GameDay Squad Terms and Conditions Last Updated 6 March 2024 1.GameDay Squad GameDay Squad is a fantasy sport platform and digital asset marketplace owned and operated by NFT Australia Group Pty Ltd ACN 649 452 933 (we/us/our). GameDay Squad (our Platform) allows users to purchase, collect, earn, sell and trade digital assets in the form of player cards that feature exclusive design and content associated with current and former sportspeople (Player Cards). These Player Cards can then be utilised to build teams to compete in fantasy sports leagues. These terms and conditions (Terms) set out the basis on which we offer you access to our platform (collectively, Platform). 2.Acceptance and Variation (a)By accessing, registering a user account or using the Platform you agree to be bound by these Terms. If you do not agree to these Terms please exit the Site and/or Application and do not proceed to access it in any way. (b)We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and/or Application and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site and/or Application at any time, without liability or further notice to you. (c)Any amendments to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Site and/or Application after the “Last Updated” date will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us. 3.Account set up and security 3.1Account creation and set up requirements (a)You must create an account on our platform to purchase, collect, earn, sell and trade Player Cards and compete in our fantasy sports leagues. (b)To create an account you must: (i)Provide a valid email address and create a password; or (ii)Sign in to GameDay Squad using a valid Google account; or (iii) Sign in to GameDay Squad using a valid Apple account. (c)To create an account you must also: (i)Accept these Terms; and (ii)Create a unique username that is not already in use by another user. 3.2Your account By registering an account, you agree to: (a)not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Site and/or Application; (b)not transfer or provide access to your account to someone else; (c)provide accurate and complete registration information upon creation of your account; (d)maintain the security of your user identification, password and personal information and any other confidential information relating to your account; (e)notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password; (f)take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your password, informing the police (where appropriate) and contacting your financier; and (g)update and keep your personal information relating to your account accurate, including but not limited to with respect to your email address, residential address, postal address, date of birth, and any other contact or personal information that we may require upon creation of your account. 3.3Communications (a)When engaging with the Platform, making an order or sending information to us, you are communicating with us electronically. By making such electronic communications you consent to receiving communications (including legal notices) from us electronically. (b)We may communicate with you by: (i)email to any email address that you have provided; (ii)by posting notices on the Site and/or Application; or (iii)by any other means set forth in any of our Policies. 4.Cards and Competitions 4.1Player Cards (a)Each collectable Player Card represents a Digital Asset. (b)Player Cards are comprised of Artwork and statistics associated with the player which can be updated to indicate historical player performance within the Platform. Player cards can be purchased, sold, traded or otherwise earnt through the Platform. 4.2Competitions (a)Competitions involve users creating their own team of Player Cards, based on actual sports games, seasons, tournaments and leagues (Sporting Events). Each users completed team of Player Cards is submitted as an entry to a Competition in opposition of other users’ teams. (b)You acknowledge that competitions are an inherent game of skill which relies on the user’s knowledge of the Sporting Events and individual player performances. (c)The outcome of the Competitions within the Platform are based on real-time Sporting Events and statistical data. Statistical data is collected from third-party service providers. We rely on the accuracy and completeness of these providers and do not ourselves warrant the accuracy of the statistical data. (d)You can earn prizes for competing and winning Competitions based on the finishing position of the user in weekly and seasonal competitions. 5.Purchasing, selling and trading cards Our Platform allows you to purchase, sell and trade Player Cards through GameDay Squad packs or our digital asset marketplace. The purchase, transfer or sale of specific Player Cards may only be performed using the digital asset marketplace. 5.1Purchase Users can purchase Player Cards in GameDay Squad packs which are listed for sale on the Platform. Within each GameDay Squad pack, Player Cards are randomly allocated and assigned to you upon purchase of a pack. 5.2Digital Asset Marketplace (a)The digital asset marketplace (our Transfer Market) allows for users to list individual Player Cards either: (i)for sale at a fixed price; (ii)for sale in a timed auction; or (iii)for trade with other user’s Player Cards and/or personal funds as consideration. (b)Where a user lists a Player Card for sale, another user may enter into an agreement to purchase the Player Card, in accordance with these Terms and for the price listed on the Platform. (c)Where a user lists a Player Card to trade, another user may enter into an agreement to obtain the Player Card as agreed by the first user in accordance with these Terms. (d)Upon a sale or trade, ownership of the relevant Player Card/s will transfer to the intended recipient. (e)Listings on the Platform must: (i)be made only in relation to a Player Card owned by you; (ii)include accurate and complete information about the Player Card; and (iii)not be deceptive or misleading. 5.3Transactions and fees (a)You can use your account wallet to purchase Player Cards using your credit card or pre-loaded funds. (b)A seller of a fixed price Player Card must list the price of the Player Card in Australian Dollars (AUD). (c)Upon acceptance of the listing price and commencement of the sale transaction, the total sale price for the Player Card shall be payable by the purchaser. (d)You agree that all transactions on the Platform are final and binding and that you will not be able to cancel sale or trade following the transaction. (e)We rely on third-party platforms to process payment transactions for the purchase and sale of Player Cards. You acknowledge that access to the marketplace is dependent on the continued provision of services by these third-party providers and is subject to their terms and conditions. (f)You agree to take responsibility for all purchasers and charges resulting from use of your account and/or payment methods, including unauthorised use prior to you notifying us of such use. 6.Competitions and Leaderboards 6.Your use of our Platform and participation in competition leagues is governed by the terms presented within ‘Official Rules: GameDay Squad Season 2024’, which is presented in Annexure A and can be accessed using the following link https://www.gamedaysquad.com.au/rules-of-gameplay 6.1Distinction between fantasy sports game modes (a)Once a user creates an account, that user will have the option to access our Australian Rules fantasy sports game mode (as well as other spotting codes). (b)Each game mode has a different start and finish date, number of weekly rounds played, and requires a different number of Player Cards to field a team. These details are confirmed within Annexure A - ‘Official Rules: GameDay Squad Aussie Rules Season 2024’. (c)We reserve the right to make any changes to any fantasy sports game mode without notice to users. 6.2Distinction between Competitions (a)When users field a team, the rarity of each individual Player Card will determine that Player Card’s contribution to the user’s team salary amount. This aggregate salary amount will determine the user’s eligibility to enter Competitions featured within our Platform. (b)GameDay Squad Aussie Rules fantasy sports game mode offers two competitions for users to enter: (i)A Classic competition - Whereby users can only field teams whose aggregate salary amount is equal to or below a predefined salary threshold; and (ii)An Champion competition - Whereby a user’s eligibility into the competition is not influenced by a predefined salary threshold. Users who have entered the Classic competition are currently able to compete within the Classic and Champion competition. Users who have entered the Champion competition are currently only able to compete in the Champion competition. The predefined salary thresholds will be disclosed by GameDay Squad on our Platform and may be subject to change. 6.3Private competition leagues (a)On our Platform, Users may be able to enter and compete in private competition leagues that are created and managed by third parties and/or individual Users. (b)By entering any private competition league, you agree to be bound by the specific terms and conditions which relate to the relevant private competition league and acknowledge that the third party and/or individual user who creates and manages the private competition league may be responsible for setting these terms. (c)We are not responsible or liable in any way for any losses or damages users may face as a result of their participation in any private competition leagues. Users who enter into a private competition league do so at their own risk and will be subject to the specific terms and conditions which relate to the relevant private competition league. (d)We do not guarantee the legitimacy, existence, accuracy, completeness or validity of any information relating to prizes which users may obtain as a result of their performance and/or participation in any private competition leagues. (e)By using our Platform you acknowledge and agree that we shall not be responsibly or liable in any way for any losses or damages which you may suffer as a result of entering a private competition league, including but not limited to the failure to receive any previously promised prizes. (f)Users who enter private competition leagues will remain eligible for and continue to enter the capped and/or open competition leagues in conjunction with item 6.2 (b). 6.36.4Leaderboards (a)Leaderboards will display the weekly and/or seasonal performance of users’ performance in competitions. (b)Users may be able to access and/or view other users’ teams through leaderboards. This remains subject to change and users will be notified in advance of any changes to this. (b)Game Day Squad receives its stats from a third-party provider and cannot guarantee the accuracy or completeness of the information provided. Game Day Squad is not responsible for any technical errors, omissions, or miscalculations that may occur because of using the third-party stats. Users acknowledge that leaderboard standings and points are subject to change due to updates in the third-party stats. Game Day Squad considers points final, but they are subject to confirmation from the Chief Information Officer (CIO) of Game Day Squad 7.Account Wallets, Deposits of Funds and Withdrawals of Funds 7.1Depositing funds into GameDay Squad account wallet (a)Users can deposit funds into their account wallet via credit and/or debit card purchases and in-app purchases. (b)The time taken for deposited funds to appear in a user’s account wallet may vary depending on the payment method chosen. (c)Users must adhere to the minimum and maximum deposit limits as outlined within our Platform. 7.2Withdrawing funds from GameDay Squad account wallet (a)Users currently do not have the ability to withdraw funds from their account wallets to a bank account of their choosing. We intend to establish this functionality in the future. Users will be notified once this functionality is in place. (b)When users have the ability to withdraw funds from their account wallets, users must adhere to the minimum and maximum withdrawal limitswithdrawal limits as outlined within our Platform. (c)In the event of any withdrawal errors, we will investigate and take appropriate action to resolve the issue. However, (c)(d) we will not take any responsibility or reimburse users where user error (incorrect bank account details, invalid withdrawal instructions) is the sole cause of loss of funds. 