StarPlay – Terms and Conditions
Last updated: 30th January 2019
These Terms and Conditions (the Terms) set out the terms and conditions under which you may access the StarPlay social gaming platform and play the games located on the platform (the Platform) and under which The Star Entertainment Online Pty Ltd ABN 68 608 159 422 (The Star Online, we, us and our) will make the Platform available to you.
These Terms form a legally binding contract between you (you and your) and The Star Online.
Please read these Terms carefully before continuing registration. By clicking the "I Accept" button, or otherwise accepting these Terms by using or accessing the Platform, you acknowledge that you have read, understand and agree to follow and be bound by these Terms.
If you do not agree with any of the provisions of these Terms, you must not use the Platform and you must immediately cease accessing and using the Platform. We recommend that you print or save a local copy of these Terms for your own records.
The Star Online may need to update, modify or replace any or all of these Terms from time to time, subject to the terms of clause 12. If you do not agree to any change to the Terms, you may terminate these Terms in accordance with clause 14.
- Subject to your ongoing compliance with these Terms, The Star Online will make available to you an Account associated with the Platform in order to:
- play social games; and
- perform such other functions as may be notified by The Star Online to Users from time to time.
- You acknowledge and agree that not all of the functionality contemplated in clause 1.1(a) or otherwise advertised by The Star Online may be available to you. Additionally, the Platform functionality that will be available to you may vary according to:
- whether or not you have an Account;
- the location at which you access the Platform; and
- the method in which you access the Platform (i.e. whether on a mobile phone, portable device or through a desktop or laptop computer).
- Any new features or tools which are added to the Platform from time to time (including under clause 9) will also be subject to these Terms.
- Although the Platform features social games that may seem alike to on premises casino games, the social games do not in any way operate, or provide outcomes, in a manner similar to on premises casino games. The Star Online makes no representation and gives no warranty that the social games operate in the same manner to the way similar games may perform when played in a physical environment.
- StarPlay is integrated with The Star Club, a membership based program that is made available by The Star Club Properties. The Star Club has its own terms and conditions of use which you will be bound by, and must comply with, upon becoming a member of The Star Club. The Star Club terms are available here: https://www.thestarclub.com.au/terms-conditions which may be amended from time to time.
- As at the date of these Terms, only users located in New South Wales, Queensland or Victoria are permitted to access the Platform. You acknowledge that The Star Online may take measures to prevent access to the Platform (or specific functionality within the Platform or particular parts of the Platform) from locations other than those from which access to the Platform is permitted (e.g. through the use of geoblocking). You also acknowledge that The Star Online may, from time to time and at its sole discretion, change the:
- functionality of the Platform; and/or
- the location from which the Platform (or parts of the platform) may be accessed.
- You must not:
- attempt to access the Platform from a location other than those from which access to the Platform is permitted; or
- disguise the geographic position from which you access the Platform (e.g. through the use of a virtual private network (VPN)).
2. Registration and Your Account
In order to register an Account and access the Platform, you must:
- be eighteen years of age or older;
- possess the legal right and ability to enter into a legally binding agreement with The Star Online;
- not be an employee of The Star Entertainment Group Ltd or a Related Body Corporate of The Star Entertainment Group Ltd;
- not be an Excluded Person; and
- warrant and undertake to access and use the Platform in accordance with these Terms.
- Joining StarPlay is free of charge. To create a StarPlay account you may either use your existing account with The Star Club or, if you are not a member of The Star Club, create a stand-alone registered account on the Platform (Account). If you are not a member of The Star Club or do not register an Account, certain aspects and functionality of StarPlay may be limited and/or unavailable to you. If you are a member of The Star Club (whether a full member or unverified) but create a stand-alone Account you will not subsequently be able to link your Account to your membership with The Star Club
- To create an Account, Users are required to provide personal details to The Star Online throughout the login process. Prior to the finalisation of registration, and before any transactions are made (including but not limited to purchases and redemptions) The Star Online will verify the information (including the Personal Information) that has been provided by the User. Such verification may be undertaken by a third party contractor. You warrant that the details that you provide to The Star Online when registering an Account are true and accurate.
