Game Plus – Terms and Conditions

Please read through these Terms and Conditions carefully.

By applying for Membership in Game Plus, you agree to be bound by, and comply with the provisions of, these Terms and Conditions.

If your application for Membership in Game Plus is accepted, These Terms and Conditions govern the relationship between Game Plus, and you as a Member.

Operative Clauses


Your Capacity

You represent and warrant to us that:

  1. you are at least 18 years of age;
  2. you have legal capacity to enter into legally binding contracts, including agreeing to these Terms and Conditions; and
  3. if you are a company, partnership, trust, association, or any other type of entity (other than a natural person), the person applying for Membership in Game Plus on your behalf is authorised, and has all necessary powers to enter into, and bind you to, legally binding contracts or agreements, including these Terms and Conditions.

Applicability of Terms and Conditions

These Terms and Conditions (and any variation or substitution thereof) applies to govern the relationship between you and Game Plus while you are a Member of Game Plus.

Game Plus reserves the right to vary these Terms and Conditions at any time at its absolute discretion:

  1. by giving you one (1) week notice; and
  2. without the requirement to give you any explanation or justification in relation to such variations whatsoever.

By continuing to be a Member of Game Plus, and your continued use of the Services provided by Game Plus, you are deemed to have read, acknowledged and have agreed to be bound by any variation to these Terms and Conditions.


Application for Membership

An application for Membership by you is an offer by you to Game Plus to become a member of Game Plus.

Despite any eligibility criteria published or otherwise given to you by Game Plus, Game Plus may accept or reject you application for Membership at its sole and absolute discretion, and without the need to provide any explanation or justification for such acceptance or rejection whatsoever.

In addition to clause 3.2, whether Game Plus accepts your application will be subject to availability. Where Game Plus does not have the capacity to provide you with the Services selected by you in your application, Game Plus will endeavour (but without the obligation to do so), propose other Membership options which are available at the time.

Game Plus will notify you as to whether:

  1. your application for Membership has been accepted;
  2. your application for Membership has been rejected; or
  3. Game Plus requires further information from you to assess your application for Membership;

by email using the details you have provided in your application for Membership.

Your Membership will commence immediately upon Game Plus notifying you that your application for Membership has been accepted.


Your Membership

You must not transfer, assign, sub-licence, or otherwise dispose of or deal with your Membership in favour of any third party, except with the consent of Game Plus (which may be given or refused at Game Plus’s absolute and sole discretion).

You must keep your Membership details safe, secure, and you must not disclose such details to any third party, and you must not allow any third party to use your Membership details to gain access to the Services provided by Game Plus pursuant to these Terms and Conditions.

You will be responsible for any person using your Membership details to gain access to the Services provided by Game Plus pursuant to these Terms and Conditions, and you indemnify and keep indemnified Game Plus for any loss, damage, costs, expenses, Claims or Liability whatsoever Game Plus suffers or incurs arising out of, or related to, any person using your Membership details to gain access to the Services provided by Game Plus pursuant to these terms and conditions.

If you are a Company, you will be responsible for any employees using your Membership details to gain access to the Services provided by Game Plus pursuant to these Terms and Conditions, including ensuring that the employee is notified of and acts in accordance with these Terms and Conditions and the Game Plus Code of Conduct, and you indemnify and keep indemnified Game Plus for any loss, damage, costs, expenses, Claims or Liability whatsoever Game Plus suffers or incurs arising out of, or related to, any person using your Membership details to gain access to the Services provided by Game Plus pursuant to these terms and conditions.

If Game Plus has reasonable grounds to believe that you have breached any of the terms in this clause 4, Game Plus may, in its sole and absolute discretion, and without notice to you, immediately suspend, terminate or otherwise cancel your Membership.


Payment of Service Fee

In consideration for Game Plus providing you with the Services, you agree to pay the Service Fee in accordance with the appropriate Service Schedule, depending on your Membership Status.

In addition to clause 2.2, unless you are a Subscription Member on a Fixed Term, we may vary the Service Fee payable by you at our discretion by:

  1. updating the Service Fees published on the Website; and
  2. notifying you by email of the change in Service Fee at least one (1) week prior to such change;

If your Membership Status changes in accordance with clause 6, you are deemed to have agreed to the Service Fees applicable to your new Membership Status, as in force as at the time such change is effected.