7.3Custody of user funds and digital assets (a)We maintain custody of all user funds and digital assets, up until the point in time where funds and/or digital assets are withdrawn from our Platform. (b)User funds and digital assets are securely stored in segregated accounts. We will take all reasonable measures to ensure the security of user funds and digital assets. 8.Prizes 8.1Eligibility to win a prize The following users are welcome to participate, but are not eligible to win or obtain any cash prizes for their performance within and/or involvement with GameDay Squad: (a)Users who are younger than 18 years of age; (b)(a)Our management personnel, our employees and contractors to NFT Australia Group Pty Ltd ACN 649 452 933 or any management personnel, employees and/or contractors to any of our related entities; (c)(b)Members of the immediate family of such management personnel, employees and/or contractors; and 8.2Types of prizes and amendments to prizes (a)We offer both weekly and overall season prizes to certain users who access and use our Platform. (b)We reserve the right to amend and/or remove prizes without notice to users. Any changes to the prizes will be communicated to users in a timely and transparent manner. 8.3Prize winner notification and receipt of prizes (a)Winners of prizes will be notified via email shortly after winning their claim to a specific prize. (b)Where prizes are awarded in the form of monies, funds will be deposited into the user’s account wallet. (c)Where prizes are awarded in the form of GameDay Squad packs or Acquired Cards, users will receive instructions via email detailing how to obtain their prize. (d)In the event of a tie between users who have won a prize, the prize will be shared equally among the tied users. (d)The parent or guardian who consents to a user younger than 18 years of age accessing our Platform must consent to receiving any prizes on behalf of that user if and/or when that user is notified that they are to be awarded a prize. (e)GameDay Squad reserves the right to publicly announce prize winners and any prizes received for promotional purposes via live video stream or on their website or app. (e)(f)Game Day Squad will award prizes to the winners of each competition based on the final scores as determined by the Chief Information Officer (CIO) of Game Day Squad. Payment of prizes will be made 14 days after the end of the competition, subject to there being no challenges to the final scores. Once payment has been made, the final score for that competition will be considered final and binding, and Game Day Squad will not be liable for any errors or inaccuracies in the scores, stats, or calculations. Users acknowledge that technical errors, omissions, or miscalculations may occur, and Game Day Squad will not be liable for any losses or damages that result from such errors. 8.4Tax considerations and other liabilities (a)We are not responsible for any taxes or tax implications which may be applicable as a consequence of a user receiving a prize. We advise all users consult their tax advisors prior to engaging with our Platform in any way. (b)We are not responsible for any losses suffered or liabilities incurred by users which may have arisen as a result of that user’s use of our Platform. 9.Intellectual Property and ownership In this clause, these terms have the following meaning: “Intellectual Property Rights” means all intellectual property rights of whatever nature including all rights conferred under statute, common law or equity, including all copyrights, patent rights, trade mark rights (including any goodwill associated with those trade mark rights), design rights and trade secrets together with any documentation relating to those rights but does not include moral rights. “Purchased Card” means a Player Card that you have acquired through a purchase on the Site and/or Application or trade on the Transfer Market. “Acquired Card” means a Player Card that you have earnt as a result of winning a competition. “Artwork” means the artwork, design, graphics or drawings contained on the Player Card. “Platform Materials” means the information and documentation contained within the Site and/or Application, including its coding, imagery, wording, design, graphics and logos 9.1Ownership of cards (a)You own the underlying Digital Asset in a Purchased Card, including the ownership rights to sell or trade your Purchased Card within the Platform. (b)You have a worldwide, perpetual, exclusive and transferable right to use, copy and display the Purchased Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card. (c)You have a worldwide, perpetual, exclusive and transferable right to use, copy and display the Acquired Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card. 9.2Artwork (a)You acknowledge and agree that all right, title and interest in the Artwork vests with us. Nothing in these Terms transfers any ownership of the Artwork to you. (b)Subject to your compliance with these Terms, you are granted a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy and display the Artwork of your Purchased Card or Acquired Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card or Acquired Card. 9.3Ownership of Platform (a)You acknowledge and agree that all right, title and interest in the Platform Materials are owned by us or granted to us under licence and are protected under the Copyright Act 1968 (Cth). Nothing in these Terms transfers any ownership or licences use of the Platform Materials to you. (b)You may only retain copies of information on the Platform if it is obtained incidentally to your viewing and if kept only for your own personal reference. (c)You acknowledge and agree that you are not granted any right or licence to any of our Platform Materials, trade marks as displayed on the Platform, or the trade marks of any third party displayed on the Platform. 9.4Third party Intellectual Property Rights (a)You acknowledge and agree that some materials in the Platform, Player Cards and Artwork may be subject to third-party Intellectual Property Rights and subject to license or restrictions. (b)We will obtain the necessary licenses for any third-party intellectual property so that its limitations and conditions does not interfere with your anticipated use of the Player Card. 9.5Restrictions You must not: (a)modify or alter the Player Card or Artwork in a Player Card in any way; (b)use the Player Card or Artwork to advertise or market a produce or service; (c)use the Player Card or Artwork in any way which would infringe the Intellectual Property Rights of us or a third party; (d)use the Player Card or Artwork other than for personal use; (e)attempt to acquired additional Intellectual Property Rights in a Player Card. 9.5.1 Account Management and Suspensions a. Suspension and Deletion: Game Day Squad reserves the right to suspend or delete any user account that is suspected of gaming, abusing, or violating our terms and conditions. This includes but is not limited to accounts that engage in fraudulent activities, create fake or multiple accounts, or attempt to manipulate the system. b. Fraudulent Transactions: Game Day Squad may reverse any suspected fraudulent transactions, regardless of whether they are ultimately determined to be innocent. Users engaging in such activities may be subject to account suspension or deletion. c. Withdrawal Restrictions: Game Day Squad may impose withdrawal restrictions, including setting a withdrawal limit, which may vary based on user account status. For example, an account may be required to be verified for a certain period, e.g., three (3) days, before making a withdrawal request. d. Prize Payment Delays: Game Day Squad reserves the right to delay prize payments for any reason, at its sole discretion. 9.5.2. Account Deletion and Asset Handling a. Deletion of Accounts: In the event that an account is deleted or suspended, Game Day Squad may take the following actions: i. Forfeiture of Account Assets: Any virtual assets, winnings, or bonuses associated with the account may be forfeited upon account deletion or suspension. ii. Data Retention: Game Day Squad may retain user data and account information for a reasonable period after account deletion, in accordance with our Privacy Policy and applicable laws. iii. No Transfer of Assets: Users understand and agree that account assets, including virtual currency or prizes, cannot be transferred to another account or individual. iv. Intellectual Property: Any content, trademarks, or intellectual property created by the user while using the platform may be retained by Game Day Squad for marketing or promotional purposes, even after account deletion. b. Account Reactivation: Game Day Squad may, at its discretion, reactivate a suspended account, but any restrictions or forfeitures imposed during suspension may remain in effect. c. User Responsibility: Users are responsible for ensuring the accuracy and completeness of their account information and keeping their login credentials secure. Game Day Squad is not liable for any losses or damages incurred as a result of account suspension or deletion. By using the Game Day Squad platform, you acknowledge that you have read, understood, and agreed to these updated terms and conditions. Game Day Squad reserves the right to modify these terms at any time, and users are responsible for regularly reviewing them for updates. 10.Use of platform and conduct 10.1Permitted use (a)You agree that you are only authorised to use the Site and/or Application for the following activities: (i)viewing our Services, Player Cards or Platform; (ii)conducting research on our Services, Player Cards or Platform; (iii)purchasing our Services, Player Cards or Platform; (iv)conducting investigations with respect to our business; (v)retrieving our contact details and communicating with us; (vi)reviewing our policies; or (vii)otherwise transacting with us. (b)You must not use any part of the Site and/or Application for any commercial purposes (other than transacting with us). 10.2Prohibited conduct You acknowledge and agree that you will not: (a)register for more than one account, create an account on behalf of someone else, create an account on behalf of a commercial entity or create a false or misleading identity on the Site and/or Application; (b)communicate directly or collude with other users to create any advantage deemed unfair or manipulate the values of Player Cards; (c)use any automated processes or means to access the Site and/or Application; (d)use any software or manual repetition that will or is likely to interfere with the Site and/or Application; (e)use the Platform to perform any unlawful, fraudulent or immoral activities; (f)use the Platform or your account to introduce any harmful content, including viruses, malicious code or Trojan horses; (g)transfer your account or give access to it to another person without prior notification and approval from us; (h)modify, attempt to decompile, cross compile, disassemble, reverse engineer, or use any other means to discover the source code, object code or underlying structure, ideas, know-how or algorithms of the Platform or any of its components; (i)create or register a security interest or encumbrance over any Player Card owned by you; (j)attempt to cause stress or detriment to the proper working of the Site and/or Application, such as by: (i)acting in any way likely to cause an unreasonable strain to the infrastructure of the Site and/or Application; (ii)reloading or refreshing transaction pages more than once every 5 seconds; or (iii)requesting any page of the Site and/or Application more than 1000 times in aggregate in a 24 hour period; (k)otherwise engage in any activities which would breach any of these Terms; or (l)assist any person, entity or device to do any of the prohibited conduct in this clause 7.3. 10.3Age requirements All users of the Site and/or Application must be 18 years of age, or older, to make an order on the Site and/or Application or to create a user account on the Site and/or Application. Users who are younger than 18 years of age must obtain parental or guardian consent before creating an account. The parent or guardian who consents to a user younger than 18 years of age accessing our Platform is solely responsible for that user’s conduct on our Platform. We will not be held liable or responsible for any losses of damages incurred by users younger than 18 years of age and/or that user’s parent or guardian which result from that user’s conduct on our Platform. 10.4Geographical restrictions All users who reside in Australia and/or New Zealand will have access to our Platform. Geographical access restrictions may apply to users who reside in other countries or jurisdictions, and users are responsible for verifying their eligibility to access the platform. 