The Property Tycoon game (“Property Tycoon”) is owned and operated by Ratemyagent.com Pty Ltd ACN 169 103 299 (“Digital Castle Pty Ltd”) of Level 1, 118-120 Balmain St, Cremorne, VIC 3121.
The use of Property Tycoon is governed by the following terms and conditions, as amended from time to time. By using Property Tycoon you acknowledge that you have read and understood these terms and conditions and agree to be bound by them. If you do not agree with these terms and conditions (including any amendment to them) you should immediately cease using Property Tycoon. Ratemyagent.com Pty Ltd may modify these terms and conditions without notice. By continuing to use Property Tycoon after these terms and conditions have been modified, you acknowledge that you have read and understood the modified terms and conditions and agree to be bound by them.
1. ONLINE CONDUCT
Property Tycoon is intended for personal use only. Users shall use Property Tycoon for lawful purposes only. Any statement or opinion that a person other than Ratemyagent.com Pty Ltd expresses on the Property Tycoon is his or her own and does not represent Digital Castle Pty Ltd's views or opinions. You agree that Ratemyagent.com Pty Ltd shall be neither responsible nor liable for any statement, or opinion expressed by you or any other person on the Property Tycoon. Ratemyagent.com Pty Ltd reserves the right to delete, move or edit content on Property Tycoon for any reason, at any time.
2. REGISTRATION FOR GAMES
To have access to 'Property Tycoon', you must register in Property Tycoon. When and if you register to become a member, you agree to provide accurate information about yourself as prompted by the appropriate registration form. You acknowledge that if any inaccurate information is provided by you, Ratemyagent.com Pty Ltd may terminate your use of Property Tycoon. As part of the registration process, you will be asked to select a username and password. Ratemyagent.com Pty Ltd may refuse to grant you a username that impersonates someone else, is or may be illegal, in which another person may have intellectual property rights, is vulgar or otherwise offensive, may cause confusion, or is already in use by another user of Property Tycoon, as determined by Ratemyagent.com Pty Ltd at its sole discretion. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that are conducted through your username in Property Tycoon.
3. USER PRIVACY
4. USER INPUT
You grant to Ratemyagent.com Pty Ltd a non-exclusive, perpetual and irrevocable royalty free license to copy, adapt, publish, communicate to the public and otherwise use all or any part of the materials, information or ideas provided directly or indirectly by you through Property Tycoon ("Information"). You warrant that you are entitled to grant such rights to Digital Castle Pty Ltd, and agree to indemnify Ratemyagent.com Pty Ltd if any third party takes action against Ratemyagent.com Pty Ltd in relation to Information you provide. All Information received from you shall be deemed to be non-confidential.
6. COPYRIGHTS AND TRADEMARKS
Property Tycoon is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned by Digital Castle Pty Ltd, which reserve all rights. Except for the direct purpose of viewing, printing, accessing or interacting with Property Tycoon for your own personal use or as otherwise indicated in Property Tycoon or in these terms and conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of Property Tycoon, or incorporate any part of Property Tycoon without Digital Castle Pty Ltd's consent. Property Tycoon also includes registered and unregistered trademarks, which are owned by Ratemyagent.com Pty Ltd or other parties. Except to the extent that it is expressly indicated in these terms and conditions to the contrary, your access to or use of Property Tycoon does not constitute or create a license or any other right to use the name, trademarks or any other intellectual property of Ratemyagent.com Pty Ltd or any other party whose intellectual property appears in Property Tycoon.