Game Plus will not, under any circumstances, refund any part of the Service Fees paid by you, including but not limited to, circumstances where you have paid Service Fees, but have not used, whether in part or in full, the Services to which such Service Fees relate.


Changing Membership Status

From Standard to Subscription

If you are a Standard Member, you may apply to Game Plus in writing to change your Membership Status from being a Standard Member to a Subscription Member (whether Fixed Term or not). Game Plus may accept or reject such change request at its sole and absolute discretion, and without the need to provide any reasoning or justification of such acceptance or rejection.

Game Plus will notify you as to whether your requested change from being a Standard Member to a Subscription Member has been accepted by email, and if so, such change occurs immediately from the time Game Plus notifies you of such acceptance.

If your request to change your Membership from a Standard Member to a Subscription Member is accepted, on and from the date Game Plus notifies you that such requested change is accepted, you must pay to Game Plus the applicable Service Fee in accordance with clause 5 and the Subscription Service Schedule, as if your Game Plus Membership (as a Subscription Member) commenced on the date of such notification.

From Standard to Subscription

If you are a Subscription Member (unless you are on a Fixed Term), you may, at any time, notify Game Plus in writing that you wish to switch your Membership from a Subscription Member to a Standard Member.

Game Plus agrees that upon receiving a notice pursuant to clause 6.4:

  1. you cease to be a Subscription Member on the last day of the Subscription Period in which you gave such notice; and
  2. you immediately and automatically become a Standard Member on the day immediately following (a) above.

For the avoidance of doubt, if you cease to be a Subscription Member (pursuant to this clause 6 or otherwise), Game Plus will not refund, or otherwise provide you with a credit for, any Service Fees paid by you in accordance with the Subscription Service Schedule.


Services

We will provide you the Services, including access to the Premises:

  1. if you are a Subscription Member, during the Core Hours in each Subscription Period, until your Membership is cancelled or terminated; or
  2. if you are a Standard Member, during the Core Hours in each Usage Period you have purchased.

Game Plus will provide you with a swipe card to access the Premises during the times that you are entitled to receive the Services, in accordance with this clause 7.1.

You must pay to Game Plus a deposit of $48 (incl. GST) for the swipe card, which will be refundable upon the termination of your Membership and the return of the swipe card.

If you lose (or damage) your swipe card, you must immediately notify Game Plus. Game Plus will give you a replacement swipe card for $48 (incl. GST) (such amount may be amended at our discretion). For the avoidance of doubt, while you are a member, Game Plus must be holding $48 as a deposit in respect of the swipe card.


General Conduct

You acknowledge that you have received, or accessed, and read the Game Plus Code of Conduct.

You must at all times comply with the terms of the Game Plus Code of Conduct. You agree that a breach of the Game Plus Code of Conduct is deemed to be a breach of these Terms and Conditions, and may result in your Membership being terminated.

Game Plus may, at its sole discretion, vary the Code of Conduct at any time by giving you one (1) week written notice.

While on the Premises, you must comply with all:

  1. laws and regulations imposed by any government authority;
  2. any rules imposed by the owner of the building in which the Premises is situated
  3. any safety or hazard (including fire) procedures or regulations; and/or
  4. any reasonable directions of Game Plus;

as are applicable, or notified, to you from time to time.


Use of Premises

You must only use the Services (and the Premises) solely for office purposes.

You must not:

  1. conduct a Retail Business from the Premises, or using the Services;
  2. store any physical stock on the Premises;
  3. use the Services or the Premises:
    1. for any purpose that is illegal or unlawful;
    2. for any purpose that is not permitted by these terms and conditions;
    3. for any activity which in Game Plus’s reasonable opinion is offensive, dangerous, unlawful, or which is potentially detrimental to Game Plus’s reputation; or
    4. in any manner that may cause damage or loss to the Premises, Game Plus’s property, or that of any other members of Game Plus.

In addition to the above, you must not:

  1. install any cabling or IT or telecommunications connections at the Premises without the consent of Game Plus (which Game Plus may refuse at its sole and absolute discretion); or
  2. alter any part of the fit-out or setup of the Premises.

