mimizo

WEBSITE TERMS AND CONDITIONS OF USE

  1. Definitions

    1. "we", "our", "us" or any similar expression means LUMERAVERSE PTY LTD (ACN 680379337);

    2. "Adventures" means the scavenger hunt activities where participants:

      1. navigate through specified locations;

      2. follow clues and complete challenges;

      3. engage in physical scavenger hunt activities in designated cities or locations;

      4. interact with their surroundings based on digital instructions and content.

    3. "Adventure Assets" means all digital content and resources used to facilitate Adventures, including but not limited to:

      1. clues, riddles, puzzles, and challenges delivered in text, image, audio or video format;

      2. digital maps, GPS coordinates, navigation instructions, and location-specific information;

      3. photographs, illustrations, videos, audio recordings, and other multimedia content;

      4. interactive elements, including game logic, scoring systems, progress tracking, and other programmatic features;

      5. any other digital materials, instructions, or content necessary for participating in and completing an Adventure.

    4. "Services" means:

      1. access to and delivery of Adventures and Adventure Assets through our Website;

      2. the creation and management of user accounts;

      3. digital tools and features for purchasing, accessing, organising, tracking progress in Adventures, and interacting with Adventure Assets;

      4. updates and maintenance related to Adventures and Adventure Assets;

      5. any other related services or features we provide through the Website.

    5. "Website" means:

      1. our primary website at mimizo.com;

      2. all associated subdomains of mimizo.com, including but not limited to app.mimizo.com;

      3. our web applications and mobile-optimised versions of the website;

      4. any other digital platforms or interfaces we operate to deliver the Services.

    6. "Terms" means these terms and conditions, including:

      1. all sections, subsections, and clauses contained in this document;

      2. any policies, guidelines, or documents explicitly referenced within these Terms;

      3. which together form the entire agreement between you and us regarding the use of the Website and Services.

    7. "Services Fee" means:

      1. the fees payable for access to and use of the Services;

      2. any other fees specified on the Website or during the purchase process.

    8. "Refund" means any return of payment as detailed in our Refund Policy, including but not limited to:

      1. full or partial return of the purchase price paid for an Adventure;

      2. excluding any third-party payment processing fees;

      3. credited back to the original payment method used for the purchase;

      4. subject to the conditions specified in the Refund Policy section of these Terms.

  2. About the Website

    1. Welcome to Mimizo. The Website provides access to Adventures and Adventure Assets through our digital platform.

    2. The Website is operated by us. Access to and use of the Website, or any of its associated Products or Services, is provided by us. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and Services immediately.

    3. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. We will use reasonable endeavours to provide notice of any updates to the Terms as follows:

      1. for material changes that significantly affect existing Adventures or purchased Services:

        1. changes will take effect 14 days after publication for existing users;

        2. notification will be sent to your registered email address when such changes are published;

        3. you may terminate your membership during this 14-day period if you do not accept the changes;

        4. changes will take immediate effect for new users registering after the publication date.

      2. immediate effect will apply to all users for changes that:

        1. introduce new features, Adventures, or Services;

        2. reflect routine updates or improvements to existing features;

        3. are required for legal, regulatory, or security reasons;

        4. are necessary to prevent abuse or harm to our Services or users;

        5. involve editorial corrections such as typographical errors, grammatical fixes, or rephrasing for clarity;

        6. update administrative information such as contact details or formatting;

        7. reorganise or restructure content without changing the substance of rights or obligations.

      3. We recommend you keep a copy of the Terms for your records.

    4. You agree that we may modify or discontinue portions of the Website or Services subject to the following conditions:

      1. for material changes that affect the core functionality of the Services, we will:

        1. provide at least 14 days' prior written notice via email to your registered email address;

        2. offer refunds for purchased Adventures that will be discontinued;

        3. allow you to complete any Adventures in progress during the notice period;

      2. for user interface changes, new features that do not materially affect existing core functionality, and new Adventures, we may implement such changes without prior notice;

      3. for technical, administrative, or security-related changes that do not materially affect functionality or user experience, we may implement such changes without prior notice;

      4. for changes required by emergency situations, we may implement changes immediately and will notify you as soon as possible, but no later than 24 hours of implementation, including an explanation of the nature and reason for such changes. Such emergency situations are defined as circumstances that pose immediate risks to:

        1. user safety or security;

        2. system security or integrity;

        3. compliance with legal requirements;

        4. prevention of immediate financial loss;

        5. protection of other users or the public;

  3. Acceptance of the Terms
    You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by us through the Website user interface.
  4. Registration to use the Services

    1. In order to access the Services, you must first register for an account through the Website (Account).

    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email address;

      2. Preferred username;

      3. Telephone number;

      4. Password.

    3. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.

