ALCOHOOLIGANS PLATFORM TERMS AND CONDITIONS

1. GENERAL

1.1 The Alcohooligans’ website (www.alcohooligans.com) and mobile application (collectively, the Alcohooligans Platform) is operated by Little Raven Applications (ABN 19 525 767 730) (we, our or us).

1.2 By downloading, accessing and using the Alcohooligans Platform, you acknowledge that you have read, understood and accept the Alcohooligans Platform User Terms and Conditions (Agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this Agreement, you must not download, access and use the Alcohooligans Platform, and you will not be able to access or otherwise use Content provided by the Alcohooligans Platform to users.

1.3 In this Agreement, user, you and your means the individual who downloads, accesses or uses the Alcohooligans Platform (and includes anyone acting on your behalf or with your express or implied authority) and participant means any individual whose has not downloaded and accessed the Alcohooligans Platform, but who has been invited or added to a drinking game, activity or challenge by the user with their actual or implied consent.

2. TERM

2.1 This agreement will commence on the date you download the Alcohooligans Platform and shall continue until terminated in accordance with the terms (Term).

3. ACCESS RIGHTS

3.1 Subject to the terms of this Agreement, we grant you for the Term a non-exclusive, personal, revocable, non-transferable and non-sub-licensable licence to download, access and use the Alcohooligans Platform. You must only download, access and use the Alcohooligans Platform for entertainment and personal purposes. Unless we provide you with written consent, you are not entitled to access and use the Alcohooligans Platform for any commercial, business or re-sale purpose.

3.2 You will not acquire, or be entitled to, any rights other than those rights expressly set out in this Agreement.

3.3 In order to access the Alcohooligans Platform, you must be over the legal drinking age in your jurisdiction and legally able to enter into contractual relations. For example, the legal drinking age in Australia is 18 years of age. If you are under the legal drinking age in your jurisdiction you must immediately cease and refrain from accessing or using the Alcohooligans Platform. Your continued use of the Alcohooligans Platform constitutes an acknowledgement by you that you are over the legal drinking age in your jurisdiction.

4. YOUR OBLIGATION

4.1 When accessing and using Alcohooligans Platform during the Term, you must at all times:

(a) obtain and maintain all hardware, software and communications equipment necessary to access, and use the Alcohooligans Platform;

(b) comply with all Relevant Laws with respect to your obligations under this Agreement;

(d) notify participants you of the terms and conditions of this Agreement and read or otherwise notify the participants of the warnings and disclaimers displayed on, or via, the Alcohooligans Platform before commencing a drinking game, activity or challenge.

4.2 We will not be liable to you, a participant or anyone else if, for any reason, the Alcohooligans Platform is unavailable at any time or for any period. From time to time, we may suspend or restrict access to all, or some parts of the Alcohooligans Platform. You are also responsible for ensuring that all persons who access the Alcohooligans Platform (such as through your internet connection, mobile phone, computer or any other device) are aware of this Agreement, and that they comply with them.

4.3 You must not:

(a) violate any Alcohooligans IP or any third party Intellectual Property Rights;

(b) copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the Alcohooligans Platform, or any other third party software that you may access or use through the Alcohooligans Platform, in any way;

(c) download or access all or any part of the Alcohooligans Platform in order to build a product, service or code which competes or reproduces the Alcohooligans Platform (in full or part);

(d) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Alcohooligans Platform in any way, or otherwise learn the source code or algorithms underlying the Alcohooligans Platform;

(e) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Alcohooligans Platform;

(f) engage in any activity or conduct that is in breach of any Relevant Laws;

(g) allow. target or encourage non-users or non-participants of the Alcohooligans Platform to participate in the drinking games, activities or challenges (regardless of whether the drinking game, activity or challenge was created by us or the user) or invite a non-user to participate in a drinking game, activity or challenge without their consent. .

4.4 When accessing and using the Alcohooligans Platform (including when you participate in a drinking game, activities or challenge displayed, published or listed on, or via, the Alcohooligans Platform), users and participants must drink responsibly and with moderation. If you believe you, a participant or a third party may suffer any injury or illness or cause loss or damage to any property as a result of, or in connection with, the use of the Alcohooligans Platform, directly or indirectly, you should either:

(a) not use, or immediately cease using, the Alcohooligans Platform; or

(b) select a different game, activity or challenge displayed on, or via, the Alcohooligans Platform.