You must keep any area of the Premises that you use (including desks, kitchen, break-out space, boardroom, common spaces, etc) clean and tidy at all times.

You will be responsible and liable for the costs of repairing or replacing any damage or modifications caused by you to the Premises (including, for example, any holes in walls or damaged cause by you fitting or installing anything to the Premises or furniture of Game Plus), or any property of Game Plus.


Internet and Network Usage

If you exceed your allocated internet Data Allowance, Game Plus may restrict your internet speed until:

  1. you purchase additional data allowance;
  2. if you are a Standard Member, the next time you purchase Usage Period; or
  3. if you are a Subscription Member, the next Subscription Period.

You acknowledge that you have been given access to Game Plus’s ISP Conditions (via the Website), and agree to comply with all terms and conditions contained therein.

You must not participate in the creation, production, collaboration, distribution or transmission of any:

  1. discriminatory, harassing or threatening messages, images, or any other material;
  2. material or data in violation of any law;
  3. files that may damage any other person’s computing devices or software;

using the Services, or internet provided by Game Plus.

You must not use the Services, or internet provided by Game Plus, to:

  1. copy, reproduce or pirate any software, data, or electronic files, or otherwise breach or infringe upon any Intellectual Property Rights of any person or entity whatsoever;
  2. attempt to gain unauthorised access to any materials of any other person; or
  3. otherwise do, or perform any activity, that is, or may be, in breach of any law or regulation whatsoever

You acknowledge and agree that:

  1. Game Plus may, from time to time at its discretion, perform maintenance on Game Plus’s network or other facilities, which may cause disruption to your access to internet services;
  2. Game Plus is not able to provide any service level guarantees or warrantees in relation to internet services (as such services are provided by third parties); and
  3. Game Plus is not able to guarantee or provide any representations or warranties that you will have full, virus-free, access to the network and internet at all times (as these matters are affected by factors outside of Game Plus’s reasonable control);

and Game Plus will not be liable to you for any loss or damage due to any disruption to your access to internet services.

Without limiting the effect of clause 10.5, Game Plus will use its best endeavours to notify you prior to, and keep you updated, in relation to any major outages or disruptions to its internet connection or network.


Security

You are responsible for the security and protection of any property you bring into the Premises, and Game Plus will not be liable to you for any theft, loss, or damage to any such property (including any digital content or data).

Game Plus does not make any representations as to the security of Game Plus’s network or internet connection. You are responsible for adopting any reasonable security measures (e.g. encryption) you believe to be appropriate for your circumstances.

Game Plus provides basic security measures (such as lockable doors to entrances, accessible by your swipe card), and you agree not to do anything to circumvent, or which might compromise, such security measures (such as wedging doors open).

You acknowledge that Game Plus may install or otherwise employ surveillance cameras inside and outside of the premises, and agree to the recording and filming of activities within, and in the vicinity of, the Premises for security purposes.


Limitation of Liability

To the fullest extent permitted by law, Game Plus:

  1. disclaims all implied warranties and conditions as to the merchantability and fitness for purpose of the Services provided by Game Plus; and
  2. excludes, and is not responsible for, any Liability whatsoever for any loss or damage (whether under tort (negligence), contract, or otherwise), including any indirect or consequential loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial or economic loss, howsoever caused, arising from your use of the Services provided by Game Plus or your Membership.

To the extent that the Australian Consumer Law cannot be excluded, Game Plus’s Liability is limited to, at Game Plus’s sole and absolute discretion:

  1. refunding the Service Fee paid by you (in respect of the particular period where the Services are defective or insufficient);
  2. waiving the Service Fee for a subsequent period (equivalent to the particular period where the Services are defective or insufficient); or
  3. giving you a credit to be applied against future amounts payable by you to Game Plus (equivalent to the Service Fee paid by you in respect of the particular period where the Services are defective or insufficient).


Confidential Information

Through your use of the Services and the Premises, you may be exposed to Confidential Information of Game Plus, or Game Plus Members.

You must not disclose any Confidential Information, or otherwise use any Confidential Information in any way whatsoever, of Game Plus or another Game Plus member, except with the express authorisation of the person or entity who owns such Confidential Information.

Any breach or default of this clause 13 by you will give Game Plus the right to immediately terminate your Membership.