    4. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

    5. You may not use the Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with us; or

      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

  5. Your obligations as a Member

    1. As a Member, you agree to comply with the following:

      1. you will use the Services only for purposes that are permitted by:

        1. the Terms; and

        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of us providing the Services;

      5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

      6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Website;

      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited;

      9. you acknowledge and agree that when purchasing Adventures for a group or team:

        1. you are responsible for ensuring all participants have read, understood and agreed to these Terms prior to their participation;

        2. you must provide each participant with access to these Terms or direct them to where these Terms can be accessed;

        3. you will be liable for any breach of these Terms by any participant for whom you purchased the Adventure;

        4. you must not allow any person to participate in the Adventure unless they have agreed to these Terms.

      10. you must maintain the confidentiality of all Adventure Assets, including but not limited to:

        1. not sharing, publishing, or disclosing any clues, answers, solutions, or completion methods for any Adventure;

        2. not posting hints, tips, or partial solutions on social media, forums, or any public platforms;

        3. not revealing Adventure content to friends, family, or any third parties who have not purchased the Adventure;

        4. not creating or distributing guides, walkthroughs, or solution materials for any Adventure.

  6. Service Description

    1. We provide digital access to Adventures and Adventure Assets through our Website, allowing users to participate in location-based scavenger hunt experiences.

    2. The Services include:

      1. immediate access to purchased Adventures upon successful payment;

      2. digital delivery of Adventure Assets through our secure platform;

      3. ability to access purchased Adventures until completion of Adventure.

      4. ability to view summary of completed adventures.

    3. The Services are available to registered users who maintain active Accounts in good standing. While we strive to maintain continuous service availability, we do not guarantee uninterrupted access to the Services.

    4. To access and use the Services, users must have:

      1. a compatible device with internet access;

      2. a current and valid Account;

      3. the ability to physically access the Adventure locations.

    5. You must commence any purchased Adventure within six (6) months of the purchase date, after which the Adventure will expire and become inaccessible.

      1. expired Adventures are not eligible for refunds;

      2. you will receive email notifications 30 days and 7 days before an Adventure expires;

      3. you will be notified of this six (6) month commencement requirement both prior to and at the time of purchase;

    6. We reserve the right to:

      1. modify or discontinue any Adventure or Adventure Asset;

      2. restrict access to Services in specific geographical locations;

      3. implement fair usage policies to ensure service quality for all users.

  7. Adventure Participation and Risk Acknowledgement

    1. By participating in Adventures, you acknowledge and accept that there are inherent risks associated with outdoor activities in public spaces, including but not limited to:

      1. physical injuries from walking, running, or navigating urban environments;

      2. accidents involving vehicles, bicycles, or other forms of transportation;

      3. hazards such as uneven surfaces, manholes, stairs, or other urban infrastructure;

      4. fatigue or physical strain from extended periods of walking;

      5. serious injury or death that may result from:

        1. distraction while viewing Adventure clues or using devices;

        2. reduced awareness of traffic, obstacles, or other hazards while engaging with Adventure content;

        3. failure to properly monitor surroundings due to focus on Adventure activities.

        4. physical overexertion or environmental exposure while pursuing Adventure objectives in varying weather conditions or terrain.

        5. failure to follow recommended safety protocols, including but not limited to maintaining proper hydration, wearing appropriate clothing, and adhering to local safety regulations while participating in Adventure activities.

        6. medical emergencies or complications arising from pre-existing health conditions that may be aggravated by physical activity, elevation changes, or extended outdoor exposure during Adventure participation.

        7. psychological stress or anxiety that may arise from competitive gameplay, time pressure, or challenging Adventure objectives, particularly in situations requiring quick decision-making or navigation through unfamiliar areas.

      6. any other risks typically associated with outdoor urban activities.