11.Breach of conduct (a)If you violate these Terms in any way, we may in our sole discretion and without notice to you: (i)take any legal action we have available against you; (ii)terminate or take control of your account; (iii)confiscate and/or take control of any Purchased Cards and/or Acquired Cards; (iv)block your use of the Site and/or Application; (v)restrict your ability to make future orders; and (vi)disclose information about you and your use of the Site and/or Application for investigation by any enforcement body for your unlawful activity. (b)You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing its expenses and in such a case irrevocably consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation. (c)Where your violation of these Terms or any of our Policies causes damage, loss or expense to us, to the fullest extent permissible by law, you indemnify us against any such damage, loss or expense suffered or incurred. (d)If we are required to terminate your account, block your use of the Site and/or Application or restrict your ability to make orders through the Site and/or Application as contemplated in clause (a), you hereby release and hold us harmless from all damage, loss, expense, cost or liability that you may suffer as a result of such conduct. 12.Data protection and privacy (a)Please ensure you have read our current policies (Policies), which includes our Privacy Policy. (b)Our Policies govern the processes and procedures to be followed by you and by us with respect to the activities set out in each of the respective Policies. (c)We reserve the right to modify, alter, amend or withdraw any part of our Policies at any time, without liability or further notice to you. Your continued interaction with us following a change taking place to a Policy, will indicate your acceptance of any alteration, withdrawal or amendment made by us to our Policies. (d)We may from time to time adopt additional policies that will govern other interactions and transactions with you. All newly adopted Policies will be displayed on the Site and/or Application. (e)You agree that you will: (i)comply with your obligations and accept our rights under each of the Policies; (ii)from time to time review each of our existing Policies for variations; and (iii)promptly review any newly adopted policy and comply with your obligations set out within that policy. 13.Risk 13.1User’s risk (a)We will use reasonable care and skill to ensure that the Site and/or Application is free from defect and harmful code. (b)With regard to any device you choose to use as a means to access the Site and/or Application, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for your device. (c)We will not be held liable for any losses or damage caused by your use of the Site and/or Application, whether directly or indirectly, suffered yourself or by a third party, and your use of the Site and/or Application is entirely at your risk. 13.2Volatility of Digital Asserts You acknowledge and agree that: (a)Digital Assets and blockchain technologies as assets are inherently volatile and subjective in nature; (b)the value and liquidity of Digital Assets may be subject to fluctuations based on market demand, external factors and subjective criteria outside of our control; (c)fluctuations in the value of other blockchain technologies may affect the value of Digital Assets purchased or acquired through the Platform; (d)the Platform and its contractors may be subject to risk of fraud, cyberattacks and other technological difficulties which may prevent access to or use of Digital Assets. You acknowledge the inherent risks of failure in the hardware and software supporting blockchain technology; (e)You acknowledge and agree that we are not responsible for disruptions or failures caused by third party service providers that we engage with to deliver our services through the Platform; and (f)Regulation of blockchain technology is uncertain and future regulatory schemes or policies within Australia may adversely affect access, use and value of the Platform and your Digital Assets. 13.3Third party sites (a)The Site and/or Application may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites and do not endorse any aspect of these third-party services. Such links are provided for convenience and interest only. You use these Linked Sites entirely at your own risk. (b)We urge all our Site’s users to carefully review each Linked Site’s privacy policies and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from the Site and/or Application, you are entering a separate agreement with that third party, and expressly agree that we are not a party to or interested in that transaction. (c)You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 14.Disclaimers (a)You acknowledge internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software. Accordingly, our Platform is delivered on an “as is” and “as available” basis. (b)NFTs are intangible digital assets that exist only by virtue of the ownership record maintained in a blockchain network. Any transfer of title in relation to an NFT, occur through a smart contact on the decentralised ledger within a blockchain network, over which we have no control. We make no guarantees or promises with respect to smart contracts. (c)Whilst all due care has been taken in providing the information on the Platform, we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose relating to the Site and/or Application. (d)To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. (e)We undertake all due care with any information which you may provide when accessing the Site and/or Application and to preserve such information in a secure manner and in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Site and/or Application is entirely at your own risk. (f)From time to time we may host third party content on the Site and/or Application such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them. 15.Limitation of liability (a)We will not be held liable for any loss, consequential loss or damages caused by your use of the Platform, whether directly or indirectly, nor will we be liable for any damages suffered by you as a consequence of your use of any website linked to or from the Platform. (b)We reserve the right to refuse any order without giving reason. In the event of order cancellation, we will make all reasonable attempts to contact you using the details you have provided. (c)All monies received by us for an order that has been cancelled will be fully refundable to you unless otherwise specified in these Terms or at the time of your purchase. 16.Indemnity You will at all times indemnify and keep us indemnified along with our respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of, your use of the Platform or any breach of these Terms by you. 17.General 17.1Interpretation In interpreting this document: (a)headings are for convenience only and will not affect interpretation of this Agreement; (b)words in the singular include the plural and words in the plural include singular, according to the requirements of the context; (c)a reference to legislation or other law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them; (d)a reference to any of the words "include", "includes" and "including" is read as if followed by the words "without limitation"; and (e)terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or the Corporations Act 2001 have the meaning given in that Act, unless the context otherwise requires. 17.2Jurisdiction (a)This Agreement is governed by the law in force in the State of Queensland, Australia. (b)Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement. (c)Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland, Australia. (d)We reserve the right to make any changes to the Site and/or Application and these disclaimers, terms and conditions at our sole discretion. 17.3Force majeure We will not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay: (a)is caused by a circumstance not within our reasonable control; and (b)could not have been reasonably avoided, prevented or circumvented. 17.4Waiver The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by written notice signed by the party to be bound by the waiver. 17.5Severability Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which will remain in force. GameDay Squad - Rugby League Terms and Conditions Last Updated 6 March 2024 1.GameDay Squad GameDay Squad is a fantasy sport platform and digital asset marketplace owned and operated by NFT Australia Group Pty Ltd ACN 649 452 933 (we/us/our). GameDay Squad (our Platform) allows users to purchase, collect, earn, sell and trade digital assets in the form of player cards that feature exclusive design and content associated with current and former sportspeople (Player Cards). These Player Cards can then be utilised to build teams to compete in fantasy sports leagues. These terms and conditions (Terms) set out the basis on which we offer you access to our platform (collectively, Platform). 2.Acceptance and Variation (a)By accessing, registering a user account or using the Platform you agree to be bound by these Terms. If you do not agree to these Terms please exit the Site and/or Application and do not proceed to access it in any way. (b)We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and/or Application and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site and/or Application at any time, without liability or further notice to you. (c)Any amendments to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Site and/or Application after the “Last Updated” date will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us. 3.Account set up and security 3.1Account creation and set up requirements (a)You must create an account on our platform to purchase, collect, earn, sell and trade Player Cards and compete in our fantasy sports leagues. (b)To create an account you must: (i)Provide a valid email address and create a password; or (ii)Sign in to GameDay Squad using a valid Google account; or (iii) Sign in to GameDay Squad using a valid Apple account. (c)To create an account you must also: (i)Accept these Terms; and (ii)Create a unique username that is not already in use by another user. 3.2Your account By registering an account, you agree to: (a)not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Site and/or Application; (b)not transfer or provide access to your account to someone else; (c)provide accurate and complete registration information upon creation of your account; (d)maintain the security of your user identification, password and personal information and any other confidential information relating to your account; (e)notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password; (f)take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your password, informing the police (where appropriate) and contacting your financier; and (g)update and keep your personal information relating to your account accurate, including but not limited to with respect to your email address, residential address, postal address, date of birth, and any other contact or personal information that we may require upon creation of your account. 3.3Communications (a)When engaging with the Platform, making an order or sending information to us, you are communicating with us electronically. By making such electronic communications you consent to receiving communications (including legal notices) from us electronically. (b)We may communicate with you by: (i)email to any email address that you have provided; (ii)by posting notices on the Site and/or Application; or (iii)by any other means set forth in any of our Policies. 4.Cards and Competitions 4.1Player Cards (a)Each collectable Player Card represents a Digital Asset. (b)Player Cards are comprised of Artwork and statistics associated with the player which can be updated to indicate historical player performance within the Platform. Player cards can be purchased, sold, traded or otherwise earnt through the Platform. 4.2Competitions (a)Competitions involve users creating their own team of Player Cards, based on actual sports games, seasons, tournaments and leagues (Sporting Events). Each users completed team of Player Cards is submitted as an entry to a Competition in opposition of other users’ teams. (b)You acknowledge that competitions are an inherent game of skill which relies on the user’s knowledge of the Sporting Events and individual player performances. (c)The outcome of the Competitions within the Platform are based on real-time Sporting Events and statistical data. Statistical data is collected from third-party service providers. We rely on the accuracy and completeness of these providers and do not ourselves warrant the accuracy of the statistical data. (d)You can earn prizes for competing and winning Competitions based on the finishing position of the user in weekly and seasonal competitions. 