Intellectual Property

You must not do anything that may infringe, or increase the risk of infringement of, any of Game Plus or other Game Plus members’ Intellectual Property Rights.

You must not copy, reproduce, modify, incorporate, or otherwise use any Intellectual Property (including any material that is subject to copyright) of Game Plus or other Game Plus members, except with their express authorisation of the person or entity who owns such Intellectual Property.

Any Intellectual Property remains the property of its owner, and nothing in these Terms and Conditions, nor your Membership with Game Plus, may be taken as granting you any right or interest in any Intellectual Property of any other person (including that of Game Plus or any other Game Plus member).

Any breach or default of this clause 14 by you will give Game Plus the right to immediately terminate your Membership.


Indemnity

You release, indemnify and keep indemnified Game Plus from and against all costs, expenses, loss, damage, Liability, Claims and demands whatsoever suffered or incurred by Game Plus arising out of, or in connection with:

  1. you failing to comply with these Terms and Conditions;
  2. your use of the Services and the Premises; and
  3. you disclosing or using any Confidential Information, or infringing the Intellectual Property Rights, of Game Plus, other Game Plus members, or any third party.

Insurance

You use the Services and the Premises at your own risk.

Game Plus insurance policies may not extend to provide any level of cover to you, or in respect of any of your property.

Game Plus recommends that you acquire and maintain, for the term of your Membership:

  1. public liability insurance;
  2. workers compensation insurance; and
  3. personal property insurance;

as is appropriate for your circumstances.


General Acknowledgements

You agree and acknowledge:

  1. the whole of the Premises remains in Game Plus’s possession and control at all times;
  2. nothing in these Terms and Conditions (or as a result of your Membership) creates or grants to you a tenancy, leasehold estate, or any other interest with respect to real property in relation to the Premises;
  3. to the extent that it is necessary to define your interest with respect to the Premises, Game Plus only grants you a non-exclusive licence to access and use the Premises, and the facilities contained therein;
  4. in addition to (a) – (c) above, your Membership, and use of the Premises, are not affected by, and do not fall within the operation of, any Leases Legislation;
  5. nothing in these terms and Conditions (or as a result of your Membership) creates any relationship of landlord and tenant, partnership, joint venture, or any other similar relationship, between you and Game Plus; and
  6. unless otherwise expressed in these Terms and Conditions, or any other agreement or contract, you are not authorised to, and must not purport to have authority and power to bind Game Plus to any legal agreements or undertakings, or assume any Liability on behalf of Game Plus.


Privacy

You acknowledge that you have obtained a copy of, and read, Game Plus’s Privacy Policy (via the Website).

You consent to Game Plus’s storage and use of your personal information in accordance with Game Plus’s Privacy Policy.


Termination

If you are a Standard Member, either you or Game Plus may terminate your Membership, without penalty, at any time by written notice to the other Party.

If you are a Subscription Member (except if you are on a Fixed Term), either you or Game Plus may terminate your Membership at the end of a Subscription Period by giving written notice to the other Party at least 14 days before the end of such Subscription Period. If a Party gives a notice to terminate your Membership after the date required under this clause 19.2 to terminate at the end of a particular Subscription Period, your Membership will continue for one (1) more Subscription Period, and you must pay the Service Fee in relation to such further Subscription Period.

Regardless of your Membership Status, if you are in breach of these Terms and Conditions, Game Plus may, by give you written notice of such breach, and requiring you to remedy such breach within seven (7) days. If you do not remedy such breach within seven (7) days of that notice, Game Plus may immediately terminate your Membership.

Fixed Term

If you are a Subscription Member on a Fixed Term, you may request a renewal or extension of that Fixed Term at any time during that Fixed Term, but such request must be made at least one month prior to the end of such Fixed Term. Game Plus may accept or reject such request at its sole and absolute discretion.

If you are a Subscription Member on a Fixed Term, you or Game Plus may terminate your Membership at the end of such Fixed Term by giving written notice to the other Party at least one (1) month before the end of such Fixed Term, otherwise your Membership will automatically become a Subscription Membership without a Fixed Term in accordance with clause 19.6 at the end of such term, and clause 19.2 will apply.

