Curriculum links - coming soon!
Curriculum links - coming soon!
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These Terms of Use ("Terms") outline the terms and conditions governing your use of the Defeat the Beat website and its related services, operated by PhysiGames ("we" or "us").
The term "minors" refers to individuals below the legal age of majority as defined by the laws of the respective state or country in which the educational or recreational activities (Defeat the Beat) takes place.
By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website.
Ownership and use of content
The information and materials presented on this website are owned by PhysiGames. All rights are reserved. Except as expressly permitted, you may not redistribute or reproduce any part of the website's contents without our prior written permission.
Paid subscribers of the game and signed-up users of the free Trial Beat (limited to Trial Beat content) are allowed to print or download extracts of the content for personal and non-commercial use only.
Accuracy and reliability
While we make every effort to ensure the accuracy and currency of the materials on this website, we do not make any representation or warranty regarding their accuracy, reliability, currency, or completeness. The materials provided are for informational purposes only, and we advise you to exercise your own independent judgment before relying on them. The content provided is for educational purposes only and does not constitute professional advice. Users should seek their own professional advice for specific situations. Additionally, we do not guarantee real-time updates of the content.
Termination of Access
PhysiGames reserves the right to terminate access in case of any violation of terms or misuse. We will provide reasonable notice to users prior to termination.
Links to third-party websites
This website may contain links to other websites for your convenience. These links do not signify our endorsement of the material, organisation, product, or service on those websites. We are not responsible for the accuracy, reliability, currency, or completeness of any third-party information. We advise users to exercise caution and review the terms and privacy policies of linked websites.
Limitation of liability
PhysiGames shall not be held liable for any loss or damage, including but not limited to, direct, indirect, incidental, or consequential damages, arising from your use of this website or reliance on any information or material provided herein, including third-party information. This includes, but is not limited to, lost profits, data, or business interruption. This limitation of liability applies even if PhysiGames has been advised of the possibility of such damages. Our liability is limited to the maximum extent permitted by law.
Assumption of Risk
By using Defeat the Beat, you acknowledge and accept that there is a possibility of physical injury, and you voluntarily assume all risks associated with your participation in the game. You agree to release and discharge PhysiGames from any and all claims or causes of action, known or unknown, arising from your use of Defeat the Beat. Participation in the game is at your own risk.
Minors
If the intended use of Defeat the Beat is to be played by minors; schools, organisations, and sporting clubs must adhere to the specific laws and regulations governing the involvement of minors in educational or recreational activities within their respective states, territories and country of use. We advise that it is the responsibility of schools, organisations, and sporting clubs to seek consent from parents or guardians prior to playing Defeat the Beat with minors.
Adequate supervision must be maintained throughout the engagement in Defeat the Beat activities to ensure the safety and well-being of participating minors.
Entities employing the game are responsible for compliance with all applicable laws and regulations concerning the involvement of minors in educational or recreational activities within their jurisdiction.
By incorporating Defeat the Beat into the educational or recreational programs for minors, schools, organisations, and sporting clubs acknowledge and accept these responsibilities. PhysiGames is not liable for any issues arising from the use of Defeat the Beat with minors, and the aforementioned entities assume all associated risks.
Subscription Policies
1. Subscription Plans and Billing
1.1. "Defeat the Beat" offers the following subscription plans:
1.2. The subscription billing will occur based on the selected plan frequency.
1.3. In the event of establishing an alternative subscription model tailored for districts and associations, negotiations regarding subscription terms, including pricing, duration, scope of access, and any other relevant provisions, shall be conducted within the framework of the agreed-upon model. Both "Defeat the Beat" and the subscribing districts/associations shall ensure that the terms agreed upon comprehensively address their respective needs and expectations. It is advisable to document the agreed-upon terms in writing, either within the subscription setup or through a separate written agreement exchanged between the parties.
1.4. In the event of missed payments or a billing failure after the first month, the user's subscription will be automatically cancelled.
1.5. It is the responsibility of single customers to contact us at admin@physigames.com.au if you believe there are further discounts available to you. Please see item 2.3.
1.6. "Defeat the Beat" shall not be held responsible for any subscriptions initiated by customers who are members of our partner collaborators and have not communicated with us regarding their subscription preferences. We do not backdate payments, but upon notification of their membership and new subscription amount, we will promptly send a new billing subscription link accordingly. It is the responsibility of the customer to inform us of any changes in their subscription status or membership of affiliated partners to ensure accurate billing.
2. Account Billing Responsibility for Organisations
2.1. Subscribing organisations, such as schools or sporting clubs (but not limited to), are responsible for maintaining accurate and up-to-date billing information, including credit card details, for their accounts.
2.2. It is the responsibility of subscribing organisations to promptly inform "Defeat the Beat" of any changes to their billing information to prevent any disruption of service.
2.3. Subscribing organisations interested in potential discounts through our partner collaborators are responsible for initiating contact with us (admin@physigames.com.au) to discuss and arrange potential discount details for their subscription.
3. Refunds and Cancellations
3.1. "Defeat the Beat" does not offer refunds for subscription charges, except where mandated by applicable law.
3.2. Subscribing organisations may cancel their subscription at any time by contacting PhysiGames via email at admin@physigames.com.au or through the contact form on our website.
3.3. Cancellations will be effective at the end of the current billing period, and no refunds will be provided for partial billing periods.
4. Payment System
4.1. "Defeat the Beat" uses the PayPal subscription plan for processing payments. Subscribers acknowledge that their use of PayPal is subject to PayPal's terms and conditions.
4.2. "Defeat the Beat" can offer payments via bank transfer or other manual payment methods, please contact us at admin@physigames.com.au to discuss the details and arrange a subscription schedule of payment.
5. User Account Security and Privacy
5.1. Users with authorised personal user accounts are strictly prohibited from sharing login credentials, including usernames and passwords, with any third party. Any unauthorised sharing of login information constitutes a breach of security and may result in the compromise of personal data or subscription benefits. Users are solely responsible for maintaining the confidentiality of their account information.
5.2. While we implement industry-standard security measures to protect user data, we cannot guarantee the absolute security of information transmitted over the internet. Users acknowledge and accept the inherent risks associated with online activities and agree that PhysiGames shall not be held liable for any unauthorised access to or disclosure of personal information. Users are encouraged to take precautions to safeguard their accounts and personal data.
5.3. Users accessing Defeat the Beat with a single organisation authorised user account (admin account) must adhere to these Terms of Use and Conditions and refrain from sharing login credentials with any third party. The subscribing organisation assumes responsibility for monitoring and managing access to the shared admin account to ensure compliance with these terms and to safeguard the security and integrity of the account.
Modifications to Terms
We reserve the right to modify these Terms of Use and Terms of Conditions at any time without prior notice. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the website after modifications are made constitutes your acceptance of the revised Terms.
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