Terms of use and Conditions

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These Terms and Conditions ("Terms") outline the terms, conditions, and guidelines governing your use of the Defeat the Beat website and its related services, operated by PhysiGames ("we" or "us").

Definitions

• "Facilitator" refers to individuals such as teachers, coaches, or supervisors who are responsible for guiding, instructing, or overseeing participants during the use of Defeat the Beat, ensuring a safe and supportive environment.
• "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) take place.
• "User" refers to any individual who accesses or uses the website and its related services.
• "Services" refers to the offerings provided through the Defeat the Beat website, including but not limited to access to game content.

By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from using our website.

Ownership and use of content
1.1 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.
1.2 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
2.1 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 judgement 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
3.1 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
4.1 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
5.1 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
6.1 Player: By playing 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 and that of others in the game. You agree to release, indemnify, and discharge PhysiGames from any and all claims, liabilities, or causes of action, known or unknown, arising from your use of Defeat the Beat. Participation in the game is entirely at your own risk.
6.2 Facilitator use: As a facilitator using Defeat the Beat, you acknowledge and accept that there is a possibility of physical injury and mental health impacts for participants, and you assume responsibility for ensuring a safe and supportive environment during the game. While Defeat the Beat is designed in accordance with best practices in education, with the health and well-being of participants as a foremost priority, you agree to take all reasonable steps to minimise risks, actively monitor participants' physical and mental well-being, and provide appropriate support as needed. You also agree to communicate the potential risks to all participants, ensuring they understand and accept them before engaging in the activity.
6.3 By facilitating Defeat the Beat, you agree to release, indemnify, and discharge PhysiGames from any and all claims, liabilities, or causes of action, known or unknown, arising from the use or facilitation of Defeat the Beat. It is your duty to exercise due care, promote a positive experience, and take proactive measures to address any signs of distress or discomfort among participants. Facilitators are also encouraged to familiarise themselves with safety and well-being guidelines, in line with their own organisation’s policies and procedures, to ensure that all participants are capable of safely and comfortably engaging in the game.

Minors
7.1 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 countries 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.
7.2 Adequate supervision must be maintained throughout the engagement in Defeat the Beat activities to ensure the safety and well-being of participating minors.
7.3 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.
7.4 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.

Billing

8.1 Access to Defeat the Beat is provided through three pricing options:

• Single-use access for a one-time payment of $19.95 AUD. 
• Multi-user, single-site access for a one-time payment of $94.95 AUD.
• Quoted payment for school districts and club associations, with pricing tailored to the specific needs of the organisation. For more details, please contact us at admin@physigames.com.au.

All options grant users access to the current version of the game as of September 22, 2024. Please note that all sales are final, and PhysiGames does not offer refunds for these one-time purchases, except where required by applicable law.

8.2 Payments can be processed via PayPal, bank transfer, or other manual methods. For arrangements, please contact us at admin@physigames.com.au.

8.3 Should we transition to a subscription model in the future, which will offer a more enhanced platform and improved user experience, users who have made a one-time payment will not be "grandfathered in" (exempted from new terms). However, we will ensure continued access to the version they originally purchased until such time as a negotiated move to the next version of the game is reached. Additionally, users may be eligible for a discount at the discretion of PhysiGames, based on the terms and conditions applicable at that time. 

8.4 All payment processing is subject to the payment processor's terms and conditions. PhysiGames is not liable for any delays, errors, or issues that may arise during payment processing.

8.5 Users are responsible for ensuring that all payment information is accurate and up to date. Any discrepancies in billing must be reported to PhysiGames within 30 days of the transaction.

User Account Security and Privacy
9.1 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.
9.2 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.
9.3 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. We actively monitor login activity in real-time, and if a suspicious pattern occurs, we will red-flag the account. In the first instance, we will contact the associated admin account to discuss and resolve any potential security concerns. If a violation of these terms is confirmed, consequences may include temporary suspension, restricted access, or termination of the account. It is the responsibility of the subscribing organisation to report any suspicious activity or potential breaches immediately. All login data will be stored securely and handled in accordance with our data privacy policy. 

Dispute Resolution
10.1 In the event of any dispute arising from these Terms or your use of the website, you agree to first attempt to resolve the dispute informally. If a resolution cannot be reached, the dispute shall be referred to mediation before pursuing any legal action.
10.2 These Terms shall be governed by and construed in accordance with the laws of [your jurisdiction]. Any disputes shall be resolved in the courts of [your jurisdiction].

Force Majeure
11.1 PhysiGames shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond PhysiGames' reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

Severability
12.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

Entire Agreement
13.1 These Terms constitute the entire agreement between the user and PhysiGames regarding the use of the site and supersede any prior agreements.

Modifications to Terms
14.1 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 acceptance of the updated Terms.

Data Privacy Policy 

15.1 We collect personal data such as names, email addresses, and payment information when users register for an account, subscribe to our services, or make a payment. We may also collect data on user interactions with the Defeat the Beat platform, such as login activity, usage patterns, and preferences.

15.2 The data collected is used to facilitate access to Defeat the Beat, monitor usage, improve service quality, manage subscriptions, process payments, and communicate with users regarding their accounts. We also use this data to ensure compliance with our Terms of Use and Conditions.

15.3  All personal data is stored on servers hosted by GoDaddy, which employs industry-standard encryption and security measures to prevent unauthorised access, disclosure, or modification. We take all reasonable steps to ensure that your data is protected from loss, misuse, or unauthorised access. However, as with any online service, absolute security cannot be guaranteed. 

15.4 We do not sell, trade, or share your personal data with third parties, except where required by law, or as necessary to provide our services (e.g., payment processing). In such cases, we ensure that these third parties adhere to strict data protection standards.

15.5 Users have the right to access, correct, or request the deletion of their personal data. To exercise these rights, please contact us at admin@physigames.com.au.

15.6 We retain your personal data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. Once the data is no longer required, we will securely delete or anonymise it.

15.7 Our website uses cookies and similar tracking technologies to enhance user experience, monitor usage, and analyse website traffic. Users can manage their cookie preferences through their browser settings.

15.8 If you are accessing Defeat the Beat from outside Australia, please be aware that your data is stored on servers located with our hosting provider, GoDaddy, which may involve data transfers to different jurisdictions. By using our services, you consent to this transfer.

15.9 We reserve the right to update this Data Privacy Policy from time to time. Users will be notified of any significant changes, and continued use of our services will constitute acceptance of the updated policy.

15.10  For any questions, concerns, or requests related to your personal data, please contact our Data Protection Officer at admin@physigames.com.au.

Contact Information
16.1 For any questions or concerns regarding these Terms, please contact us at admin@physigames.com.au.