5.Purchasing, selling and trading cards Our Platform allows you to purchase, sell and trade Player Cards through GameDay Squad packs or our digital asset marketplace. The purchase, transfer or sale of specific Player Cards may only be performed using the digital asset marketplace. 5.1Purchase Users can purchase Player Cards in GameDay Squad packs which are listed for sale on the Platform. Within each GameDay Squad pack, Player Cards are randomly allocated and assigned to you upon purchase of a pack. 5.2Digital Asset Marketplace (a)The digital asset marketplace (our Transfer Market) allows for users to list individual Player Cards either: (i)for sale at a fixed price; (ii)for sale in a timed auction; or (iii)for trade with other user’s Player Cards and/or personal funds as consideration. (b)Where a user lists a Player Card for sale, another user may enter into an agreement to purchase the Player Card, in accordance with these Terms and for the price listed on the Platform. (c)Where a user lists a Player Card to trade, another user may enter into an agreement to obtain the Player Card as agreed by the first user in accordance with these Terms. (d)Upon a sale or trade, ownership of the relevant Player Card/s will transfer to the intended recipient. (e)Listings on the Platform must: (i)be made only in relation to a Player Card owned by you; (ii)include accurate and complete information about the Player Card; and (iii)not be deceptive or misleading. 5.3Transactions and fees (a)You can use your account wallet to purchase Player Cards using your credit card or pre-loaded funds. (b)A seller of a fixed price Player Card must list the price of the Player Card in Australian Dollars (AUD). (c)Upon acceptance of the listing price and commencement of the sale transaction, the total sale price for the Player Card shall be payable by the purchaser. (d)You agree that all transactions on the Platform are final and binding and that you will not be able to cancel sale or trade following the transaction. (e)We rely on third-party platforms to process payment transactions for the purchase and sale of Player Cards. You acknowledge that access to the marketplace is dependent on the continued provision of services by these third-party providers and is subject to their terms and conditions. (f)You agree to take responsibility for all purchasers and charges resulting from use of your account and/or payment methods, including unauthorised use prior to you notifying us of such use. 6.Competitions and Leaderboards 6.Your use of our Platform and participation in competition leagues is governed by the terms presented within ‘Official Rules: GameDay Squad Rugby League Season 2024’, which is presented in Annexure A and can be accessed using the following link https://www.gamedaysquad.com.au/rules-of-gameplay 6.1Distinction between fantasy sports game modes (a)Once a user creates an account, that user will have the option to access our Rugby League fantasy sports game mode (as well as other spotting codes). (b)Each game mode has a different start and finish date, number of weekly rounds played, and requires a different number of Player Cards to field a team. These details are confirmed within Annexure A - ‘Official Rules: GameDay Squad Rugby League Season 2024’. (c)We reserve the right to make any changes to any fantasy sports game mode without notice to users. 6.2Distinction between Competitions (a)When users field a team, the rarity of each individual Player Card will determine that Player Card’s contribution to the user’s team salary amount. This aggregate salary amount will determine the user’s eligibility to enter Competitions featured within our Platform. (b)GameDay Squad Rugby League fantasy sports game mode offers two competitions for users to enter: (i)A Classic competition - Whereby users can only field teams whose aggregate salary amount is equal to or below a predefined salary threshold; and (ii)An Champion competition - Whereby a user’s eligibility into the competition is not influenced by a predefined salary threshold. Users who have entered the Classic competition are currently able to compete within the Classic and Champion competition. Users who have entered the Champion competition are currently only able to compete in the Champion competition. The predefined salary thresholds will be disclosed by GameDay Squad on our Platform and may be subject to change. 6.3Private competition leagues (a)On our Platform, Users may be able to enter and compete in private competition leagues that are created and managed by third parties and/or individual Users. (b)By entering any private competition league, you agree to be bound by the specific terms and conditions which relate to the relevant private competition league and acknowledge that the third party and/or individual user who creates and manages the private competition league may be responsible for setting these terms. (c)We are not responsible or liable in any way for any losses or damages users may face as a result of their participation in any private competition leagues. Users who enter into a private competition league do so at their own risk and will be subject to the specific terms and conditions which relate to the relevant private competition league. (d)We do not guarantee the legitimacy, existence, accuracy, completeness or validity of any information relating to prizes which users may obtain as a result of their performance and/or participation in any private competition leagues. (e)By using our Platform you acknowledge and agree that we shall not be responsibly or liable in any way for any losses or damages which you may suffer as a result of entering a private competition league, including but not limited to the failure to receive any previously promised prizes. (f)Users who enter private competition leagues will remain eligible for and continue to enter the capped and/or open competition leagues in conjunction with item 6.2 (b). 6.4Leaderboards (a)Leaderboards will display the weekly and/or seasonal performance of users’ performance in competitions. (b)Users may be able to access and/or view other users’ teams through leaderboards. This remains subject to change and users will be notified in advance of any changes to this. (b)Game Day Squad receives its stats from a third-party provider and cannot guarantee the accuracy or completeness of the information provided. Game Day Squad is not responsible for any technical errors, omissions, or miscalculations that may occur because of using the third-party stats. Users acknowledge that leaderboard standings and points are subject to change due to updates in the third-party stats. Game Day Squad considers points final, but they are subject to confirmation from the Chief Information Officer (CIO) of Game Day Squad 7.Account Wallets, Deposits of Funds and Withdrawals of Funds 7.1Depositing funds into GameDay Squad account wallet (a)Users can deposit funds into their account wallet via credit and/or debit card purchases and in-app purchases. (b)The time taken for deposited funds to appear in a user’s account wallet may vary depending on the payment method chosen. (c)Users must adhere to the minimum and maximum deposit limits as outlined within our Platform. 7.2Withdrawing funds from GameDay Squad account wallet (a)Users currently do not have the ability to withdraw funds from their account wallets to a bank account of their choosing. We intend to establish this functionality in the future. Users will be notified once this functionality is in place. (b)When users have the ability to withdraw funds from their account wallets, users must adhere to the minimum and maximum withdrawal limits withdrawal limits as outlined within our Platform. (c)In the event of any withdrawal errors, we will investigate and take appropriate action to resolve the issue. However, (c)(d) we will not take any responsibility or reimburse users where user error (incorrect bank account details, invalid withdrawal instructions) is the sole cause of loss of funds. 7.3Custody of user funds and digital assets (a)We maintain custody of all user funds and digital assets, up until the point in time where funds and/or digital assets are withdrawn from our Platform. (b)User funds and digital assets are securely stored in segregated accounts. We will take all reasonable measures to ensure the security of user funds and digital assets. 8.Prizes 8.1Eligibility to win a prize The following users are welcome to participate, but are not eligible to win or obtain any cash prizes for their performance within and/or involvement with GameDay Squad: (a)Users who are younger than 18 years of age; (b)(a)Our management personnel, our employees and contractors to NFT Australia Group Pty Ltd ACN 649 452 933 or any management personnel, employees and/or contractors to any of our related entities; (c)(b)Members of the immediate family of such management personnel, employees and/or contractors; and 8.2Types of prizes and amendments to prizes (a)We offer both weekly and overall season prizes to certain users who access and use our Platform. (b)We reserve the right to amend and/or remove prizes without notice to users. Any changes to the prizes will be communicated to users in a timely and transparent manner. 8.3Prize winner notification and receipt of prizes (a)Winners of prizes will be notified via email shortly after winning their claim to a specific prize. (b)Where prizes are awarded in the form of monies, funds will be deposited into the user’s account wallet. (c)Where prizes are awarded in the form of GameDay Squad packs or Acquired Cards, users will receive instructions via email detailing how to obtain their prize. (d)In the event of a tie between users who have won a prize, the prize will be shared equally among the tied users. (d)The parent or guardian who consents to a user younger than 18 years of age accessing our Platform must consent to receiving any prizes on behalf of that user if and/or when that user is notified that they are to be awarded a prize. (e)GameDay Squad reserves the right to publicly announce prize winners and any prizes received for promotional purposes via live video stream or on their website or app. (e)(f)Game Day Squad will award prizes to the winners of each competition based on the final scores as determined by the Chief Information Officer (CIO) of Game Day Squad. Payment of prizes will be made 14 days after the end of the competition, subject to there being no challenges to the final scores. Once payment has been made, the final score for that competition will be considered final and binding, and Game Day Squad will not be liable for any errors or inaccuracies in the scores, stats, or calculations. Users acknowledge that technical errors, omissions, or miscalculations may occur, and Game Day Squad will not be liable for any losses or damages that result from such errors. 8.4Tax considerations and other liabilities (a)We are not responsible for any taxes or tax implications which may be applicable as a consequence of a user receiving a prize. We advise all users consult their tax advisors prior to engaging with our Platform in any way. (b)We are not responsible for any losses suffered or liabilities incurred by users which may have arisen as a result of that user’s use of our Platform. 