5. YOUR USER DATA

5.1 The Alcohooligans Platform is a platform that allows users to create drinking games, activities and challenges that other users of the Alcohooligans Platform can participate in. For the purpose of providing you with access to, and use of, the Alcohooligans Platform, we may collect information (including Personal Information), such as your full name, email address, location and payment details (collectively, User Data).

5.2 Users of the Alcohooligans Platform are responsible for the accuracy of all representations made in any User Data published, displayed or listed by them on, or via, Alcohooligans Platform. To the maximum extent permitted by Relevant Laws, we do not warrant that the drinking games, activities or challenges, products, services or User Data displayed, listed, or offered on the Alcohooligans Platform are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the drinking games, activities or challenges, products, services or User Data offered or displayed on, or via, the Alcohooligans Platform.

5.3 You agree to make your own enquiries to verify information displayed on, or via, the Alcohooligans and to assess the suitability of any drinking games, activities and challenges before you participate in such games, activities and challenges. If you to participate in any drinking games, activities and challenges published, listed or displayed on, or via, the Alcohooligans Platform, you do so at your own risk.

5.4 Any opinions, warranties, representations, advice, statements, products, services, offers, drinking games or challenges, User Data or other information, displayed, listed or made available by another user of the Alcohooligans Platform are those belonging of the respective user.

6. PREMIUM ACCOUNT AND FEES

6.1 There is no fee to download, access and use the basic features of the Alcohooligans Platform. However, if you wish to access and use the advanced functions and features of the Alcohooligans Platform (Premium Features), you must pay the fees in advance as described on the Alcohooligans Platform (Fees). The Fees are payable in local currency and are inclusive of any goods and services or value added tax (or similar tax).

6.2 We may, at our absolute discretion, grant you a refund if you request a refund of the Fees, via the support link on the Alcohooligans Platform. For example, we may grant you a refund in the event of an accidental or inadvertent purchase, provided you request the refund within 2 hours of making payment of the Fees.

6.3 Payment of the Fees must be made by credit card, debit card, PayPal or any other payment method made available by the Google Play Store. We or the Google Play Store may, at its absolute discretion and without notice, change the payment methods that can be used to access and use the Premium Features of the Alcohooligans Platform.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 You acknowledge that we, or our licensors, are the owner of the Alcohooligans Platform (or any Intellectual Property Rights contained therein) including any information, Content, drinking games, activities and challenges that may be provided to, or accessed by, you in connection with your use of the Alcohooligans Platform (including any modifications, enhancements of the foregoing (collectively, the Alcohooligans IP). Accessing and using the Alcohooligans Platform does not give you (or anyone else) ownership of, or any right, title or interest in the Alcohooligans IP.

7.2 Ownership of any User Data will vest in the creator of that User Data, but excluding Alcohooligans IP.

7.3 You grant us a worldwide, non-exclusive, royalty-free, perpetual, non-transferable licence to use, disclose, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy your User Data (and all Intellectual Property contained therein) for the purpose of:

(a) enabling us to provide you with access to, and use of the Alcohooligans Platform, and otherwise perform our obligations and exercise our rights under this Agreement;

(b) informing you of products, services or events that we may offer from time to time or in relation to third party products;

(c) identifying usage patterns, trends, and other statistical or behavioural data derived from use of the Alcohooligans Platform, in aggregated anonymized form, for the purposes of providing, operating, maintaining, or improving the Alcohooligans Platform and for marketing purposes as further described in our Privacy Policy; and

(d) sharing User Data with an Affiliate or other third party (with whom we may contract or be affiliated with from time to time) for the purposes of performing or improving the Alcohooligans Platform.

8. OUR OBLIGATIONS

8.1 Subject to your compliance with the terms of this Agreement, we shall use reasonable endeavours to provide you with access to and use of the Alcohooligans Platform.

8.2 In the event that we fail to provide you with access and use of the Alcohooligans Platform accordance with clause 8.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 8.1.

9. NO WARRANTIES

9.1 We do not advocate, endorse, promote or encourage:

(a) the excessive consumption or abuse of alcohol;

(b) drinking alcohol if you or the participant are under the legal drinking age in your jurisdiction;

(c) undertaking or participating in activities which may be dangerous while under the influence of alcohol. For example, we do not encourage driving or swimming while under the influence of alcohol;

(d) you, a participant or anyone else to undertake drinking games, activities or challenges on, or via, the Alcohooligans Platform that may be harmful or dangerous to you, a participant or a third party.