    2. Device Safety and Distraction Prevention:

      1. you must prioritise your personal safety and the safety of others over Adventure participation at all times;

      2. when viewing Adventure clues or content on your device, you must:

        1. come to a complete stop in a safe location;

        2. ensure you are not obstructing pedestrian or vehicle traffic;

        3. maintain awareness of your surroundings while stopped;

        4. never view clues or content while walking, crossing streets, or navigating stairs or obstacles.

      3. you acknowledge that:

        1. Adventure participation requires frequent interaction with mobile devices;

        2. such interaction can be distracting and potentially dangerous;

        3. you are solely responsible for managing these distractions safely;

        4. no Adventure requirement supersedes your obligation to maintain safety.

    3. While participating in Adventures, you must:

      1. comply with all applicable traffic laws and road safety regulations;

      2. respect private property and adhere to trespassing laws;

      3. follow all local laws and regulations in your jurisdiction;

      4. maintain awareness of your surroundings at all times;

      5. wear appropriate clothing and footwear suitable for outdoor urban activities and weather conditions;

      6. exercise reasonable care and judgement for your safety and the safety of others;

      7. avoid dangerous or risky situations that could result in harm to yourself or others;

      8. use common sense and good judgement when interpreting and following Adventure Assets;

      9. not engage in any behaviour that could reasonably be expected to cause injury, harm, or damage to any person or property.

    4. You must not participate in Adventures if:

      1. you are under the influence of alcohol, drugs, or any substance that may impair your judgement or physical abilities;

      2. you have any medical condition that may put you at risk during physical activity;

      3. you are unable to maintain proper awareness of your surroundings;

      4. weather conditions or other environmental factors make participation unsafe.

    5. Team Participation Requirements:

      1. all participants must have registered individual Accounts on the Website;

      2. each participant must have accepted these Terms;

      3. all participants must be officially added as team members to the specific Adventure through the Website;

      4. you must not allow unregistered individuals to participate in Adventures.

    6. You acknowledge and agree that you participate in Adventures at your own risk. We are not responsible for any injuries, accidents, or losses that occur during your participation in Adventures. You are solely responsible for assessing and managing the risks associated with your participation. In the event of an emergency or safety incident, you must:

      1. For medical emergencies:

        1. immediately call emergency services (000) for serious injuries or health concerns;

        2. cease Adventure participation and seek appropriate medical attention;

      2. For safety threats:

        1. immediately remove yourself from any dangerous situation;

        2. contact police (000) if you encounter any criminal activity or immediate threats;

      3. Following any incident:

        1. report the incident through our Website's feedback system within 24 hours;

        2. provide accurate details of the incident, location, and any emergency services contacted.

    7. Personal Property Responsibility:

      1. you are solely responsible for the security and safekeeping of your personal belongings during Adventures, including but not limited to:

        1. mobile phones, tablets, and other electronic devices;

        2. wallets, purses, and their contents;

        3. cameras and photography equipment;

        4. any other personal items brought along during the Adventure.

      2. we are not responsible for any loss, theft, damage, or destruction of your personal belongings that occurs during your participation in Adventures;

      3. you should take appropriate precautions to protect your belongings, including securing valuable items and maintaining awareness of your surroundings.

      4. you acknowledge that participating in Adventures while using electronic devices requires extra care and attention. You must:

        1. ensure secure handling of all devices while walking, climbing stairs, or navigating urban environments;

        2. not use devices in a manner that compromises your safety or awareness of surroundings;

        3. take appropriate precautions to protect devices from environmental conditions, including but not limited to rain, heat, or cold;

        4. consider obtaining appropriate insurance coverage for valuable devices used during Adventures.

  8. Payment

    1. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

    2. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

    3. You agree and acknowledge that we can vary the Services Fee at any time.

    4. You acknowledge and agree that we may, at our sole discretion and without prior notice, suspend or terminate your access to the Website and Services if you breach these Terms or engage in any conduct that we believe, at our sole discretion, violates any applicable law or is harmful to our interests, our affiliates, or any third party.

      1. You acknowledge and agree that we may suspend or terminate your access to the Website and Services:

        1. upon 3 days written notice if you materially breach these Terms;

        2. immediately if your actions pose an immediate security risk; or

        3. after 14 days of payment default. Prior to suspension or termination for breach, we will provide written notice specifying the breach and allow 14 days to remedy the breach where reasonably possible.