2.3 Your Account
- A limit of one Account per person applies.
- A person's Account is effective from the time and date the Account is created (being such time when a Member ID and password is issued). The Star Online has sole discretion to approve or reject any application for an Account for any reason.
- If your Account is approved, The Star Online will provide you with a Member ID and password.
- At all times, you are responsible for maintaining control over, and access to, your Account. This includes access to your Account (by any person including any minor) via:
- any mobile device on which the Platform's App has been downloaded and your Account has been accessed; or
- any web browser on which your Account has been accessed.
- You must keep secure and maintain the confidentiality of your login credentials and must not allow or authorise any other person to use the login credentials. To the maximum extent permitted by law, The Star Online will not be liable for any Loss arising out of or in connection with any failure to maintain the security of your login credentials. You must immediately notify The Star Online of any suspected or actual unauthorised use of your login credentials on your Account.
- You are responsible for any and all activities that occur under your Account or using your login credentials, whether or not authorised by you. Without limiting the foregoing, you accept full responsibility and liability for any person under the age of eighteen that may access the Platform due to your failure to adequately protect your Member ID and/or password. You also accept all responsibility and liability associated with anyone underage accessing the Platform as a result of your failure to adequately lock your mobile device or protect the confidentiality of your passcode (or password) on your mobile device or computer (as applicable).
2.4 Guest access
Subject to you complying with the eligibility requirements under clause2.1 , if using a mobile device, you may also be able play StarPlay as a guest without the need to open an Account. No Personal Information or password is required to play StarPlay as a guest, however, your device will be identifiable.
3. Using the Platform
3.1 General Use
- Subject to your ongoing compliance with these Terms, The Star Online grants you a right to access and use the Platform during the Term.
- The availability of the Platform on an App is dependent on the third party from which you obtain the App (the App Store). Each App Store may have its own terms and conditions which you agree to comply with, and your use of the Platform using an App is conditional on your compliance with any such terms and conditions.
- The Platform is made available to you for your personal, non-commercial use only. You must not:
- access or use the whole or any part of the Platform, except as expressly authorised by these Terms, or otherwise with the prior written consent of The Star Online;
- modify, adapt or amend the Platform, or permit any third party to modify, adapt or amend the Platform;
- copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or any part of the Platform;
- at any time do or cause to be done any act or thing contesting or in any way impairing any of The Star Online's, or The Star Online's third party service providers', Intellectual Property Rights, including removing or obscuring any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the Platform;
- modify The Star Online's intellectual property (or any intellectual property of The Star Online's third party service providers) or merge all or any part of such intellectual property with any other intellectual property, other than for the purposes of these Terms or as directed by The Star Online;
- circumvent any mechanisms in the Platform intended to limit a User's use of or access to areas within or components of the Platform;
- solicit the login information of, or access an Account belonging to, another User;
- facilitate or encourage any violations of these Terms;
- vary, alter, modify, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, or directly or indirectly allow or cause a third party to vary, alter, modify, interfere with, reverse disassemble, decompile or reverse engineer or obtain or derive the source code from, the whole or any part of the Platform or otherwise attempt or allow any other party to attempt to obtain the algorithms by which the Platform performs functions, except as permitted by Law;
- use any data mining, gathering or extraction tools in connection with the Platform; or
- sub-licence, rent, sell, lease, distribute or otherwise transfer the Platform or any part of it (in whole or in part) except as expressly permitted under these Terms.
- You must notify The Star Online immediately if you become aware of any unauthorised use, or suspected unauthorised use, of your Account.
3.2 Acceptable use
You must not make, or permit any, use of the Platform in a way which:
- involves anything which is false, defamatory or obscene;
- involves the sending of unsolicited electronic messages;
- would involve the contravention of any person's rights (including Intellectual Property Rights);
- may offend any Laws;
- involves any fraudulent or misleading activity;
- impersonates, or attempts to impersonate, any person other than yourself;
- in The Star Online's sole discretion is, or could be construed as, cheating with respect to the games located on the Platform, or otherwise not abiding by the spirit of the games;
- involves the sale or promotion of any illegal business activities or prohibited products or services; or
- may otherwise be regarded by The Star Online at its sole discretion and on any grounds to be unacceptable (The Star Online may from time to time notify you of circumstances which it regards as unacceptable) but when it does so, that does not limit the generality of this sub-clause.