7. USER INDEMNITY
You agree to defend, indemnify and hold harmless Ratemyagent.com Pty Ltd and their respective affiliates, agents, employees, directors, interest holders, officers and suppliers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including legal fees and disbursements) arising out of or relating to: (i) breach of your obligations under these terms and conditions, (ii) the placement by you of a link to Property Tycoon in any e-mail, or (iii) your use of Property Tycoon or participation in any activities arising from partaking in the Property Tycoon game, including but not limited to, its online games and competitions. Such indemnity shall include any costs and expenses incurred by Ratemyagent.com Pty Ltd in any actions taken to enforce this indemnity.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
This disclaimer of liability applies to any damages or injury caused by any act or omission of Ratemyagent.com Pty Ltd or any of their respective officers, agents, employees or content providers, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of data, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You acknowledge that neither Digital Castle Pty Ltd, nor any of their officers, agents, employees or content providers will be liable for any defamatory, offensive or illegal conduct of any user of Property Tycoon. You agree that you use Property Tycoon entirely at your own risk. Property Tycoon, its content and any related services are provided without express or implied representation or warranty of any kind. Ratemyagent.com Pty Ltd specifically disclaim any and all warranties, including without limitation: (a) any warranties concerning the availability and accuracy of content, information, products or services; and (b) any warranties of merchantability or fitness for a particular purpose. Notwithstanding anything else in these terms and conditions, where any Act of Parliament implies any term, condition, representation or warranty into these terms and conditions and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, Digital Castle Pty Ltd’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant goods or services again. Neither Ratemyagent.com Pty Ltd nor any of their agents, officers, employees or content providers shall be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with your use of Property Tycoon or your inability to gain access to or use Property Tycoon or its content.
Ratemyagent.com Pty Ltd reserves the right to revise the content of, amend links from, or withdraw access to Property Tycoon at any time without notice or liability to you. Your membership of Property Tycoon, your ability to participate in all or certain parts of Property Tycoon, or your ability to access Property Tycoon may be terminated at any time without notice, and without any liability to you. Any indemnities given by you and limitations on Digital Castle Pty Ltd’s liability will survive such termination.
These terms and conditions constitute the entire agreement in relation to your use of Property Tycoon and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ratemyagent.com Pty Ltd with respect to Property Tycoon. If any provision of these terms and conditions is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in full force and effect.
11. TIME FRAME
Competitions run by Ratemyagent.com Pty Ltd will run for 12, 13 or 14 weeks, depending on whether it is Summer, Autumn, Winter or Spring. This information will be available on the Property Tycoon Facebook page
12. COMPETITION ENTRY
Entry into competitions run by Ratemyagent.com Pty Ltd are open to all Australian residents, including but not limited to employees, family and friends of Ratemyagent.com Pty Ltd and its related companies. To enter into Ratemyagent.com Pty Ltd competitions, entrants must be registered users of the Property Tycoon game.
13. PRIZE DETAILS
Prize winners of Property Tycoon competitions are selected at Level 1, 118-120 Balmain St, Cremorne, VIC 3121, on the specified competition judging date. Winners are contacted by email or mail within 5 business days of selection and may be announced via the Property Tycoon Facebook page.
Unless expressly stated, all other expenses become the responsibility of the winner.
If any prize is unavailable, for whatever reason, Ratemyagent.com Pty Ltd reserves the right to substitute the prize for a prize of equal or greater value.
If for any reason a winner does not take the prize or an element of the prize by the time stipulated by Property Tycoon, then the prize or that element of the prize will be forfeited.
All prize winners agree to the use of their name, address and suburb for publicity and competition purposes, without compensation.
Ratemyagent.com Pty Ltd shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.
As a condition of accepting the prize, the winner (and his/her companion – where applicable) must sign any legal documentation as and in the form required by Ratemyagent.com Pty Ltd and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Ratemyagent.com Pty Ltd accepts no responsibility for any variation in the value of the prize (or part thereof).
Digital Castle Pty Ltd, their associated agencies and companies associated with this competition take no responsibility for prize damage or lost in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the prize.
Each entrant's personal information ("PI") is collected to enable Ratemyagent.com Pty Ltd to administer and promote this Competition and the winner. The PI of winners may be provided to third parties who are assisting the Promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by Digital Castle Pty Ltd, at its sole discretion to be ineligible to win a prize. Errors and omissions may be accepted at Digital Castle Pty Ltd’S discretion. Failure by Ratemyagent.com Pty Ltd to enforce any of its rights at any stage does not constitute a waiver of those rights.
If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Digital Castle Pty Ltd, which corrupt or affect the administration security, fairness or integrity or proper conduct of this competition, Ratemyagent.com Pty Ltd reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or to cancel, terminate, modify or suspend the competition. In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; Ratemyagent.com Pty Ltd may in its absolute discretion cancel the event and recommence it from the start on the same conditions at a later date.
Apple is not a sponsor of any of Digital Castle Pty Ltd’s competitions nor is Apple involved in any activity relating to the competitions run by Digital Castle Pty Ltd.