TERMS OF SERVICE

Last Updated: 30 May 2025

1. Provision of Services

1.1 The Platform is a non-commercial digital entertainment service that provides browser-accessible casual games to users located in Australia. All services are rendered free of charge and for recreational purposes only.

1.2 The Platform does not involve any form of gambling, wagering, staking, or prize-based competition. No real or simulated monetary risk, reward, or consideration is provided, implied, or supported.

1.3 The Platform is provided solely for individual, personal, and non-commercial use. The Platform does not support registration, multiplayer functionality, persistent user accounts, or interactive public user features.

1.4 The Platform may display third-party advertising content delivered in accordance with applicable Commonwealth and State legislation, the Google Ads Policies, Microsoft Advertising Policies, and other applicable industry standards. We do not endorse or assume responsibility for the accuracy, legality, or function of any third-party advertising or linked services.

1.5 It is your sole responsibility to ensure that your access to, and use of, the Platform is lawful in your jurisdiction and complies with all applicable legal requirements.

2. Intellectual Property Rights

2.1 Ownership
All intellectual property rights in and to the Platform, including but not limited to games, software, source code, interfaces, graphics, layout, audiovisual elements, data, and any other associated content (“Platform Content”) are owned by or licensed to The Oz Gameroom and are protected under the Copyright Act 1968 (Cth) and relevant international conventions.

2.2 Trade Marks
All trade marks, service marks, logos, names, and trade dress used or displayed on the Platform (“Marks”) are proprietary to The Oz Gameroom or third parties. No licence or right to use any Mark is granted under these Terms without prior written consent from the relevant rights holder.

2.3 Limited Licence
You are granted a revocable, non-exclusive, non-transferable, and limited licence to access and use the Platform strictly for lawful personal use in accordance with these Terms. This licence does not extend to:

  • copying, reproducing, or redistributing any Platform Content;
  • modifying, adapting, or creating derivative works based on the Platform or its Content;
  • extracting, decompiling, disassembling, reverse engineering, or gaining unauthorised access to any software or source code;
  • framing, mirroring, deep-linking, or embedding the Platform or its Content on any other service or platform;
  • exploiting any portion of the Platform for commercial purposes.

Any use of the Platform or its Content in contravention of this clause shall constitute a breach of these Terms and may result in immediate suspension or permanent termination of access and enforcement of all legal remedies.

2.4 Third-Party Content
Certain games, features, or assets accessible via the Platform may incorporate intellectual property owned or licensed by third parties. Such content remains the property of its respective owners and is used under limited licence. Nothing in these Terms transfers or grants you any rights to such third-party content.

3. User Eligibility and Declarations

3.1 By accessing the Platform, you represent, warrant, and undertake that:

  • you are an individual who is at least 18 years of age;
  • you are domiciled in Australia and will access the Platform only from within Australian territory;
  • you have full legal capacity and authority to be bound by these Terms;
  • you will use the Platform solely for lawful, personal, and non-commercial purposes;
  • you will not use any automated system (including bots, scrapers, or similar tools) to access the Platform;
  • you will not contravene any applicable law, regulation, or obligation in connection with your use of the Platform.

3.2 We reserve the right to monitor compliance with this clause and to immediately restrict or revoke access to any user who breaches or is reasonably suspected of breaching these representations.

4. Restricted Conduct

4.1 You must not, under any circumstances:

  • access or use the Platform through automated or unauthorised means;
  • interfere with, disrupt, or undermine the performance or security of the Platform or its supporting infrastructure;
  • introduce any viruses, malware, or malicious code into or through the Platform;
  • attempt to gain unauthorised access to any systems, accounts, data, or servers connected to the Platform;
  • impersonate any person, entity, or affiliation or misrepresent your identity;
  • use the Platform in any manner that infringes any intellectual property, privacy, or other legal rights of any party;
  • transmit, solicit, or distribute unsolicited communications or commercial offers through or in connection with the Platform;
  • promote, endorse, or link to any gambling, wagering, or prohibited financial services;
  • harvest, scrape, or compile data from the Platform for any commercial or marketing purposes;
  • circumvent, disable, or otherwise interfere with any access control mechanisms, security features, or usage restrictions.

4.2 Breach of this clause constitutes a material breach of these Terms and may result in immediate termination of access, reporting to law enforcement, and pursuit of civil or criminal remedies.

5. User Submissions

5.1 The Platform does not provide functionality for the publication of public user-generated content. You must not attempt to upload, display, or share any material via the Platform unless expressly permitted in writing by The Oz Gameroom.

5.2 Where you voluntarily submit information or content to us directly — including suggestions, feedback, correspondence, or other communications (“Submissions”) — you warrant and represent that:

  • you have all necessary rights, licences, and authority to provide the Submission;
  • the Submission does not infringe any third party’s intellectual property or moral rights;
  • the Submission does not contain any unlawful, offensive, or malicious content;
  • the Submission is not confidential, proprietary, or submitted in breach of any obligation.

5.3 We reserve the right to disregard, delete, or act upon Submissions at our sole discretion without obligation to acknowledge, review, or respond.

