion or other marketing event in connection with the Games Shop Service (each a "Promotional Item"). All Promotional Items are provided on an "as is" and "as available" basis. Promotional Items are for personal use only and cannot be resold. Under no circumstances will we or affiliates or third-party suppliers, be liable for any damages, including direct, indirect, special or consequential damages, that may arise out of or in connection with:
   1. the provision of a Promotional Item:
   2. the use of, inability to use or performance of a Promotional Item; or
   3. the design, manufacture, operation or malfunction of a Promotional Item.
7. Use of a Promotional Item is subject to the manufacturer's terms and conditions, including minimum systems requirements. Additional hardware and/or software may be required in order to use a Promotional Item. Customer service and support may not be provided for Promotional Items.

1. Except in relation to access to games which are included in the plan type entitled "Kids Plan" ("Kids Games"), you must not permit:
   1. any person under 18 years old; or
   2. any person, other than an adult member of your household or any person with your express permission and under your personal control and supervision,

   to use your user-id or password to access the rental option.

2. You may permit a person under 18 years old who is under your personal control and supervision to use your user-id or password to access the Rental option for the purpose of accessing only the Kids Games.
3. You are responsible for ensuring the security of your computer and maintaining the confidentiality of your user-id and password and your data. You accept full responsibility for all use of the Rental option by all persons using your user-id or password and you must ensure that these additional users comply with the terms and conditions. Further, you must notify us immediately if you become aware of any unauthorised use of your user-id and/or password.
4. Your use of the Rental option is your responsibility and is entirely at your own risk. By using the Rental option you accept full responsibility for all and any information that you transmit via the Rental option.
5. You must not use the Rental option in a way that breaches any of the terms and conditions or any laws, regulations, standards or codes, as enacted, modified or updated from time to time.
6. You must not use, reproduce, sell, resell or otherwise exploit the Rental option or any part of it for commercial purposes.
7. You must accept the terms of the end user licence agreement for the use of the Exent Software click here. For any games that you wish to play on the Rental option, your use of and access to the Rental option and the applicable game constitutes your acceptance of the terms and conditions of the applicable game publisher for the use of that game, including as set out in the Atari End-User License Agreement, the Dataworks End User License Agreement, the Auran End-User License Agreement, and the Ubisoft Entertainment End User License Agreement.
8. You are responsible for acquiring and maintaining all equipment, services and software necessary to access the Rental option (other than the Exent Software and games which we provide to you as part of the Rental option). You are responsible for all telecommunication fees or charges incurred as a result of connecting to the Rental option.
9. You must not, and you must not authorise any other third party, to:
   1. remove, use or falsify any copyright, trade mark or other proprietary notice or disclaimer from or in relation to any material contained in the Rental option or any game;
   2. make use of the Rental option for any purpose other than playing games online using the Rental option;
   3. modify, copy, adapt, distribute, translate or create derivative works, of any kind whatsoever, of any games or any software, applications or programs provided to you in connection with the Rental option;
   4. collect or store personal information about other users; or
   5. reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any games or any of the software, applications or programs provided to you in connection with the Rental option.
10. You must not: send, publish, post, upload, email, link, distribute or disseminate (together "Transmit"):
    1. viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware or our website;
    2. material that infringes the rights of another person including intellectual property rights, confidentiality rights or privacy rights; or
    3. material obtained through the Rental option without obtaining permission of the intellectual property or other right holder.
11. You agree to indemnify us against all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with:
    1. any breach of the terms and conditions by you;
    2. the use of the Rental option by persons using your user-id or password; or
    3. your use of the Rental option which is negligent or infringes the rights of any third party.

2.2 Charges

1. Subscription fees for the Rental option are set out on the website. You are responsible for such fees from the time your membership commences (even if the charges have been incurred by a person with unauthorised access to your account), subject to any suspension or cancellation of your membership or any special offers. All charges are GST inclusive, unless otherwise stated.