9.Intellectual Property and ownership In this clause, these terms have the following meaning: “Intellectual Property Rights” means all intellectual property rights of whatever nature including all rights conferred under statute, common law or equity, including all copyrights, patent rights, trade mark rights (including any goodwill associated with those trade mark rights), design rights and trade secrets together with any documentation relating to those rights but does not include moral rights. “Purchased Card” means a Player Card that you have acquired through a purchase on the Site and/or Application or trade on the Transfer Market. “Acquired Card” means a Player Card that you have earnt as a result of winning a competition. “Artwork” means the artwork, design, graphics or drawings contained on the Player Card. “Platform Materials” means the information and documentation contained within the Site and/or Application, including its coding, imagery, wording, design, graphics and logos 9.1Ownership of cards (a)You own the underlying Digital Asset in a Purchased Card, including the ownership rights to sell or trade your Purchased Card within the Platform. (b)You have a worldwide, perpetual, exclusive and transferable right to use, copy and display the Purchased Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card. (c)You have a worldwide, perpetual, exclusive and transferable right to use, copy and display the Acquired Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card. 9.2Artwork (a)You acknowledge and agree that all right, title and interest in the Artwork vests with us. Nothing in these Terms transfers any ownership of the Artwork to you. (b)Subject to your compliance with these Terms, you are granted a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy and display the Artwork of your Purchased Card or Acquired Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card or Acquired Card. 9.3Ownership of Platform (a)You acknowledge and agree that all right, title and interest in the Platform Materials are owned by us or granted to us under licence and are protected under the Copyright Act 1968 (Cth). Nothing in these Terms transfers any ownership or licences use of the Platform Materials to you. (b)You may only retain copies of information on the Platform if it is obtained incidentally to your viewing and if kept only for your own personal reference. (c)You acknowledge and agree that you are not granted any right or licence to any of our Platform Materials, trade marks as displayed on the Platform, or the trade marks of any third party displayed on the Platform. 9.4Third party Intellectual Property Rights (a)You acknowledge and agree that some materials in the Platform, Player Cards and Artwork may be subject to third-party Intellectual Property Rights and subject to license or restrictions. (b)We will obtain the necessary licenses for any third-party intellectual property so that its limitations and conditions does not interfere with your anticipated use of the Player Card. 9.5Restrictions You must not: (a)modify or alter the Player Card or Artwork in a Player Card in any way; (b)use the Player Card or Artwork to advertise or market a produce or service; (c)use the Player Card or Artwork in any way which would infringe the Intellectual Property Rights of us or a third party; (d)use the Player Card or Artwork other than for personal use; (e)attempt to acquired additional Intellectual Property Rights in a Player Card. 9.5.1 Account Management and Suspensions a. Suspension and Deletion: Game Day Squad reserves the right to suspend or delete any user account that is suspected of gaming, abusing, or violating our terms and conditions. This includes but is not limited to accounts that engage in fraudulent activities, create fake or multiple accounts, or attempt to manipulate the system. b. Fraudulent Transactions: Game Day Squad may reverse any suspected fraudulent transactions, regardless of whether they are ultimately determined to be innocent. Users engaging in such activities may be subject to account suspension or deletion. c. Withdrawal Restrictions: Game Day Squad may impose withdrawal restrictions, including setting a withdrawal limit, which may vary based on user account status. For example, an account may be required to be verified for a certain period, e.g., three (3) days, before making a withdrawal request. d. Prize Payment Delays: Game Day Squad reserves the right to delay prize payments for any reason, at its sole discretion. 9.5.2. Account Deletion and Asset Handling a. Deletion of Accounts: In the event that an account is deleted or suspended, Game Day Squad may take the following actions: i. Forfeiture of Account Assets: Any virtual assets, winnings, or bonuses associated with the account may be forfeited upon account deletion or suspension. ii. Data Retention: Game Day Squad may retain user data and account information for a reasonable period after account deletion, in accordance with our Privacy Policy and applicable laws. iii. No Transfer of Assets: Users understand and agree that account assets, including virtual currency or prizes, cannot be transferred to another account or individual. iv. Intellectual Property: Any content, trademarks, or intellectual property created by the user while using the platform may be retained by Game Day Squad for marketing or promotional purposes, even after account deletion. b. Account Reactivation: Game Day Squad may, at its discretion, reactivate a suspended account, but any restrictions or forfeitures imposed during suspension may remain in effect. c. User Responsibility: Users are responsible for ensuring the accuracy and completeness of their account information and keeping their login credentials secure. Game Day Squad is not liable for any losses or damages incurred as a result of account suspension or deletion. By using the Game Day Squad platform, you acknowledge that you have read, understood, and agreed to these updated terms and conditions. Game Day Squad reserves the right to modify these terms at any time, and users are responsible for regularly reviewing them for updates. 10.Use of platform and conduct 10.1Permitted use (a)You agree that you are only authorised to use the Site and/or Application for the following activities: (i)viewing our Services, Player Cards or Platform; (ii)conducting research on our Services, Player Cards or Platform; (iii)purchasing our Services, Player Cards or Platform; (iv)conducting investigations with respect to our business; (v)retrieving our contact details and communicating with us; (vi)reviewing our policies; or (vii)otherwise transacting with us. (b)You must not use any part of the Site and/or Application for any commercial purposes (other than transacting with us). 10.2Prohibited conduct You acknowledge and agree that you will not: (a)register for more than one account, create an account on behalf of someone else, create an account on behalf of a commercial entity or create a false or misleading identity on the Site and/or Application; (b)communicate directly or collude with other users to create any advantage deemed unfair or manipulate the values of Player Cards; (c)use any automated processes or means to access the Site and/or Application; (d)use any software or manual repetition that will or is likely to interfere with the Site and/or Application; (e)use the Platform to perform any unlawful, fraudulent or immoral activities; (f)use the Platform or your account to introduce any harmful content, including viruses, malicious code or Trojan horses; (g)transfer your account or give access to it to another person without prior notification and approval from us; (h)modify, attempt to decompile, cross compile, disassemble, reverse engineer, or use any other means to discover the source code, object code or underlying structure, ideas, know-how or algorithms of the Platform or any of its components; (i)create or register a security interest or encumbrance over any Player Card owned by you; (j)attempt to cause stress or detriment to the proper working of the Site and/or Application, such as by: (i)acting in any way likely to cause an unreasonable strain to the infrastructure of the Site and/or Application; (ii)reloading or refreshing transaction pages more than once every 5 seconds; or (iii)requesting any page of the Site and/or Application more than 1000 times in aggregate in a 24 hour period; (k)otherwise engage in any activities which would breach any of these Terms; or (l)assist any person, entity or device to do any of the prohibited conduct in this clause 7.3. 10.3Age requirements All users of the Site and/or Application must be 18 years of age, or older, to make an order on the Site and/or Application or to create a user account on the Site and/or Application. Users who are younger than 18 years of age must obtain parental or guardian consent before creating an account. The parent or guardian who consents to a user younger than 18 years of age accessing our Platform is solely responsible for that user’s conduct on our Platform. We will not be held liable or responsible for any losses of damages incurred by users younger than 18 years of age and/or that user’s parent or guardian which result from that user’s conduct on our Platform. 10.4Geographical restrictions All users who reside in Australia and/or New Zealand will have access to our Platform. Geographical access restrictions may apply to users who reside in other countries or jurisdictions, and users are responsible for verifying their eligibility to access the platform. 11.Breach of conduct (a)If you violate these Terms in any way, we may in our sole discretion and without notice to you: (i)take any legal action we have available against you; (ii)terminate or take control of your account; (iii)confiscate and/or take control of any Purchased Cards and/or Acquired Cards; (iv)block your use of the Site and/or Application; (v)restrict your ability to make future orders; and (vi)disclose information about you and your use of the Site and/or Application for investigation by any enforcement body for your unlawful activity. (b)You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing its expenses and in such a case irrevocably consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation. (c)Where your violation of these Terms or any of our Policies causes damage, loss or expense to us, to the fullest extent permissible by law, you indemnify us against any such damage, loss or expense suffered or incurred. (d)If we are required to terminate your account, block your use of the Site and/or Application or restrict your ability to make orders through the Site and/or Application as contemplated in clause (a), you hereby release and hold us harmless from all damage, loss, expense, cost or liability that you may suffer as a result of such conduct. 12.Data protection and privacy (a)Please ensure you have read our current policies (Policies), which includes our Privacy Policy. (b)Our Policies govern the processes and procedures to be followed by you and by us with respect to the activities set out in each of the respective Policies. (c)We reserve the right to modify, alter, amend or withdraw any part of our Policies at any time, without liability or further notice to you. Your continued interaction with us following a change taking place to a Policy, will indicate your acceptance of any alteration, withdrawal or amendment made by us to our Policies. (d)We may from time to time adopt additional policies that will govern other interactions and transactions with you. All newly adopted Policies will be displayed on the Site and/or Application. (e)You agree that you will: (i)comply with your obligations and accept our rights under each of the Policies; (ii)from time to time review each of our existing Policies for variations; and (iii)promptly review any newly adopted policy and comply with your obligations set out within that policy. 13.Risk 13.1User’s risk (a)We will use reasonable care and skill to ensure that the Site and/or Application is free from defect and harmful code. (b)With regard to any device you choose to use as a means to access the Site and/or Application, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for your device. (c)We will not be held liable for any losses or damage caused by your use of the Site and/or Application, whether directly or indirectly, suffered yourself or by a third party, and your use of the Site and/or Application is entirely at your risk. 13.2Volatility of Digital Asserts You acknowledge and agree that: (a)Digital Assets and blockchain technologies as assets are inherently volatile and subjective in nature; (b)the value and liquidity of Digital Assets may be subject to fluctuations based on market demand, external factors and subjective criteria outside of our control; (c)fluctuations in the value of other blockchain technologies may affect the value of Digital Assets purchased or acquired through the Platform; (d)the Platform and its contractors may be subject to risk of fraud, cyberattacks and other technological difficulties which may prevent access to or use of Digital Assets. You acknowledge the inherent risks of failure in the hardware and software supporting blockchain technology; (e)You acknowledge and agree that we are not responsible for disruptions or failures caused by third party service providers that we engage with to deliver our services through the Platform; and (f)Regulation of blockchain technology is uncertain and future regulatory schemes or policies within Australia may adversely affect access, use and value of the Platform and your Digital Assets. 