4. Stars, Coins and rewards
- The Platform includes a virtual, in-game currency called Coins. The sole purpose of Coins is to facilitate gameplay on the Platform and Coins have no value other than to facilitate gameplay on the Platform. Coins can only be used on the Platform and cannot be used for any other purpose outside of the Platform.
- Coins may be:
- allocated to you by The Star Online (at its sole discretion) at no cost to you. The Star Online may allocate Coins to you for any reasons including gameplay;
- purchased by you for "real world" money;
- purchased by you for Casino Dollars if you are a member of The Star Club; or
- purchased by you for Stars. Note that this functionality may only be available to you when accessing the Platform through an internet browser and not through an App.
- Coins may not be:
- transferred into or exchanged for "real world" money;
- transferred into or exchanged for Casino Dollars;
- transferred into or exchanged for Stars; or
- exchanged into something of monetary value or anything else of real world value.
- Prices and availability of Coins are subject to change without notice.
- Other than a limited, personal, revocable, non-transferable, non-sub-licensable licence to use the Coins on the Platform during the Term, you have no right or title in or to any such Coins appearing or originating on the Platform, or any other attributes associated with use of the Platform or stored within the Platform (including, without limitation, Stars).
- You may purchase Coins for "real world" money:
- if accessing the Platform using an iOS App, from the Apple App Store;
- if accessing the Platform using an Android App, from the Google Play Store or applicable Android App Store; and
- if otherwise accessing the Platform using an internet browser, through the Payment Method.
- You agree that, when you purchase Coins on the Platform, the amount is payable in advance and the sale is final. No refunds will be provided other than at The Star Online's sole discretion.
- If you are a member of The Star Club, you may use your existing Casino Dollars to purchase Coins.
- We may adjust your Coins if they incorrectly accrue in your favour or on the suspension, cancellation or termination of your Account without prior notice. In any other circumstance, we may cancel or adjust your Coins at any time on reasonable prior notice.
- Stars may be allocated to you by The Star Online (at its sole discretion) for accessing and using the Platform. You should note that Stars will not be allocated to you through gameplay (including successful gameplay) and the number of Stars you receive is in no way associated with, or dependent on, your gameplay.
- Stars will be allocated to you upon the purchase of Coins for "real world" money. The amount of Stars to be allocated to you as a consequence of the purchase of Coins will be notified to you immediately prior to such purchase.
- Stars can only be redeemed for Partner Products through the Redemption Station.
- If not otherwise redeemed for Partner Products, all of your Stars will expire on the date which is 90 days following the last date on which you were allocated a Star under this clause 4.2.
- We may adjust your Stars if they incorrectly accrue in your favour or on the suspension, cancellation or termination of your Account.
4.3 Transfer and gifting
- The transfer of Coins or Stars by a User is strictly prohibited unless otherwise approved by The Star Online, at its sole discretion. Outside of the Platform, you may not buy or sell any Coins or Stars for "real world" money or otherwise exchange them for items for value.
- Any attempt to do so is strictly forbidden and in violation of these Terms and may result in a lifetime ban from the Platform and possible legal action. The Star Online may, from time to time and in its sole discretion, allow you to gift Coins or Stars to other Users.
- The Star Online may, at its sole discretion, choose to transfer, gift or re-award Stars. Without limitation, this may include in circumstances where a User has made a genuine mistake when creating an Account and is required to create a new Account with accurate details for the purposes of redeeming Stars.
4.4 Redemption Station
- Stars may be redeemed for Partner Products through the Redemption Station accessible through the Platform.
- Users redeem Stars at their own discretion. The Star Online does not give any warranty or make any representation in relation to:
- the nature and type of Partner Products available at any time through the Redemption Station; or
- the underlying value of any Partner Product other than the face value of the Eligible Voucher denominated in Australian Dollars.
- Without limiting a User's rights under the Australian Consumer Law, once a User has redeemed Stars for a Partner Product through the Redemption Station it cannot be cancelled or amended by the User or exchanged by the User for different Partner Products.