2.3 Charges - Credit Card Subscription

1. We have structured our subscription fees so that all monthly fees are payable in advance. If your membership is suspended or cancelled part way through a month, we will not refund or credit to you any unused portion of your monthly subscription fee.
2. You agree that we may:
   1. charge all fees and charges relating to the Rental option to your valid nominated credit card (We accept MasterCard, Visa and American Express cards with an Australian billing address only);
   2. disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details; and
   3. take steps to verify that there is sufficient credit on your credit card account to meet likely fees due under this Agreement.
3. You will be required to provide the details of a valid credit card with an Australian billing address even while you are subject to a special offer or trial plan which does not require the payment of any subscription fees. This is because you agree that we may commence charging you subscription fees at the end of an offer or trial if you have not cancelled your subscription to the game prior to the end of the offer or trial period for that game.
4. If any amount is unpaid after the due date, we may do any or all of the following:
   1. charge you interest (at an annual rate up to the official cash rate set by the Reserve Bank of Australia plus five per cent - you can review this rate at www.rba.gov.au) on the unpaid amount from the date it was due until the date we receive full payment;
   2. cancel or suspend this Agreement.

2.4 Charges - Rental Prepaid Cards

1. If you purchase a Rental Prepaid Card, the subscription fee for use of the Rental option for the relevant subscription period will be debited from the balance contained on the Rental Prepaid Card.
2. If you cancel your subscription part way through the relevant subscription period, we will not refund or credit you for the subscription fee already debited from the Rental Prepaid Card.
3. You may only receive a refund for any balance on a Rental Prepaid Card if:
   1. the card is damaged or faulty; and
   2. you return the faulty or damaged card to a retail outlet which sells the cards, accompanied by the original sales receipt.
4. You will be required to provide the details of your Rental Prepaid Card account even while you are subject to a special offer or trial plan which does not require the payment of any subscription fees. This is because you agree that, at the end of an offer or trial, if you have not cancelled your subscription to the game prior to the end of the offer or trial period, we may commence debiting from your Rental Prepaid Card the subscription fees for that game.

2.5 Charges - BigPond Broadband Customers Only

1. If you are a BigPond Broadband customer you will receive a discounted subscription rate for the Rental option. The discounted subscription rate is not available if you pay for use of the Rental option using a Rental Prepaid Card.
2. You will receive the discounted subscription rate only if you register and access the Rental option by firstly logging into your BigPond Broadband customer account.
3. If you do not access the Rental option by firstly logging into your BigPond Broadband Customer account, after 10 non BigPond Broadband ADSL or Cable connections, you will be required to re-authenticate by re-entering your BigPond username and password on the website.
4. If you fail to re-authenticate, your plan type will be charged to the higher standard subscription rate at the start of the next billing cycle.

2.6 Special Offers

1. Unless otherwise stated, special offers or introductory trials are offered on the basis of one offer or trial available per household.
2. Upon registering for your free trial you will be authorised for a limited period of service to the same service provided to our paying members or a limited level of service (for example, you may only be able to access a sub-set of the games provided to paying members), at our sole discretion.
3. Upon registering for your free trial you must:
   1. provide a valid credit card with an Australian billing address, as described in clause 8.3; or
   2. provide details of your Rental Prepaid Card account, as described in clause 9.4.
4. No subscription fees for the game which is subject to the free trial will be charged to your credit card or be debited from the balance of your Rental Prepaid Card:
   1. during the free trial period for the game; or
   2. if you cancel your subscription to the game prior to the end of your free trial period.
5. If your membership to the Rental option is suspended during the period while any special offer or introductory trial applies to you, such offer will cease to apply to you from the time of such suspension.
6. At the end of the free trial, unless you have cancelled your subscription to the game during the free trial:
   1. your credit card will begin being debited with the subscription fee; or
   2. the balance of your Rental Prepaid Card will begin being debited with the relevant subscription fee.
7. You may receive hardware or software devices as part of a promotion or other marketing event in connection with the Rental option (each a "Promotional Item"). All Promotional Items are provided on an "as is" and "as available" basis. Promotional Items are for personal use only and cannot be resold. Under no circumstances will we or affiliates or third-party suppliers, be liable for any damages, including direct, indirect, special or consequential damages, that may arise out of or in connection with:
   1. the provision of a Promotional Item:
   2. the use of, inability to use or performance of a Promotional Item; or
   3. the design, manufacture, operation or malfunction of a Promotional Item.
8. Use of a Promotional Item is subject to the manufacturer's terms and conditions, including minimum systems requirements. Additional hardware and/or software may be required in order to use a Promotional Item. Customer service and support may not be provided for Promotional Items.