13.3Third party sites (a)The Site and/or Application may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites and do not endorse any aspect of these third-party services. Such links are provided for convenience and interest only. You use these Linked Sites entirely at your own risk. (b)We urge all our Site’s users to carefully review each Linked Site’s privacy policies and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from the Site and/or Application, you are entering a separate agreement with that third party, and expressly agree that we are not a party to or interested in that transaction. (c)You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 14.Disclaimers (a)You acknowledge internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software. Accordingly, our Platform is delivered on an “as is” and “as available” basis. (b)NFTs are intangible digital assets that exist only by virtue of the ownership record maintained in a blockchain network. Any transfer of title in relation to an NFT, occur through a smart contact on the decentralised ledger within a blockchain network, over which we have no control. We make no guarantees or promises with respect to smart contracts. (c)Whilst all due care has been taken in providing the information on the Platform, we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose relating to the Site and/or Application. (d)To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. (e)We undertake all due care with any information which you may provide when accessing the Site and/or Application and to preserve such information in a secure manner and in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Site and/or Application is entirely at your own risk. (f)From time to time we may host third party content on the Site and/or Application such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them. 15.Limitation of liability (a)We will not be held liable for any loss, consequential loss or damages caused by your use of the Platform, whether directly or indirectly, nor will we be liable for any damages suffered by you as a consequence of your use of any website linked to or from the Platform. (b)We reserve the right to refuse any order without giving reason. In the event of order cancellation, we will make all reasonable attempts to contact you using the details you have provided. (c)All monies received by us for an order that has been cancelled will be fully refundable to you unless otherwise specified in these Terms or at the time of your purchase. 16.Indemnity You will at all times indemnify and keep us indemnified along with our respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of, your use of the Platform or any breach of these Terms by you. 17.General 17.1Interpretation In interpreting this document: (a)headings are for convenience only and will not affect interpretation of this Agreement; (b)words in the singular include the plural and words in the plural include singular, according to the requirements of the context; (c)a reference to legislation or other law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them; (d)a reference to any of the words "include", "includes" and "including" is read as if followed by the words "without limitation"; and (e)terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or the Corporations Act 2001 have the meaning given in that Act, unless the context otherwise requires. 17.2Jurisdiction (a)This Agreement is governed by the law in force in the State of Queensland, Australia. (b)Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement. (c)Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland, Australia. (d)We reserve the right to make any changes to the Site and/or Application and these disclaimers, terms and conditions at our sole discretion. 17.3Force majeure We will not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay: (a)is caused by a circumstance not within our reasonable control; and (b)could not have been reasonably avoided, prevented or circumvented. 17.4Waiver The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by written notice signed by the party to be bound by the waiver. 17.5Severability Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which will remain in force. GameDay Squad - IND Cricket Terms and Conditions Last Updated 6 March 2024 1.GameDay Squad GameDay Squad is a fantasy sport platform and digital asset marketplace owned and operated by NFT Australia Group Pty Ltd ACN 649 452 933 (we/us/our). GameDay Squad (our Platform) allows users to purchase, collect, earn, sell and trade digital assets in the form of player cards that feature exclusive design and content associated with current and former sportspeople (Player Cards). These Player Cards can then be utilised to build teams to compete in fantasy sports leagues. These terms and conditions (Terms) set out the basis on which we offer you access to our platform (collectively, Platform). 2.Acceptance and Variation (a)By accessing, registering a user account or using the Platform you agree to be bound by these Terms. If you do not agree to these Terms please exit the Site and/or Application and do not proceed to access it in any way. (b)We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and/or Application and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site and/or Application at any time, without liability or further notice to you. (c)Any amendments to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Site and/or Application after the “Last Updated” date will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us. 3.Account set up and security 3.1Account creation and set up requirements (a)You must create an account on our platform to purchase, collect, earn, sell and trade Player Cards and compete in our fantasy sports leagues. (b)To create an account you must: (i)Provide a valid email address and create a password; or (ii)Sign in to GameDay Squad using a valid Google account; or (iii) Sign in to GameDay Squad using a valid Apple account. (c)To create an account you must also: (i)Accept these Terms; and (ii)Create a unique username that is not already in use by another user. 3.2Your account By registering an account, you agree to: (a)not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Site and/or Application; (b)not transfer or provide access to your account to someone else; (c)provide accurate and complete registration information upon creation of your account; (d)maintain the security of your user identification, password and personal information and any other confidential information relating to your account; (e)notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password; (f)take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your password, informing the police (where appropriate) and contacting your financier; and (g)update and keep your personal information relating to your account accurate, including but not limited to with respect to your email address, residential address, postal address, date of birth, and any other contact or personal information that we may require upon creation of your account. 3.3Communications (a)When engaging with the Platform, making an order or sending information to us, you are communicating with us electronically. By making such electronic communications you consent to receiving communications (including legal notices) from us electronically. (b)We may communicate with you by: (i)email to any email address that you have provided; (ii)by posting notices on the Site and/or Application; or (iii)by any other means set forth in any of our Policies. 4.Cards and Competitions 4.1Player Cards (a)Each collectable Player Card represents a Digital Asset. (b)Player Cards are comprised of Artwork and statistics associated with the player which can be updated to indicate historical player performance within the Platform. Player cards can be purchased, sold, traded or otherwise earnt through the Platform. 4.2Competitions (a)Competitions involve users creating their own team of Player Cards, based on actual sports games, seasons, tournaments and leagues (Sporting Events). Each users completed team of Player Cards is submitted as an entry to a Competition in opposition of other users’ teams. (b)You acknowledge that competitions are an inherent game of skill which relies on the user’s knowledge of the Sporting Events and individual player performances. (c)The outcome of the Competitions within the Platform are based on real-time Sporting Events and statistical data. Statistical data is collected from third-party service providers. We rely on the accuracy and completeness of these providers and do not ourselves warrant the accuracy of the statistical data. (d)You can earn prizes for competing and winning Competitions based on the finishing position of the user in weekly and seasonal competitions. 5.Purchasing, selling and trading cards Our Platform allows you to purchase, sell and trade Player Cards through GameDay Squad packs or our digital asset marketplace. The purchase, transfer or sale of specific Player Cards may only be performed using the digital asset marketplace. 5.1Purchase Users can purchase Player Cards in GameDay Squad packs which are listed for sale on the Platform. Within each GameDay Squad pack, Player Cards are randomly allocated and assigned to you upon purchase of a pack. 5.2Digital Asset Marketplace (a)The digital asset marketplace (our Transfer Market) allows for users to list individual Player Cards either: (i)for sale at a fixed price; (ii)for sale in a timed auction; or (iii)for trade with other user’s Player Cards and/or personal funds as consideration. (b)Where a user lists a Player Card for sale, another user may enter into an agreement to purchase the Player Card, in accordance with these Terms and for the price listed on the Platform. (c)Where a user lists a Player Card to trade, another user may enter into an agreement to obtain the Player Card as agreed by the first user in accordance with these Terms. (d)Upon a sale or trade, ownership of the relevant Player Card/s will transfer to the intended recipient. (e)Listings on the Platform must: (i)be made only in relation to a Player Card owned by you; (ii)include accurate and complete information about the Player Card; and (iii)not be deceptive or misleading. 5.3Transactions and fees (a)You can use your account wallet to purchase Player Cards using your credit card or pre-loaded funds. (b)A seller of a fixed price Player Card must list the price of the Player Card in Australian Dollars (AUD). (c)Upon acceptance of the listing price and commencement of the sale transaction, the total sale price for the Player Card shall be payable by the purchaser. (d)You agree that all transactions on the Platform are final and binding and that you will not be able to cancel sale or trade following the transaction. (e)We rely on third-party platforms to process payment transactions for the purchase and sale of Player Cards. You acknowledge that access to the marketplace is dependent on the continued provision of services by these third-party providers and is subject to their terms and conditions. (f)You agree to take responsibility for all purchasers and charges resulting from use of your account and/or payment methods, including unauthorised use prior to you notifying us of such use. 6.Competitions and Leaderboards 6.Your use of our Platform and participation in competition leagues is governed by the terms presented within ‘Official Rules: GameDay Squad IND Cricket Season 2024’, which is presented in Annexure A and can be accessed using the following link https://www.gamedaysquad.com.au/rules-of-gameplay 6.1Distinction between fantasy sports game modes (a)Once a user creates an account, that user will have the option to access our IND Cricket fantasy sports game mode (as well as other spotting codes). (b)Each game mode has a different start and finish date, number of weekly rounds played, and requires a different number of Player Cards to field a team. These details are confirmed within Annexure A - ‘Official Rules: GameDay Squad IND Cricket Season 2024’. (c)We reserve the right to make any changes to any fantasy sports game mode without notice to users. 6.2Distinction between Competitions (a)When users field a team, the rarity of each individual Player Card will determine that Player Card’s contribution to the user’s team salary amount. This aggregate salary amount will determine the user’s eligibility to enter Competitions featured within our Platform. (b)GameDay Squad IND Cricket fantasy sports game mode offers two competitions for users to enter: (i)A Classic competition - Whereby users can only field teams whose aggregate salary amount is equal to or below a predefined salary threshold; and (ii)An Champion competition - Whereby a user’s eligibility into the competition is not influenced by a predefined salary threshold. Users who have entered the Classic competition are currently able to compete within the Classic and Champion competition. Users who have entered the Champion competition are currently only able to compete in the Champion competition. The predefined salary thresholds will be disclosed by GameDay Squad on our Platform and may be subject to change. 