- To the full extent permitted by Law, The Star Online shall not be liable in any way for any Partner Products which are unavailable, including as a result of a technical malfunction, operator fault, misrepresentation for which we are not responsible or any other reason outside our control.
- All money amounts quoted for Partner Products:
- are in Australian Dollars (AUD) and include Goods & Services Tax (GST) where applicable;
- are exclusive of credit and debit card service fees; and
- include delivery charges, unless otherwise stated.
4.5 Delivery and use of Eligible Vouchers
- Unless otherwise stated at the time of redemption or agreed by us, Partner Products in the form of Eligible Vouchers will be delivered via email to the email address provided upon registration and addressed to the User.
- Eligible Vouchers claimed by a User will be accessible by that User within the Platform. Users may:
- digitally access their Eligible Voucher through their web browser or the Platform's mobile application; or
- print their Eligible Voucher from the Platform (when accessed via a web browser).
- Eligible Vouchers ordered by a User through the Redemption Station are conditional upon that User ensuring that the Eligible Voucher is not used by any person other than that User, unless otherwise permitted by The Star Online in writing. You may be required to verify your identity and entitlement to the Eligible Voucher in order to use it. The Star Online may allow the transfer of Eligible Vouchers at its sole discretion. Where the Eligible Voucher relates to a group booking or activity, the User who ordered the Eligible Voucher must be included in that group and participate in the utilisation of that Eligible Voucher, unless otherwise permitted by The Star Online in writing.
- are to be redeemed with the Partner specified on the Eligible Voucher; and
- must be redeemed by the expiry date shown on the Eligible Voucher. An Eligible Voucher cannot be used after that time and a User will not be reimbursed or re-credited any amount in circumstances where a User does not use an Eligible Voucher prior to its expiry date.
- If the User is a member of The Star Club and the User has redeemed Stars for an Eligible Voucher that relates to any of The Star Club Properties, that Eligible Voucher will be automatically loaded on The Star Club membership card of that User.
- Eligible Vouchers cannot be exchanged for money and will not be replaced if stolen, lost, damaged, destroyed or otherwise altered after delivery to the User.
- All Eligible Vouchers will have an issue date and an expiry date. It is your sole responsibility to ensure that the Eligible Voucher is redeemed prior to the expiration date of any Eligible Voucher. The Star Online will not be liable for any loss suffered in connection with your failure to redeem an Eligible Voucher by its expiry date, and The Star Online is not obligated to replace your Eligible Voucher or refund the Stars which were redeemed for the Eligible Voucher in the event you do not redeem an Eligible Voucher by the expiry date.
4.6 Partner Products
- The Star Online partners with third party suppliers and manufacturers, including The Star Club Properties, who are able to provide Partner Products to Users in connection with the redemption of Stars through the Redemption Station (Partners).
- The redemption of Stars through the Redemption Station for Partner Products amounts to a request by a User to The Star Online to manage the process under which a Partner is directed by The Star Online, us or its contractors, to supply a Partner Product to that User. The Star Online supplies the opportunity for Users to obtain a Partner Product from Partners and The Star Online's obligations are limited to procuring that opportunity.
- A Partner Product may be supplied subject to its specific terms and conditions, including matters as to a User's eligibility, which will be communicated on or prior to the time that Stars are redeemed for that Partner Product. Users should ensure that they are familiar with and understand the terms and conditions applied by Partners in respect of Partner Products before redeeming Stars for those Partner Products through a Redemption Station. By redeeming Stars for a Partner Product you agree to comply with such specific terms and conditions applying to that Partner Product.
- Partner Products are not supplied or manufactured by The Star Online and The Star Online makes no commitment regarding the availability of particular Partner Products to be supplied to Users. Without limitation, The Star Online cannot guarantee the availability of particular Partner Products to meet any order.
- Warranties, if any, in relation to Partner Products are provided by the third party supplier or manufacturer to those Partner Products and not by The Star Online. To the extent permitted by law, The Star Online does not accept liability for defects in quality or the condition of goods or services and make no claims or warranties in relation to Partner Products.