6. Licence to Contributions

6.1 By submitting any feedback, suggestions, recommendations, or other communications to us through the Platform or related channels (“Contributions”), you grant to The Oz Gameroom a perpetual, irrevocable, royalty-free, transferable, sublicensable, and worldwide licence to:

  • use, copy, reproduce, adapt, modify, publish, translate, create derivative works from, distribute, perform, and display such Contributions (in whole or in part); and
  • incorporate such Contributions into current or future services, systems, or business processes.

6.2 You acknowledge and agree that:

  • you waive any moral rights in respect of your Contributions to the extent permitted by law;
  • you will not be entitled to any acknowledgment, remuneration, or compensation for Contributions used by us;
  • your Contributions do not contain confidential, proprietary, or restricted material;
  • you bear full responsibility for the legality and accuracy of your Contributions.

6.3 You indemnify The Oz Gameroom against all claims, losses, damages, and liabilities arising from any breach of this clause or any infringement caused by your Contribution.

7. Platform Governance and Enforcement

7.1 The Oz Gameroom reserves all rights necessary to ensure the lawful, secure, and uninterrupted operation of the Platform, including (but not limited to) the right to:

  • monitor access and usage patterns to detect violations of these Terms or potential misuse;
  • block, restrict, or suspend access by users, IP addresses, devices, or networks engaging in prohibited or suspicious behaviour;
  • remove or disable access to Contributions or communications deemed harmful, unlawful, or non-compliant;
  • cooperate with law enforcement and regulatory bodies in respect of suspected unlawful conduct; and
  • implement technical safeguards, rate limits, or geo-restrictions for performance, security, or compliance purposes.

7.2 The Oz Gameroom shall not be liable for any delay, limitation, or unavailability of the Platform that arises from operational safeguards, maintenance, legal obligations, or third-party disruptions.

8. Duration and Termination

8.1 These Terms shall apply from the moment you first access the Platform and shall remain in force until terminated in accordance with this clause.

8.2 Without prejudice to its other rights, The Oz Gameroom may, in its sole discretion and without prior notice or liability:

  • suspend, restrict, or terminate your access to the Platform;
  • remove any Submission made by you;
  • disable specific functionalities or features;
  • initiate legal proceedings or report you to the relevant authorities—

if you are in breach of these Terms, any applicable law, or if your conduct is deemed to present a risk to the Platform, its infrastructure, its users, or its reputation.

8.3 Upon termination, you must immediately cease all use of the Platform. Termination does not affect any accrued rights, remedies, or obligations of either party as at the date of termination.

9. Amendments, Modifications, and Interruptions

9.1 The Oz Gameroom reserves the right, at any time and in its absolute discretion, to:

  • amend, revise, or replace these Terms;
  • modify or discontinue any part of the Platform or its functionality;
  • perform maintenance, upgrades, or improvements without notice.

9.2 You acknowledge and agree that:

  • we are under no obligation to maintain or continue any part of the Platform;
  • the Platform may be subject to interruptions, delays, or outages beyond our control;
  • we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

10. Governing Law and Jurisdiction

10.1 These Terms are governed by the laws of the Commonwealth of Australia and, to the extent applicable, the laws of the State or Territory in which The Oz Gameroom operates or maintains its primary presence.

10.2 You irrevocably submit to the exclusive jurisdiction of the courts of Australia in respect of any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or your use thereof.

10.3 You must not access the Platform from any jurisdiction where such access is unlawful or would contravene local regulations. Any such access is entirely at your own risk.

11. Dispute Resolution Procedures

11.1 Informal Resolution
Prior to initiating any formal legal proceeding, each party must use best endeavours to resolve any dispute, controversy, or claim arising out of or in connection with these Terms (“Dispute”) by informal negotiation.

11.2 Either party may initiate informal resolution by giving written notice of the Dispute to the other party. Upon receipt of such notice, both parties must engage in good faith discussions for a period of not less than 30 calendar days.

11.3 Litigation
If the Dispute is not resolved within 30 days of notice being given, either party may initiate legal proceedings in a court of competent jurisdiction in Australia, subject to Clause 10.

11.4 Class Actions Waived
You agree that any legal proceeding arising out of or in relation to the Platform or these Terms must be conducted on an individual basis. Class actions, representative proceedings, and consolidated claims are expressly prohibited.

11.5 Injunctive Relief Preserved
Nothing in this clause shall preclude either party from seeking urgent interlocutory, injunctive, or equitable relief in a court of competent jurisdiction where failure to do so may cause irreparable harm.

12. Accuracy and Corrections

12.1 While we endeavour to maintain the accuracy, integrity, and timeliness of all content made available on the Platform, The Oz Gameroom does not guarantee that the Platform will be free from errors, inaccuracies, omissions, or outdated material.

12.2 We reserve the right, at any time and without notice, to correct any errors, update content, modify information, or amend inaccuracies.

12.3 You acknowledge that reliance on any information or material provided through the Platform is at your own risk and that we shall not be liable for any loss arising from outdated or inaccurate content.