6.3Private competition leagues (a)On our Platform, Users may be able to enter and compete in private competition leagues that are created and managed by third parties and/or individual Users. (b)By entering any private competition league, you agree to be bound by the specific terms and conditions which relate to the relevant private competition league and acknowledge that the third party and/or individual user who creates and manages the private competition league may be responsible for setting these terms. (c)We are not responsible or liable in any way for any losses or damages users may face as a result of their participation in any private competition leagues. Users who enter into a private competition league do so at their own risk and will be subject to the specific terms and conditions which relate to the relevant private competition league. (d)We do not guarantee the legitimacy, existence, accuracy, completeness or validity of any information relating to prizes which users may obtain as a result of their performance and/or participation in any private competition leagues. (e)By using our Platform you acknowledge and agree that we shall not be responsibly or liable in any way for any losses or damages which you may suffer as a result of entering a private competition league, including but not limited to the failure to receive any previously promised prizes. (f)Users who enter private competition leagues will remain eligible for and continue to enter the capped and/or open competition leagues in conjunction with item 6.2 (b). 6.4Leaderboards (a)Leaderboards will display the weekly and/or seasonal performance of users’ performance in competitions. (b)Users may be able to access and/or view other users’ teams through leaderboards. This remains subject to change and users will be notified in advance of any changes to this. (b)Game Day Squad receives its stats from a third-party provider and cannot guarantee the accuracy or completeness of the information provided. Game Day Squad is not responsible for any technical errors, omissions, or miscalculations that may occur because of using the third-party stats. Users acknowledge that leaderboard standings and points are subject to change due to updates in the third-party stats. Game Day Squad considers points final, but they are subject to confirmation from the Chief Information Officer (CIO) of Game Day Squad 7.Account Wallets, Deposits of Funds and Withdrawals of Funds 7.1Depositing funds into GameDay Squad account wallet (a)Users can deposit funds into their account wallet via credit and/or debit card purchases and in-app purchases. (b)The time taken for deposited funds to appear in a user’s account wallet may vary depending on the payment method chosen. (c)Users must adhere to the minimum and maximum deposit limits as outlined within our Platform. 7.2Withdrawing funds from GameDay Squad account wallet (a)Users currently do not have the ability to withdraw funds from their account wallets to a bank account of their choosing. We intend to establish this functionality in the future. Users will be notified once this functionality is in place. (b)When users have the ability to withdraw funds from their account wallets, users must adhere to the minimum and maximum withdrawal limits withdrawal limits as outlined within our Platform. (c)In the event of any withdrawal errors, we will investigate and take appropriate action to resolve the issue. However, (c)(d) we will not take any responsibility or reimburse users where user error (incorrect bank account details, invalid withdrawal instructions) is the sole cause of loss of funds. 7.3Custody of user funds and digital assets (a)We maintain custody of all user funds and digital assets, up until the point in time where funds and/or digital assets are withdrawn from our Platform. (b)User funds and digital assets are securely stored in segregated accounts. We will take all reasonable measures to ensure the security of user funds and digital assets. 8.Prizes 8.1Eligibility to win a prize The following users are welcome to participate, but are not eligible to win or obtain any cash prizes for their performance within and/or involvement with GameDay Squad: (a)Users who are younger than 18 years of age; (b)(a)Our management personnel, our employees and contractors to NFT Australia Group Pty Ltd ACN 649 452 933 or any management personnel, employees and/or contractors to any of our related entities; (c)(b)Members of the immediate family of such management personnel, employees and/or contractors; and 8.2Types of prizes and amendments to prizes (a)We offer both weekly and overall season prizes to certain users who access and use our Platform. (b)We reserve the right to amend and/or remove prizes without notice to users. Any changes to the prizes will be communicated to users in a timely and transparent manner. 8.3Prize winner notification and receipt of prizes (a)Winners of prizes will be notified via email shortly after winning their claim to a specific prize. (b)Where prizes are awarded in the form of monies, funds will be deposited into the user’s account wallet. (c)Where prizes are awarded in the form of GameDay Squad packs or Acquired Cards, users will receive instructions via email detailing how to obtain their prize. (d)In the event of a tie between users who have won a prize, the prize will be shared equally among the tied users. (d)The parent or guardian who consents to a user younger than 18 years of age accessing our Platform must consent to receiving any prizes on behalf of that user if and/or when that user is notified that they are to be awarded a prize. (e)GameDay Squad reserves the right to publicly announce prize winners and any prizes received for promotional purposes via live video stream or on their website or app. (e)(f)Game Day Squad will award prizes to the winners of each competition based on the final scores as determined by the Chief Information Officer (CIO) of Game Day Squad. Payment of prizes will be made 14 days after the end of the competition, subject to there being no challenges to the final scores. Once payment has been made, the final score for that competition will be considered final and binding, and Game Day Squad will not be liable for any errors or inaccuracies in the scores, stats, or calculations. Users acknowledge that technical errors, omissions, or miscalculations may occur, and Game Day Squad will not be liable for any losses or damages that result from such errors. 8.4Tax considerations and other liabilities (a)We are not responsible for any taxes or tax implications which may be applicable as a consequence of a user receiving a prize. We advise all users consult their tax advisors prior to engaging with our Platform in any way. (b)We are not responsible for any losses suffered or liabilities incurred by users which may have arisen as a result of that user’s use of our Platform. 9.Intellectual Property and ownership In this clause, these terms have the following meaning: “Intellectual Property Rights” means all intellectual property rights of whatever nature including all rights conferred under statute, common law or equity, including all copyrights, patent rights, trade mark rights (including any goodwill associated with those trade mark rights), design rights and trade secrets together with any documentation relating to those rights but does not include moral rights. “Purchased Card” means a Player Card that you have acquired through a purchase on the Site and/or Application or trade on the Transfer Market. “Acquired Card” means a Player Card that you have earnt as a result of winning a competition. “Artwork” means the artwork, design, graphics or drawings contained on the Player Card. “Platform Materials” means the information and documentation contained within the Site and/or Application, including its coding, imagery, wording, design, graphics and logos 9.1Ownership of cards (a)You own the underlying Digital Asset in a Purchased Card, including the ownership rights to sell or trade your Purchased Card within the Platform. (b)You have a worldwide, perpetual, exclusive and transferable right to use, copy and display the Purchased Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card. (c)You have a worldwide, perpetual, exclusive and transferable right to use, copy and display the Acquired Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card. 9.2Artwork (a)You acknowledge and agree that all right, title and interest in the Artwork vests with us. Nothing in these Terms transfers any ownership of the Artwork to you. (b)Subject to your compliance with these Terms, you are granted a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy and display the Artwork of your Purchased Card or Acquired Card while you have ownership, for the purposes of: (i)personal, non-commercial use; (ii)the permitted uses within the Platform including sale, display and use of the Purchased Card or Acquired Card. 9.3Ownership of Platform (a)You acknowledge and agree that all right, title and interest in the Platform Materials are owned by us or granted to us under licence and are protected under the Copyright Act 1968 (Cth). Nothing in these Terms transfers any ownership or licences use of the Platform Materials to you. (b)You may only retain copies of information on the Platform if it is obtained incidentally to your viewing and if kept only for your own personal reference. (c)You acknowledge and agree that you are not granted any right or licence to any of our Platform Materials, trade marks as displayed on the Platform, or the trade marks of any third party displayed on the Platform. 9.4Third party Intellectual Property Rights (a)You acknowledge and agree that some materials in the Platform, Player Cards and Artwork may be subject to third-party Intellectual Property Rights and subject to license or restrictions. (b)We will obtain the necessary licenses for any third-party intellectual property so that its limitations and conditions does not interfere with your anticipated use of the Player Card. 9.5Restrictions You must not: (a)modify or alter the Player Card or Artwork in a Player Card in any way; (b)use the Player Card or Artwork to advertise or market a produce or service; (c)use the Player Card or Artwork in any way which would infringe the Intellectual Property Rights of us or a third party; (d)use the Player Card or Artwork other than for personal use; (e)attempt to acquired additional Intellectual Property Rights in a Player Card. 9.5.1 Account Management and Suspensions a. Suspension and Deletion: Game Day Squad reserves the right to suspend or delete any user account that is suspected of gaming, abusing, or violating our terms and conditions. This includes but is not limited to accounts that engage in fraudulent activities, create fake or multiple accounts, or attempt to manipulate the system. b. Fraudulent Transactions: Game Day Squad may reverse any suspected fraudulent transactions, regardless of whether they are ultimately determined to be innocent. Users engaging in such activities may be subject to account suspension or deletion. c. Withdrawal Restrictions: Game Day Squad may impose withdrawal restrictions, including setting a withdrawal limit, which may vary based on user account status. For example, an account may be required to be verified for a certain period, e.g., three (3) days, before making a withdrawal request. d. Prize Payment Delays: Game Day Squad reserves the right to delay prize payments for any reason, at its sole discretion. 