- Should a User have any claim regarding the quantity, quality or otherwise of a Partner Product, the User should direct that claim to the supplier or manufacturer of that Partner Product in accordance with the warranty information provided (if applicable).
- Any contracts The Star Online may have with Partners in relation to Partner Products are personal to The Star Online and are not for the benefit of, or enforceable by, Users.
- You may be required to verify your identity and entitlement to the Partner Product in order for delivery to occur.
- The Star Online accepts all Payment Methods listed on the Platform, as updated or amended from time to time.
- Where any payment that you make is not authorised by your credit card or bank provider, your purchase of Coins will not be processed.
- The Star Online uses third party merchant facilities to process payments. Accordingly, The Star Online is not responsible for, and does not have any control over, any third party merchant facilities. You acknowledge and agree that to the maximum extent permitted by Law, The Star Online will not be liable for any loss or damage arising out of any use of a third party payment gateway. You should read and understand the terms of the third party merchant facilities before using them.
- If purchasing Coins through the iOS or Android application, the terms and conditions of the Apple App Store, Google Play (or such other Android application store), as applicable, will apply to the purchasing of such Coins. This may include, for example, the prices for Coins displaying in the local currency of the App Store, Google Play (or such other Android application store) in which your mobile device was registered.
6. Third Party Material
You acknowledge and agree that:
- the Platform may contain content and information drawn from a variety of third party sources. You acknowledge that The Star Online does not endorse, is not liable for and makes no representation or warranty in respect of any such content or information (Third Party Material), including in respect of the accuracy, completeness, timeliness or continued availability of such Third Party Material. To the maximum extent permitted by Law, The Star Online disclaims all liability for such Third Party Material; and
- the links to third party websites or other information sources that are contained in the Platform may not remain current or be maintained.
7. Social media interaction
- The User agrees to comply with the Social Media Code of Conduct.
- Improper use of social media associated with the Platform or a breach of the Social Media Code of Conduct may lead to suspension or termination of the User's Account in accordance with clause 14 and the blocking of the device associated with the activity.
8. Responsible Social Gaming
- In accessing the Platform, you agree to establish personal limits regarding any period of time in which you choose to engage with the Platform. You also agree to take regular breaks.
- The Star Online encourages you to not let use of the Platform interfere with your daily responsibilities and you should not play any social games on the Platform under the influence of alcohol or other substances.
- You may self-exclude yourself or suspend your Account at any time by making this request through the customer support portal located within the Platform.
9. Upgrades and Enhancements
- The Star Online may from time to time introduce additional features to the Platform or to your Account including any features dependent upon other services or software, or may make changes to the tools and features of any part of the Platform or an Account including to the availability of tools and features to certain Accounts.
- The Star Online will use its best efforts to provide you with reasonable prior notice before removing any material feature of the Platform unless security, legal, system performance or Third Party Licence considerations or obligations require an expedited modification or removal.
- By creating an Account, you consent to The Star Online and its Related Bodies Corporate using your Personal Information to promote and market their products and services, promotions and upcoming events (including for example by way of direct mail and email, telemarketing, targeted digital advertising, SMS, MMS messages, and notifications and alerts to your mobile device). If at any time you no longer want to receive such marketing or promotional offers from The Star Online or any of its Related Bodies Corporate, you may simply opt out by changing your communication preferences using the account settings functionality located within the Platform. You also consent to The Star Online displaying your first name and initial of your surname on leader boards, tournaments and other competitions.
- how your Personal Information is collected, used, disclosed, protected and handled; and
- how to access and seek correction of your Personal Information.
- The Star Online may collect your Personal Information, including personal information provided when registering your Account, your location information, information regarding your interaction with the Platform and the services, your setting, and information contained in third party queries in connection with your use of the Platform or the services, in order to:
- provide you with, and improve and enhance, the Platform and the services, including (without limitation) to find your nearest location(s);
- register, administer and maintain your Account;
- interact with, and process transactions with regard to, your account with The Star Club; and
- The Star Online may not be able to permit you to hold an Account or provide you with access to some or all of the Platform if you do not consent to The Star Online and its Related Bodies Corporate using your Personal Information. You consent to The Star Online and its Related Bodies Corporate making such services available to you in this way and you acknowledge that The Star Online and its Related Bodies Corporate may use and disclose your Personal Information to offer you services (including those made available on or via the Platform).