  9. Refund Policy
    1. Satisfaction Guarantee

      1. We offer a money-back guarantee if you are not satisfied with your Adventure experience;

      2. to be eligible for a refund under this guarantee:

        1. you must have completed the Adventure in full;

        2. you must request the refund within 14 days of completing the Adventure;

        3. your Account must be in good standing and not in violation of these Terms;

        4. you have not received a refund for any Adventure within the previous three (3) months;

        5. no evidence of dissatisfaction is required to claim a refund under this guarantee;

        6. this satisfaction guarantee is limited to one (1) refund per Account every three (3) months.

    2. Application of Policy

      1. This Refund Policy applies to the extent that it does not conflict with your rights under the Australian Consumer Law;

      2. where any provision of this policy conflicts with your statutory rights under the Australian Consumer Law, those statutory rights will prevail;

      3. all other conditions of this policy that do not conflict with the Australian Consumer Law remain in effect.

    3. Discontinued Adventures

      1. For Adventures discontinued by us:

        1. refunds will be processed automatically without requiring a refund request;

        2. users with partially completed Adventures will receive a pro-rata refund based on the number of completed challenges;

        3. all refunds for discontinued Adventures will include an itemised breakdown of the refund calculation and will be accompanied by email confirmation.

    4. Account Suspension Refunds

      1. If your Account is suspended by us:

        1. you will receive a full refund for any pre-paid Adventures that have not been started;

        2. no refunds will be provided for Adventures that have been started or completed;

        3. refunds will be processed within 30 days of the suspension date;

        4. refunds will be credited to the original payment method used for purchase.

      2. In cases of account suspension due to:

        1. fraudulent activities;

        2. violation of applicable laws;

        3. conduct that poses an immediate risk to public safety or property;

        we reserve the right to withhold refunds only for the specific Adventure during which such conduct occurred, while still providing refunds for other unused Adventures.

    5. Additional Refund Rights

      1. We will provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services or if we make a decision, at our absolute discretion, that it is reasonable to do so under the circumstances.

      2. Any benefits set out in this Refund Policy apply in addition to your rights under the Australian Consumer Law.

    6. Requesting a Refund

      1. To request a refund:

        1. submit your refund request through your Account on the Website; or

        2. contact our customer support team via the contact details provided on the Website.

        3. Approved refunds will be processed within 30 days of the refund request being accepted. The refund will be credited back to the original payment method used for the purchase.

  10. Copyright and Intellectual Property

    1. The Website, the Services and all of our related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us or our contributors.

    2. All trademarks, service marks and trade names are owned, registered and/or licensed by us, and we grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

      1. use the Website pursuant to the Terms;

      2. copy and store the Website and the material contained in the Website in your device's cache memory; and

      3. print pages from the Website for your own personal and non-commercial use.

    3. You expressly acknowledge and agree that you shall not:

      1. sub-license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the license;

      2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website;

      3. access or use the Website for the purpose of building a similar or competitive website or service; or

      4. copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Website except as expressly permitted above.

    4. We do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by us.

    5. We retain all rights, title and interest in and to the Website, Adventure Assets, and all related Services. Nothing you do on or in relation to the Website will transfer any:

      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

    6. You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

    7. You agree to indemnify and hold harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.

    8. You acknowledge that any automated scraping, data mining, caching, indexing, or systematic downloading of our Website content is strictly prohibited without our express written consent. Any such unauthorised activities may result in immediate termination of your access and potential legal action, including claims for damages and injunctive relief. You acknowledge and agree that any attempt to circumvent our digital rights management systems, reverse engineer our content delivery mechanisms, or create unauthorised copies

    9. or archives of our digital content shall constitute a material breach of these Terms. Such actions may result in immediate account termination, forfeiture of all accessed content, and liability for damages including, but not limited to, lost revenue, technical remediation costs, and statutory damages of up to AUD $25,000 per infringement instance.

    10. You acknowledge and agree that any attempt to bypass, disable, or interfere with our content protection measures, including but not limited to encryption systems, access controls, or digital watermarks, shall be deemed wilful infringement. We reserve the right to implement technological measures to track and identify unauthorised access or reproduction of our digital content, and you expressly consent to such monitoring. Any detected circumvention attempts may result in immediate legal proceedings, mandatory compliance audits at your expense, and will be prosecuted to the maximum extent permitted by law, including both civil and criminal penalties.