If your Fixed Term is not renewed or extended, or terminated in accordance with clause 19.5, you will automatically become a Subscription Member without a Fixed Term at the end of such Fixed Term, and must pay the monthly Service Fees applicable to:

  1. that particular Membership Status as in force at that time; or
  2. that you were paying during the Fixed Term;

whichever is higher.

If clause 19.6 applies, on the last Payment Date before the end of the Fixed Term, we will direct debit (in accordance with the Subscription Service Schedule) and amount equal to one month of the monthly service Fees, in accordance with clause 19.6, and such debit will be applied against:

  1. Service Fees with respect to the last Subscription Period during your Subscription Membership with Fixed Term; and
  2. Service Fees with respect to the first Subscription Period during your Subscription Membership without a fixed term (pursuant to clause 19.6);

on a pro-rated basis.

For the avoidance of doubt, if your Fixed Term Subscription Membership granted you a fixed desk or fixed office, and clause 19.6 applies, you will continue to have that Fixed Term for any further period, until your Membership is terminated or varied.

Reminder

Game Plus may, but without the obligation to do so, send you a reminder that your Fixed Term Subscription Membership is close to expiring.

Effect of Termination

Termination of your Membership does not affect:

  1. any rights or obligations of you or Game Plus that have accrued prior to such termination (including, for example, your obligation to pay any Service Fees which are payable by you, and which remain unpaid); and
  2. any of your rights and obligations under these Terms and Conditions which are capable of having effect after termination, or are stated as having effect after your Membership comes to an end.

Guests

If you bring in any guests or other persons who are not members of Game Plus into the Premises, you must sign in such guest.

You are responsible for your guests’ actions while they are on the Premises, and:

  1. you must ensure that your guests complies with these Terms and Conditions, Code of Conduct, or any other reasonable direction of Game Plus (as if they are you);
  2. you will be responsible, and liable for any act or omission of your guests which contravenes or breaches any provision of these Terms and Conditions, Code of Conduct or any reasonable direction of Game Plus as if you performed such act, or made such omission; and
  3. you indemnify and keep indemnified Game Plus from all costs, expenses, loss, damage, Liability, Claims and demands whatsoever caused by, or arising out of, any of your guests
    1. not complying with these Terms and Conditions, Code of Conduct, or any other reasonable direction of Game Plus;
    2. doing any act or thing that causes any damage or loss to any part of the Premises, or property belonging to Game Plus or any other person; or
    3. entering the Premises and using the Services whatsoever.

GST

Unless expressly stated, all monetary amounts stated in these Terms and Conditions are inclusive of GST.

In relation to any taxable supply made by Game Plus to you, you agree to pay the GST applicable to such taxable supply in addition to, and at the same time, as payment of the consideration for such taxable supply.

Game Plus will provide you with a tax invoice for any taxable supply made by Game Plus pursuant to these Terms and Conditions.


Unforeseeable Event

For the purpose of this clause an Unforeseeable Event means any event or cause beyond the reasonable control of Game Plus and includes:

  1. strikes and/or lockouts (whether of their own employees or those of others and whether or not the party against whom such action is taken could have avoided the same by acceding to the demands of the employees responsible for such action);
  2. acts of God, war, fire, flood, embargo or litigation;
  3. acts of government or any agency instrumentality or any political subdivision thereof; and
  4. any disruption to network, internet, or other services or connections not caused by Game Plus.

Game Plus will not be liable, or deemed liable, to you for any failure or delay in meeting any obligation due to an Unforeseeable Event.

If Game Plus suffers an Unforeseeable Event, it will:

  1. be allowed additional time to perform its obligations under these Terms and Conditions equal to the period or periods (as the case may be) for which the Unforeseeable Event has delayed Game Plus’s performance of its obligations;
  2. use its best endeavours to avoid or remove such causes of non-performance; and
  3. continue to perform its obligations with the utmost despatch as soon as such causes have been removed.

Nothing in this clause will be construed as requiring Game Plus to settle any industrial dispute.


Notices

All notices will be sent by email.

A notice sent by email will be deemed to be received email, at the time and on the day shown in the sender’s transmission report, if it shows that the whole notice was sent to the person’s email address last notified.

You must ensure that Game Plus has been provided with your current email address at all times.