- Some of the third parties described in clause 10(g)(a) above may be entities located outside of Australia (including but not limited to Greentube Internet Entertainment Solutions GmbH, BlueBat Games Inc., Greentube Malta Limited, FUNSTAGE Spielewebseiten Betriebsges.m.b.H). By entering into this Agreement you:
- acknowledge and agree that you have been informed by The Star Online that Australian Privacy Principle 8.1 does not apply to the disclosure of your Personal Information by The Star Online to any overseas recipient; and
- consent to such disclosure after having been so informed.
- This clause 10 will survive termination.
11. Intellectual Property
You acknowledge that The Star Online owns or licenses all rights, title and interest in The Star Online Marks, The Star Online Materials and the Platform (including Intellectual Property Rights in The Star Online Marks, The Star Online Materials and the Platform and any improvements to them), and that these Terms do not transfer ownership of any such right, title or interest of The Star Online or any third party.
- The Star Club Properties own or license all rights, title and interest in The Star Club and in all brands, trade marks, designs, logos and names of The Star Club Properties and these Terms do not transfer ownership of any such right, title or interest of The Star Club Properties or any third party.
11.2 Grant of licence
- The Star Online grants you for the Term a non-exclusive, non-transferable, non-sub-licensable licence to use and access the Platform in accordance with the Terms.
- All other use, reproduction or redistribution of the Platform or any part of it is prohibited (except to the extent permitted by Law) and may result in civil and criminal penalties.
This clause 11 survives termination of the Agreement for whatever reason.
12. Amendment to these Terms
- The Star Online may need to update, modify or replace any or all of these Terms from time to time by posting an updated version at https://www.thestarclub.com.au/star-play-terms.
- Where a revision materially alters any obligation imposed on you, The Star Online will use all reasonable efforts to notify you of such revisions using the email address provided upon your registration.
- You are responsible for checking the section of the Platform where these Terms are published for any changes to these Terms. Your continued use of, or access to, the Platform following the posting of any changes to these Terms will be deemed to constitute acceptance of those changes. If you do not agree to any update to these Terms you may terminate these Terms in accordance with clause 1314 and must immediately stop using the Platform.
These Terms will apply to you when you agree to them (either by clicking 'I agree' or when you first access and/or use the Platform in accordance with clause 2.1) and will continue to apply to you in full force and effect until terminated in accordance with clause 14 (Term).
- You can terminate these Terms as they apply to you for any reason at any time by closing your Account. The Star Online will be notified of your termination of your Account. Upon terminating your Account, all Coins and Stars will be immediately forfeited.
- The Star Online may immediately and without notice to you:
- terminate these Terms as they apply to you or suspend your access to all or any part of the Platform and/or any services provided exclusively through the Platform; and
- prevent your further access to all or any part of the Platform and/or any services provided exclusively through the Platform,
- you are, or become, an Excluded Person;
- you breach any provision of these Terms;
- your actions have brought The Star Online or The Star Online's reputation into disrepute;
- The Star Online, at its sole discretion, determines it is necessary to do so due to any regulatory or legal obligation or action;
- the suspension or termination is necessary to maintain the security of the Platform;
- the suspension or termination is necessary to mitigate against misuse of Personal Information, Data or Intellectual Property Rights; or
- any other event occurs which The Star Online, acting in its sole discretion, determines warrants suspension or termination of the Account.
- The Star Online may terminate these Terms for convenience and without any penalty by providing you with thirty (30) days' notice including (but not limited to) if The Star Online intends to permanently cease providing the Platform.
15. Consequences of termination
- On expiration or termination of these Terms for any reason:
- the rights granted to you in respect of the Platform terminate and you must immediately stop using the Platform;
- your Account will be deactivated and your Data may be deleted; and
- all Coins and Stars will be forfeited.
- You acknowledge that to the maximum extent permitted by Law, The Star Online will have no liability to you or any other person arising out of the termination of these Terms for any reason.