  11. Privacy

    We take your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on the Website. In addition to our Privacy Policy, you acknowledge and agree that:

    1. we collect and process your personal information for purposes including account management, service delivery, communications, and legal compliance;

    2. your data may be stored on secure servers and processed by authorised staff and service providers;

    3. you have the right to access, correct, or request deletion of your personal information by contacting us; and

    4. we implement reasonable security measures to protect your data but cannot guarantee absolute security in data transmission over the internet.

  12. General Disclaimer

    1. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    2. Subject to this clause, and to the extent permitted by law:

      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

      2. we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products or Services (including our products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

      3. costs incurred as a result of you using the Website, the Services or any of our products; and

      4. the Services or operation in respect to links which are provided for your convenience.

    4. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

  13. Limitation of liability

    1. Except for liability arising from breach of Consumer Guarantees, our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to the greater of:

      1. the total amount paid by you to us in the 12 months preceding the event giving rise to the liability; or

      2. AUD $250.

    2. You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, including but not limited to:

      1. any injury, accident, or health issue arising from participation in Adventures;

      2. loss, theft, or damage to personal property during Adventure participation;

      3. incidents involving third parties, traffic, or urban infrastructure;

      4. any loss of profit (whether incurred directly or indirectly);

      5. any loss of goodwill or business reputation;

      6. any loss arising from following Adventure Assets or directions provided through the Services.

    3. Notwithstanding the above limitations, nothing in these Terms restricts, excludes, or modifies any consumer guarantees, warranties, undertakings or conditions implied or imposed by law, including the Australian Consumer Law (Consumer Guarantees), which by law cannot be restricted, excluded or modified. Where such Consumer Guarantees apply and cannot be excluded, and we breach any such guarantee, our liability is limited to, at our option:

      1. in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and

      2. in the case of services:

        1. resupply of the services;

        2. payment of the cost of resupplying the services; or

        3. compensation for reasonably foreseeable losses directly resulting from our failure to provide the Services in accordance with the Consumer Guarantees.

  14. Competitors

    1. If you are in the business of providing similar Services, or operating a similar service whether for commercial gain or not, including but not limited to scavenger hunts, location- based games, or urban exploration activities, whether for business users or domestic users, then you are a competitor of ours. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

    2. You agree that you will not:

      1. use our Services to develop, directly or indirectly, any product or service that competes with our Services;

      2. copy, reproduce, or reverse engineer any aspect of our Website or Services;

      3. create derivative works based on our Adventures or Adventure Assets;

      4. access our Services to build similar or competitive products or services;

      5. use any device, software, or routine that interferes with the proper working of the Website.

    3. For the purpose of this section, a competing service includes:

      1. any location-based game or activity service;

      2. any scavenger hunt or treasure hunt service;

      3. any urban exploration or city discovery service;

      4. any service that combines physical locations with digital content;

      5. any service substantially similar to our Services, whether operating commercially or not.

    4. In addition to any other remedies available to us, you agree that any breach of this section will result in:

      1. immediate termination of your Account and access to our Services;

      2. liability for any losses or damages we incur as a result of your breach;

      3. disgorgement of any profits or benefits you obtain from such breach;

      4. payment of our reasonable legal costs in enforcing this provision.

  15. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by us as set out below.

    2. If you want to terminate the Terms, you may do so by:

      1. providing us with 14 days' notice of your intention to terminate; and

      2. closing your accounts for all of the services which you use, where we have made this option available to you.

      Your notice should be sent, in writing, to us via the feedback section on our website.

    3. We may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision;

      2. we are required to do so by law;

      3. the provision of the Services to you by us is, in our opinion, no longer commercially viable.

    4. Subject to local applicable laws, we reserve the right to suspend or terminate your membership in the following circumstances:

      1. With immediate effect if you:

        1. materially breach these Terms;

        2. engage in conduct that poses an immediate risk to public safety or property;

        3. violate applicable laws in connection with your use of the Services;

        4. engage in fraudulent or illegal activities;

        5. repeatedly violate our safety guidelines during Adventures.

      2. With 14 days' written notice if:

        1. your conduct negatively impacts our name or reputation;

        2. we discontinue or substantially modify the Services;

        3. your account has been inactive for more than 12 months;

        4. we have reasonable grounds to believe you are using the Services for competitive purposes.