Jurisdiction

These Terms and Conditions are governed by the laws of the Australian Capital Territory

You irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

You may not object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.


Whole Agreement

These Terms and Conditions embody the whole agreement between you and Game Plus relating to the subject matter of these Terms and Conditions and supersedes any and all oral and written negotiations and communications between you and Game Plus.

Subject to clause 24.3, you:

  1. have relied on your own enquiries in deciding to agree to these Terms and Conditions; and
  2. have not relied on any warranties, representations, or statements of any kind in deciding to agree to these terms and Conditions.

Clause 24.2 does not apply to the warranties and representations expressly given under these Terms and Conditions.


Severability

If all of any part of any provision of these Terms and Conditions is invalid or unenforceable, then:

  1. that provision is severed from these Terms and Conditions to the extent necessary to remove the invalidity or illegality; and
  2. the remaining provisions of these Terms and Conditions remain valid and enforceable.

Survival of Certain Terms

The terms of these Terms and Conditions which are capable of having effect after your Membership ends continue to have full effect, including clauses in relation to:

  1. protection of confidential information;
  2. guarantees, warranties and indemnities; and
  3. obligations to make good or return property.

Interpretation

In these Terms and Conditions, unless the contrary intention appears:

  1. a reference to these Terms and Conditions or any instrument includes any variation or replacement of any of them;
  2. a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
  3. a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
  4. the singular includes the plural and vice versa;
  5. words of one gender include any gender;
  6. headings do not affect the interpretation of these Terms and Conditions;
  7. reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
  8. reference to a thing (including a right) includes a part of that thing;
  9. if a Party comprises two or more persons:
    1. reference to a Party means each of the persons individually and any two or more of them jointly;
    2. a promise by that Party binds each of them individually and all of them jointly;
    3. a right given to that Party is given to each of them individually; and
    4. a representative, warranty or undertaking by that Party is made by each of them individually;
  10. a provision must not be construed against a Party only because that Party prepared it
  11. a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
  12. if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
  13. another grammatical form of a defined expression has a corresponding meaning;
  14. the word “include” is used without any limitation;
  15. the rights, duties and remedies in these Terms and Conditions operate to the extent that they are not excluded by law; and
  16. examples are descriptive only and not exhaustive.

General Definitions

Unless the context otherwise requires:

  1. Add-Ons means the additional services that you may apply for (and if approved, Game Plus will provide to you), in return for additional Service Fees, in accordance with the applicable Service Schedule.
  2. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  3. Business Day means a day except a Saturday or Sunday or other public holiday.
  4. Claim means any claim, suit, action, demand, or right.
  5. Code of Conduct means Game Plus’s code of conduct as published on its Website, and amended or varied from time to time in accordance with the terms of these Terms and Conditions.
  6. Confidential Information means any information:
    1. which you obtain through your use of the Services, the Premises, or as a result of your Membership of a confidential nature from any person or entity; and
    2. which a person or entity indicates, in writing, as being confidential in nature;
    3. but does not include

    4. information that is generally available in the public domain; or
    5. information already known by you prior to receiving the information.
  7. Consequential Loss includes all forms of indirect loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial and economic loss, howsoever caused.
  8. Core Hours means the Core Hours specified pursuant to the appropriate Service Schedule.
  9. Data Allowance means the amount of internet data you may utilise during a particular Subscription Period or Usage Period, as specified in the appropriate Service Schedule.
  10. Fixed Term in relation to a Subscription Member, means the term specified in that member’s application to become a member (as accepted), specifies that the term of that Subscription Member’s Membership will continue for a set period of time from the commencement of such Membership, pursuant to the Subscription Service Schedule.
  11. Game Plus means the Academy of Interactive Entertainment Limited t/a Game Plus (ABN 51 084 159 437.
  12. GST has the meaning given in the GST Act.
  13. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  14. Intellectual Property means all existing or future species of industrial and intellectual property, whether registered or unregistered, registrable or not:
    1. as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention; or
    2. recognised by any statute or any principle of law or equity,
    3. including copyrights, patents, designs, trade marks, circuit layout rights, confidential information, trade secrets and the right to register all such intellectual or industrial property rights.