- This clause is subject to any rights you may have under the Australian Consumer Law including the consumer guarantees.
- You acknowledge and agree that, to the maximum extent permitted by Law (including the Australian Consumer Law if applicable), The Star Online makes no representations, warranties or guarantees about the Platform, including that it will be reliable, available, secure, complete, up-to-date or of a certain quality, or that it will operate in combination with any other hardware, software, system, or data, or that it is free from defects, bugs, viruses, errors or other harmful components.
- To the maximum extent permitted by Law (including the Australian Consumer Law if applicable), access to the Platform is provided "as is" and The Star Online disclaims any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.
- The Star Online shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of The Star Online.
17. Indemnity by You
- You shall defend, hold harmless and indemnify The Star Online and its Related Bodies Corporate and Personnel (The Star Indemnified Parties) from and against any Loss suffered or incurred by The Star Indemnified Parties arising out of or in connection with:
- any data or information (including Personal Information) disclosed by you in connection with these Terms; or
- a breach by you of these Terms.
- The parties acknowledge and agree that The Star Online has been irrevocably appointed to act as sole and exclusive agent of The Star Indemnified Parties for the purposes of recovering (whether through court proceedings or otherwise) the Losses of The Star Indemnified Parties and enforcing the indemnities.
- This clause 17 survives termination of these Terms for whatever reason.
18. Limitation of Liability
- To the maximum extent permitted by Law, The Star Online excludes all liability whatsoever arising directly or indirectly out of these Terms or otherwise at Law. This exclusion includes liability for any indirect, special, economic, punitive, exemplary or consequential loss or damage suffered or incurred by you or any other person (including without limitation, death, injury, loss of or damage to data, loss of revenue, profits, goodwill or opportunities) arising from the use of the Platform or the services whether caused by our negligence or otherwise, and whether or not we were aware or should have been aware of the possibility of such loss or damage.
- The Star Online acknowledges that you have certain rights under consumer guarantees in the Australian Consumer Law, and nothing in these Terms excludes, restricts or modifies:
- the application of any consumer guarantee in the Australian Consumer Law (Consumer Guarantee) or any similar provision in the law of any State or Territory which cannot be excluded, restricted or modified (Similar Provision);
- the exercise of any right conferred by any Consumer Guarantee or Similar Provision; or
- The Star Online's liability under any Consumer Guarantee or Similar Provision.
- The limitations and exclusions in this clause 18 shall apply whether the action, claim or demand arises from breach of contract, tort (including negligence) or under any other theory of liability.
- This clause 18 survives termination of these Terms for whatever reason.
- Subject to clause 19, a party giving notice or notifying under these Terms must do so in English and in writing:
- in the case of The Star Online, addressed to the following email address email@example.com or, in your case, to the person and address supplied upon registration of your Account or as altered by amending the Details in your Account; and
- hand delivered or sent by prepaid post to that address.
- For the purposes of service messages and notices about the Platform, The Star Online may send an email from The Star Online to an email address associated with your Account, or may provide a notice on your Account, even if The Star Online has other contact information. You acknowledge and agree that The Star Online shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Platform.
- A notice given in accordance with this clause is taken to be received:
- if sent by email under clause 19(b), at the time of sending the email;
- if posted on your Account under clause 19(b), at the time of posting.
- Any issues you may have with respect to support or gameplay must be directed to the customer support portal located within the Platform.
- You must not sub-license, assign, or attempt to sub-license or assign, any right arising out of these Terms without The Star Online's prior written approval which may be withheld at its complete discretion. The Star Online may assign or subcontract all or part of these Terms to any other party.
- Nothing in these Terms gives a party any right to bind the other party in contract or otherwise at law, or hold itself out as a representative of the other party.
- Each party must take all steps as may be reasonably required by the other party to give effect to these Terms and transactions contemplated by these Terms.
- These Terms as may be updated from time to time pursuant to clause 12, contain the entire agreement between the parties with respect to its subject matter and supersedes any oral or written prior agreement, representation or understanding relating to these Terms.
- These Terms may be executed in multiple counterparts and by electronic means.