9.5.2. Account Deletion and Asset Handling a. Deletion of Accounts: In the event that an account is deleted or suspended, Game Day Squad may take the following actions: i. Forfeiture of Account Assets: Any virtual assets, winnings, or bonuses associated with the account may be forfeited upon account deletion or suspension. ii. Data Retention: Game Day Squad may retain user data and account information for a reasonable period after account deletion, in accordance with our Privacy Policy and applicable laws. iii. No Transfer of Assets: Users understand and agree that account assets, including virtual currency or prizes, cannot be transferred to another account or individual. iv. Intellectual Property: Any content, trademarks, or intellectual property created by the user while using the platform may be retained by Game Day Squad for marketing or promotional purposes, even after account deletion. b. Account Reactivation: Game Day Squad may, at its discretion, reactivate a suspended account, but any restrictions or forfeitures imposed during suspension may remain in effect. c. User Responsibility: Users are responsible for ensuring the accuracy and completeness of their account information and keeping their login credentials secure. Game Day Squad is not liable for any losses or damages incurred as a result of account suspension or deletion. By using the Game Day Squad platform, you acknowledge that you have read, understood, and agreed to these updated terms and conditions. Game Day Squad reserves the right to modify these terms at any time, and users are responsible for regularly reviewing them for updates. 10.Use of platform and conduct 10.1Permitted use (a)You agree that you are only authorised to use the Site and/or Application for the following activities: (i)viewing our Services, Player Cards or Platform; (ii)conducting research on our Services, Player Cards or Platform; (iii)purchasing our Services, Player Cards or Platform; (iv)conducting investigations with respect to our business; (v)retrieving our contact details and communicating with us; (vi)reviewing our policies; or (vii)otherwise transacting with us. (b)You must not use any part of the Site and/or Application for any commercial purposes (other than transacting with us). 10.2Prohibited conduct You acknowledge and agree that you will not: (a)register for more than one account, create an account on behalf of someone else, create an account on behalf of a commercial entity or create a false or misleading identity on the Site and/or Application; (b)communicate directly or collude with other users to create any advantage deemed unfair or manipulate the values of Player Cards; (c)use any automated processes or means to access the Site and/or Application; (d)use any software or manual repetition that will or is likely to interfere with the Site and/or Application; (e)use the Platform to perform any unlawful, fraudulent or immoral activities; (f)use the Platform or your account to introduce any harmful content, including viruses, malicious code or Trojan horses; (g)transfer your account or give access to it to another person without prior notification and approval from us; (h)modify, attempt to decompile, cross compile, disassemble, reverse engineer, or use any other means to discover the source code, object code or underlying structure, ideas, know-how or algorithms of the Platform or any of its components; (i)create or register a security interest or encumbrance over any Player Card owned by you; (j)attempt to cause stress or detriment to the proper working of the Site and/or Application, such as by: (i)acting in any way likely to cause an unreasonable strain to the infrastructure of the Site and/or Application; (ii)reloading or refreshing transaction pages more than once every 5 seconds; or (iii)requesting any page of the Site and/or Application more than 1000 times in aggregate in a 24 hour period; (k)otherwise engage in any activities which would breach any of these Terms; or (l)assist any person, entity or device to do any of the prohibited conduct in this clause 7.3. 10.3Age requirements All users of the Site and/or Application must be 18 years of age, or older, to make an order on the Site and/or Application or to create a user account on the Site and/or Application. Users who are younger than 18 years of age must obtain parental or guardian consent before creating an account. The parent or guardian who consents to a user younger than 18 years of age accessing our Platform is solely responsible for that user’s conduct on our Platform. We will not be held liable or responsible for any losses of damages incurred by users younger than 18 years of age and/or that user’s parent or guardian which result from that user’s conduct on our Platform. 10.4Geographical restrictions All users who reside in Australia and/or New Zealand will have access to our Platform. Geographical access restrictions may apply to users who reside in other countries or jurisdictions, and users are responsible for verifying their eligibility to access the platform. 11.Breach of conduct (a)If you violate these Terms in any way, we may in our sole discretion and without notice to you: (i)take any legal action we have available against you; (ii)terminate or take control of your account; (iii)confiscate and/or take control of any Purchased Cards and/or Acquired Cards; (iv)block your use of the Site and/or Application; (v)restrict your ability to make future orders; and (vi)disclose information about you and your use of the Site and/or Application for investigation by any enforcement body for your unlawful activity. (b)You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing its expenses and in such a case irrevocably consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation. (c)Where your violation of these Terms or any of our Policies causes damage, loss or expense to us, to the fullest extent permissible by law, you indemnify us against any such damage, loss or expense suffered or incurred. (d)If we are required to terminate your account, block your use of the Site and/or Application or restrict your ability to make orders through the Site and/or Application as contemplated in clause (a), you hereby release and hold us harmless from all damage, loss, expense, cost or liability that you may suffer as a result of such conduct. 12.Data protection and privacy (a)Please ensure you have read our current policies (Policies), which includes our Privacy Policy. (b)Our Policies govern the processes and procedures to be followed by you and by us with respect to the activities set out in each of the respective Policies. (c)We reserve the right to modify, alter, amend or withdraw any part of our Policies at any time, without liability or further notice to you. Your continued interaction with us following a change taking place to a Policy, will indicate your acceptance of any alteration, withdrawal or amendment made by us to our Policies. (d)We may from time to time adopt additional policies that will govern other interactions and transactions with you. All newly adopted Policies will be displayed on the Site and/or Application. (e)You agree that you will: (i)comply with your obligations and accept our rights under each of the Policies; (ii)from time to time review each of our existing Policies for variations; and (iii)promptly review any newly adopted policy and comply with your obligations set out within that policy. 13.Risk 13.1User’s risk (a)We will use reasonable care and skill to ensure that the Site and/or Application is free from defect and harmful code. (b)With regard to any device you choose to use as a means to access the Site and/or Application, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for your device. (c)We will not be held liable for any losses or damage caused by your use of the Site and/or Application, whether directly or indirectly, suffered yourself or by a third party, and your use of the Site and/or Application is entirely at your risk. 13.2Volatility of Digital Asserts You acknowledge and agree that: (a)Digital Assets and blockchain technologies as assets are inherently volatile and subjective in nature; (b)the value and liquidity of Digital Assets may be subject to fluctuations based on market demand, external factors and subjective criteria outside of our control; (c)fluctuations in the value of other blockchain technologies may affect the value of Digital Assets purchased or acquired through the Platform; (d)the Platform and its contractors may be subject to risk of fraud, cyberattacks and other technological difficulties which may prevent access to or use of Digital Assets. You acknowledge the inherent risks of failure in the hardware and software supporting blockchain technology; (e)You acknowledge and agree that we are not responsible for disruptions or failures caused by third party service providers that we engage with to deliver our services through the Platform; and (f)Regulation of blockchain technology is uncertain and future regulatory schemes or policies within Australia may adversely affect access, use and value of the Platform and your Digital Assets. 13.3Third party sites (a)The Site and/or Application may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites and do not endorse any aspect of these third-party services. Such links are provided for convenience and interest only. You use these Linked Sites entirely at your own risk. (b)We urge all our Site’s users to carefully review each Linked Site’s privacy policies and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from the Site and/or Application, you are entering a separate agreement with that third party, and expressly agree that we are not a party to or interested in that transaction. (c)You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 14.Disclaimers (a)You acknowledge internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software. Accordingly, our Platform is delivered on an “as is” and “as available” basis. (b)NFTs are intangible digital assets that exist only by virtue of the ownership record maintained in a blockchain network. Any transfer of title in relation to an NFT, occur through a smart contact on the decentralised ledger within a blockchain network, over which we have no control. We make no guarantees or promises with respect to smart contracts. (c)Whilst all due care has been taken in providing the information on the Platform, we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose relating to the Site and/or Application. (d)To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. (e)We undertake all due care with any information which you may provide when accessing the Site and/or Application and to preserve such information in a secure manner and in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Site and/or Application is entirely at your own risk. (f)From time to time we may host third party content on the Site and/or Application such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them. 15.Limitation of liability (a)We will not be held liable for any loss, consequential loss or damages caused by your use of the Platform, whether directly or indirectly, nor will we be liable for any damages suffered by you as a consequence of your use of any website linked to or from the Platform. (b)We reserve the right to refuse any order without giving reason. In the event of order cancellation, we will make all reasonable attempts to contact you using the details you have provided. (c)All monies received by us for an order that has been cancelled will be fully refundable to you unless otherwise specified in these Terms or at the time of your purchase. 16.Indemnity You will at all times indemnify and keep us indemnified along with our respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of, your use of the Platform or any breach of these Terms by you. 17.General 17.1Interpretation In interpreting this document: (a)headings are for convenience only and will not affect interpretation of this Agreement; (b)words in the singular include the plural and words in the plural include singular, according to the requirements of the context; (c)a reference to legislation or other law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them; (d)a reference to any of the words "include", "includes" and "including" is read as if followed by the words "without limitation"; and (e)terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or the Corporations Act 2001 have the meaning given in that Act, unless the context otherwise requires. 17.2Jurisdiction (a)This Agreement is governed by the law in force in the State of Queensland, Australia. (b)Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement. (c)Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland, Australia. (d)We reserve the right to make any changes to the Site and/or Application and these disclaimers, terms and conditions at our sole discretion. 17.3Force majeure We will not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay: (a)is caused by a circumstance not within our reasonable control; and (b)could not have been reasonably avoided, prevented or circumvented. 17.4Waiver The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by written notice signed by the party to be bound by the waiver. 17.5Severability Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which will remain in force.