      3. In all cases of termination:

        1. you will be notified through your registered email address with specific reasons for the termination;

        2. you will have the right to appeal the decision within 14 days;

        3. any pre-paid fees for unused Services will be refunded in accordance with our Refund Policy;

  16. Indemnity

    You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;

    3. any breach of the Terms;

    4. any claim or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of:

      1. your breach of these Terms;

      2. your violation of any law or regulation;

      3. your violation of the rights of a third party;

      4. your use or misuse of the Services;

      5. any content you submit, post, transmit, or make available through the Services;

      6. any damage to property, whether public or private, caused during your participation in Adventures;

      7. any injury, harm, or loss suffered by any person as a result of:

        1. your actions or conduct during Adventures; or

        2. the actions or conduct of any third parties you interact with, encounter, or are exposed to during Adventures, whether such third parties are participants or members of the general public;

      8. any violation of traffic laws, trespassing laws, or other applicable regulations during your participation in Adventures;

      9. any consequences arising from your failure to follow safety instructions or guidelines provided through the Services;

      10. any claims arising from your irresponsible, negligent, or reckless behaviour during Adventures;

      11. any incidents or accidents resulting from your use of mobile devices or other electronic equipment while participating in Adventures;

      12. any claims arising from the actions or conduct of team members you have invited or allowed to participate in Adventures;

      13. any consequences of participating in Adventures while under the influence of any substance that may impair your judgement or physical abilities.

    5. You agree that if any third party brings a claim against us related to your actions during Adventures, you will:

      1. immediately notify us of any such claim;

      2. provide all reasonable assistance in defending such claim;

      3. be solely responsible for all costs associated with defending such claim;

      4. pay any judgement entered against us or settlement agreed to by you in connection with such claim.

    6. You acknowledge and agree that:

      1. your indemnification obligations survive the termination of these Terms and your use of the Services;

      2. you are responsible for maintaining appropriate insurance coverage for your participation in Adventures, including but not limited to personal liability insurance and health insurance;

      3. we may, at our sole discretion, assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences;

      4. you agree to indemnify and hold us harmless from any claims, losses, or damages arising from data privacy breaches caused by your unauthorised sharing of Service access, compromise of your account credentials, or integration of third-party applications with our Services;

      5. you agree to indemnify and hold us harmless from any claims, losses, or damages arising from your violation of applicable data protection laws, unauthorised modifications to the Services, or circumvention of our security measures;

      6. you agree to indemnify and hold us harmless from any claims, losses, or damages arising from your misuse of intellectual property rights, including unauthorised use of third-party content, trademarks, or copyrighted materials in connection with the Services.

  17. Dispute Resolution
    1. Compulsory

      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    2. Notice

      A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    3. Resolution

      On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

      1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

      2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute;

      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

      4. The Parties must provide to the mediator at least 28 days before mediation a short memorandum stating their respective positions and the mediator's fees shall be invoiced and paid in equal portions by both Parties no later than 7 days before the scheduled mediation date;

      5. The mediation will be held in Melbourne, Australia.

    4. Confidential

      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

    5. Termination of Mediation

      If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

    6. Online Dispute Resolution

      Where mutually agreed by the Parties, any mediation or preliminary negotiation may be conducted via video conference or other online platforms approved by the Resolution Institute. The Parties must ensure appropriate technical capabilities and maintain the same confidentiality and procedural standards as required for in-person proceedings.

  18. Venue and Jurisdiction

    1. The Services offered by us, including both the Website and Adventures, are intended to be viewed and used by residents of Australia. In the event of any dispute arising out of or in relation to:

      1. the Website or any of its content;

      2. participation in any Adventure;

      3. use of Adventure Assets;

      4. any aspect of the Services; or

      5. these Terms;

    2. you agree that:

      1. the exclusive venue for resolving any dispute shall be in Melbourne, Victoria, Australia;

      2. any matters not subject to arbitration under these Terms shall be resolved exclusively in the courts of Victoria, Australia;

      3. you submit to the personal jurisdiction of such courts for the purpose of litigating any such claims or disputes;

      4. any action arising out of or relating to these Terms must be commenced within the applicable statutory period under Victorian law;

      5. this jurisdiction applies regardless of where an Adventure is physically located or where any incident or dispute occurs.

  19. Governing Law

    The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  20. Severance

    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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