- You acknowledge that in entering into these Terms you have not relied on any representation or warranties about its subject matter except as provided in these Terms.
- No delay, neglect or forbearance on the part of any party in enforcing against any other party any obligation under these Terms will operate as a waiver or in any way prejudice any right under these Terms.
- If any provision of these Terms is held to be invalid, illegal or unenforceable, the Terms will continue otherwise in full force and effect apart from such provision which will be taken to be deleted.
- These Terms are governed by the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in that state.
21. Definitions and Interpretation
The following definitions apply unless the context requires otherwise:
Account has the meaning given to that term in clause 2.2(a).
Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Casino Dollars means an on-property currency of The Star Club Properties that can be redeemed for selected play on compatible electronic gaming machines, selected table games (excluding Texas Hold'em and Omaha Poker), hotel stays or food and beverage.
Coins means credits which allows you to enjoy the benefit of gameplay on the Platform.
Data means any and all data or other material input, entered or added to the Platform by or on behalf of you, or at your request and includes any Details.
Details means your personal details, contact details and such other details required to be completed in order to create an Account.
Eligible Vouchers means Partner Products in the form of gift cards or vouchers.
Excluded Person means an individual that has been excluded from any properties of The Star Club Properties or any part thereof.
Intellectual Property Rights means any and all intellectual property rights including patent, copyright, trademark (registered and unregistered), designs and any other rights of a like nature subsisting or conferred by law in force in any part of the world.
Law and Laws means all applicable laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct and standards, writs, orders, injunctions and judgments.
Loss means any claim, loss, liability, cost or expense (including legal expenses on a full indemnity basis).
Partner has the meaning given to that term in clause 4.6 of these Terms.
Partner Products means Products supplied by a Partner to a User.
Payment Method means the payment methods offered by The Star Online through the Platform, including payment by credit card, as may be updated or amended from time to time.
Personal Information means data or opinions about an identified individual, or an individual who may be reasonably identifiable.
Personnel means in respect of a person any employee, member, volunteer, contractor, servant, agent, or other person under the person's direct or indirect control and includes any sub-contractors.
Privacy Act means the Privacy Act 1988 (Cth), as amended or replaced from time to time.
Products the merchandise, products, goods, services and Eligible Vouchers that are available to Users, from time to time, through the Redemption Station upon the redemption of Stars..
Redemption Station means the area on the Platform that Users access in order to redeem Stars.
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).
Stars means credits which are awarded to a User at the sole discretion of The Star Online for interacting with the Platform that can be redeemed for Partner Products through the Redemption Station.
Social Media Code of Conduct means social media code of conduct as it relates to the use of StarPlay as notified and amended by The Star Online from time to time.
Term has the meaning given to that term in clause 13.
The Star Club means the membership program operated by The Star Club Properties, described at the following link: https://www.thestarclub.com.au/terms-conditions.
The Star Club Properties means The Star Pty Limited trading as The Star Sydney and The Star Entertainment QLD Limited trading as The Star Gold Cost and Treasury Brisbane.
The Star Online Marks means the brands, trade marks, designs, logos or names of The Star Online.
The Star Online Materials means any documentation, guides and other materials provided or made available by The Star Online to a User from time to time.
Third Party Licence means any licence, registration or other authorisation that is required to enable The Star Online to provide, and you to properly access and use, the Platform.
Third Party Material has the meaning given to that term in clause 6(a).5(a).
User means any user of the Platform.
Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.
- the singular includes the plural and conversely;
- the gender includes all genders;
- where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- a reference to a person includes any body corporate, unincorporated body or other entity and conversely;
- a reference to a clause is to a clause of these Terms;
- a reference to any party to these Terms or any other agreement or document includes the party's successors and permitted assigns;
- a reference to any agreement or document (including a reference to these Terms) is to that agreement or document as amended, notated, supplemented, varied or replaced from time to time, where applicable, in accordance with these Terms or that other agreement or document;
- a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;
- a reference to conduct includes, any omissions, statement or undertaking, whether or not in writing;
- a reference to includes, means includes without limitation; and
- all references to $ are to Australian dollars, unless otherwise specified.