  15. Intellectual Property Rights means all rights arising from any statute, or principle of law or equity in relation to Intellectual Property.
  16. ISP Conditions means the service agreement between Game Plus and the internet service provider who is supplying internet connection to the Premises, which is published on the Website, or otherwise notified to you.
  17. Leases Legislation means:
    1. Leases (Commercial and Retail) Act 2001 (Australian Capital Territory);
    2. Retail Leases Act 1994 (New South Wales);
    3. Retail Leases Ace 2003 (Victoria);
    4. Retail & Commercial Leases Act 1995 (South Australia); and
    5. any similar acts, statutes or legislation in any other State or Territory of Australia;
      including any subordinated legislation or regulations related to such acts, statutes or legislation, and any amendments or substitutions thereof.
  18. Liability means responsibility for any loss (either direct or indirect), damage, or expense and includes liability for Consequential Loss.
  19. Membership means being a member of Game Plus, and having access to Game Plus’s services in accordance with the terms of these Terms and Conditions.
  20. Membership Status means the type of Membership a person holds, and includes:
    1. Standard Membership;
    2. Subscription Membership without a Fixed Term; and
    3. Subscription Membership with a Fixed Term.
  21. Party means a person or entity who executes this Agreement.
  22. Parties mean all the persons or entities who execute this Agreement.
  23. Pass means a day or week pass that a Standard Member has purchased to gain access to, and be provided with, the Services, in accordance with the Standard Service Schedule.
  24. Payment Date means the day in each month that Game Plus will process direct debits for Service Fees in relation to Subscription Memberships, as specified in the Subscription Service Schedule.
  25. Premises means the premises specified in the appropriate Service Schedule.
  26. (z) Privacy Policy means Game Plus’s privacy policy, as published on its Website, and amended or substituted from time to time.
  27. Retail Business means an enterprise of selling goods or delivering services to customers or clients face to face, but does not include, for example, selling software or other goods or delivering goods, electronically.
  28. Service Fee means the fee(s) payable by you to Game Plus in consideration for the performance of the Services pursuant to the applicable Service Schedule (including any Add-Ons, as is applicable).
  29. Service Schedule means:
    1. the Standard Service Schedule (which applies to Standard Members); and
    2. the Subscription Service Schedule (which applies to Subscription Members).
  30. Services means the services Game Plus will provide to you pursuant to the applicable Service Schedule, in consideration for you paying the applicable Service Fee (including any Add-Ons, as is applicable).
  31. Standard Membership means a Membership where the member has agreed to pay Service Fees, and receive Services, in accordance with the Standard Service Schedule; and Standard Member means a person who holds, and is bound to, such Subscription Membership.
  32. Standard Service Schedule means the Service Schedule which applies to Standard Members, annexed hereto and marked “A”.
  33. Subscription Service Schedule means the Service Schedule which applies to Subscription Members, annexed hereto and marked “B”.
  34. Subscription Membership means a Membership where the member has agreed to pay Service Fees, and receive Services, in accordance with the Subscription Service Schedule, and Subscription Member means a person who holds, and is bound, to such Subscription Membership.
  35. Subscription Period means the period:
    1. in relation to Subscription Memberships without a Fixed Term:
      1. commencing on the date your Membership commences, and ending on the date immediately preceding the first Payment Date after your Membership Commences; and
      2. thereafter, commencing on a Payment Date, and ending on the date that is immediately preceding the next Payment Date;
    2. in relation to Subscription Memberships with a Fixed Term:
      1. commencing on the date your Membership commences, and ending on the date immediately preceding the first Payment Date after your Membership Commences; and
      2. thereafter, commencing on a Payment Date, and ending on the date that is immediately preceding the next Payment Date; and
      3. the last Subscription Period will commence on the last Payment Date before the Fixed Term is to expire, and ends on the last day of the Fixed Term.

    as the case requires from time to time.

  36. Terms and Conditions means these terms and conditions, and any annexures or schedules to it, and any document or material stated or expressed as forming part of these Terms and Conditions, or affecting the relationship between you and Game Plus in relation to your Membership.
  37. Usage Period (in relation to Standard Members), means the period of time that you have purchased Passes for, in accordance with the Standard Services Schedule.
  38. Website means Game Plus’s website, being www.gameplus.com.au
  39. You, Your, etc means you, being the applicant for membership or member, as the case requires.