13. Disclaimer of Warranties

13.1 To the fullest extent permitted by law, The Oz Gameroom disclaims all warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

13.2 The Platform is provided strictly on an “as is” and “as available” basis. No representation is made that:

  • the Platform will be uninterrupted, error-free, or free from defects or harmful components;
  • the Platform will meet your requirements or expectations;
  • any content, games, or services will be available continuously or in all locations.

13.3 The Platform does not offer or simulate gambling, gaming for money, or any form of financial or wagering service. All games and services are non-transactional and provided solely for lawful entertainment.

13.4 We disclaim all liability in respect of third-party advertisements, external links, or content embedded or referenced via the Platform. Engagement with third-party content is undertaken at your own risk.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, The Oz Gameroom, its directors, officers, employees, agents, contractors, licensors, and affiliates shall not be liable for any:

  • direct, indirect, incidental, consequential, special, exemplary, punitive, or economic loss or damage;
  • loss of revenue, profits, goodwill, reputation, or anticipated savings;
  • loss of access to data, corruption of data, or damage to devices;
  • business interruption, service outage, or system failure;
  • third-party conduct, services, content, or advertising—

arising out of or in connection with your use of, or inability to use, the Platform, whether arising in contract, tort (including negligence), equity, statute, or otherwise.

14.2 Without limiting clause 14.1, and subject to any statutory rights that cannot be excluded, The Oz Gameroom’s total cumulative liability to you for any claim, loss, or damage arising out of or in connection with these Terms shall not exceed:

  • the total amount paid by you to us (if any) in the 12-month period preceding the event giving rise to liability; or
  • AUD $100, whichever is lesser.

14.3 Some consumer protection laws (including under the Competition and Consumer Act 2010 (Cth)) may confer non-excludable guarantees, conditions, or warranties. Nothing in these Terms is intended to exclude, restrict, or modify such rights where they cannot be lawfully excluded.

15. Indemnity and Liability Allocation

15.1 You agree to unconditionally indemnify and hold harmless The Oz Gameroom, its directors, officers, employees, agents, licensors, and affiliates (“Indemnified Parties”) from and against any and all claims, losses, damages, costs, liabilities, expenses (including legal fees on a full indemnity basis) arising directly or indirectly out of or in connection with:

  • your breach of these Terms;
  • your unlawful, negligent, fraudulent, or wilful conduct;
  • your infringement of any third party’s intellectual property, privacy, or other rights;
  • any data, content, or material submitted, transmitted, or made available by you to us;
  • your use or misuse of the Platform.

15.2 We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to fully cooperate with such defence as reasonably requested.

16. Data Use and Protection

16.1 The Oz Gameroom collects and processes limited technical and operational data solely for the lawful operation, performance, and security of the Platform. This may include device type, browser configuration, access time, IP address, and interaction logs.

16.2 The Platform does not require or enable user registration. No personally identifiable information is collected unless you voluntarily submit it via direct correspondence (e.g., contact forms or email).

16.3 All data handling is conducted in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and where applicable, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) in respect of data subjects located in the European Union.

16.4 You are solely responsible for safeguarding the security and integrity of any information stored on your own devices. We disclaim all liability for unauthorised access, loss, or corruption of local data caused by your use of the Platform.

16.5 For further details, please refer to our separately published Privacy Policy, which forms an integral part of these Terms.

17. Electronic Communications and Execution

17.1 By accessing or using the Platform, or by contacting us electronically, you consent to receive all notices, agreements, disclosures, and communications from us in electronic form.

17.2 You agree that any such electronic communications shall satisfy any legal requirement for communications to be in writing and shall be deemed delivered upon transmission.

17.3 You consent to the use of electronic signatures, records, and agreements for all interactions related to the Platform and these Terms, to the extent permitted by law.

17.4 You may withdraw consent to receive communications electronically by contacting us; however, such withdrawal may affect the functionality or availability of certain Platform features.

18. General Provisions

18.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or guidelines posted on the Platform, constitute the entire agreement between you and The Oz Gameroom concerning its subject matter.

18.2 Variation
We may update, amend, or vary these Terms at any time in accordance with Clause 9. Continued use of the Platform constitutes your acceptance of the updated Terms.

18.3 No Waiver
No waiver of any right, obligation, or breach under these Terms shall be deemed effective unless in writing and signed by an authorised representative of The Oz Gameroom. A failure or delay in enforcing any provision shall not operate as a waiver.

18.4 Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable for any reason, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

18.5 Assignment
You may not assign, novate, or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights and obligations without notice or consent.

18.6 Relationship
Nothing in these Terms shall be construed to create any agency, partnership, joint venture, or employment relationship between you and The Oz Gameroom.

18.7 Survival
Clauses which by their nature are intended to survive termination (including but not limited to clauses relating to indemnity, limitation of liability, governing law, and dispute resolution) shall survive termination of these Terms.

20. Contact Information

If you have any questions, concerns, or legal notices regarding these Terms or the Platform, please contact:

The Oz Gameroom
Email: support@theozgameroom.com
Website: https://theozgameroom.com

We endeavour to respond to all legitimate enquiries in a timely and compliant manner.