9.2 To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the Alcohooligans Platform.

9.3 Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

9.4 You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security of the Alcohooligans Platform (or any User Data, products or services provided in connection with the Alcohooligans Platform) and we will not be liable if the Alcohooligans Platform is, or becomes unavailable for any reason, including directly, or indirectly as a result of:

(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b) negligent, malicious, wilful acts or omissions of third parties (including third party service providers) or other users;

(c) maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the Alcohooligans Platform;

(d) services provided by third parties (including internet service providers) ceasing or becoming unavailable; or

(e) a Force Majeure Event.

9.5 You acknowledge that, to the maximum extent permitted by Relevant Laws, we do not make any warranty or representation:

(a) that any information uploaded or made available to you by us or another users of the Alcohooligans Platform (including any User Data) or any Content made available or offered on, or via the Alcohooligans Platform is accurate, complete, reliable, current or error-free, virus free or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis; and

(b) as to the existence, quality, legality, or availability of the drinking games, activities or challenges, services or products that may be offered, listed or published on, or, via, the Alcohooligans Platform.

9.6 You acknowledge that your access to, and use of, the Alcohooligans Platform and use may be interrupted or unavailable during scheduled or unscheduled maintenance.

10. LIMITATION OF LIABILITY

10.1 To the maximum extent permitted by Relevant Laws, we will not be liable to you, a participant or any third party for:

(a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;

(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or

arising out of, relating or connected to, the provision or use of the Alcohooligans Platform (including any User Data, any drinking games, activities or challenges, products or services published, displayed or provided in connection with the Alcohooligans Platform) and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

10.2 All risk in using the Alcohooligans Platform passes to you upon downloading the Alcohooligans Platform, or otherwise accessing or using the Alcohooligans Platform (whichever is earlier). We do not control or direct what User Data is uploaded, shared, published, posted or otherwise transmitted by users on, or via, the Alcohooligans Platform, and we are not responsible to you or anyone else for any actions, activities, conduct or transactions (whether online or offline) that occur as a result of, or in connection with your access to, and use of, the Alcohooligans Platform (or your use or participation in any drinking games, activities or challenges).

10.3 To maximum extent permitted by Relevant Laws, under no circumstances will our aggregate liability to you, a participant or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed ten dollars (AUD $10).

10.4 You agree to defend, indemnify and hold us, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out, of:

(a) the access to, and use of, the Alcohooligans Platform by you, a participant or any third party (including, the use of products or services or the use of, or participation in, any drinking games, activities or challenges published, displayed or made available to you on, or via, the Alcohooligans Platform);

(b) any breach of any third party’s Intellectual Property Rights or other rights caused by you; or

11. PRIVACY

All Personal Information you provide to us to download, access and use Alcohooligans Platform, is subject to our Privacy Policy, which is incorporated into this Agreement. You warrant that, in relation to any Personal Information comprising User Data or any other information disclosed to us on, or via, the Alcohooligans Platform:

(a) it has been collected in accordance with Privacy Laws;

(b) you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Alcohooligans Platform; and

(c) you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for us to use, disclose, store, transfer, process or handle it.

12. TERMINATION

12.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):

(a) the Alcohooligans Platform;

(b) the Premium Features of the Alcohooligans Platform; or

(c) any events, social media page, networks, drinking games, activities or challenges, products and services offered on, or via the Alcohooligans Platform.

12.2 You may terminate this Agreement at any time by deleting the Alcohooligans Platform from your android device or computer.

12.3 We may terminate this Agreement or discontinue any function or feature of the Alcohooligans Platform at any time (without liability to you) by one days’ written notice to you.

12.4 Cause for such suspension or termination may include, but are not be limited to:

(a) any serious or repeated breaches or violations of this Agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;

(b) serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;

(d) your activities, conduct or transactions on, or, via, the Alcohooligans Platform, brings, or has the capacity to bring, us into disrepute;

(e) requests by law enforcement or other government agencies.

12.5 You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.

13. EFFECT OF TERMINATION

Upon termination of this Agreement for any reason:

(a) we may (without liability to you or any third party) delete or otherwise dispose of any User Data in our possession; and

(b) all licences to use the Alcohooligans Platform and rights of access granted under this agreement will immediately terminate.

14. Force Majeure

We shall not be responsible to you (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).

15. UPDATES AND VARIATIONS

15.1 Without notice to you, we may, at out absolute discretion, from time to time:

(a) change, add or delete the functions, features, performance, or other characteristics of the Alcohooligans Platform; or

(b) apply or install updates to, or new versions of, the Alcohooligans Platform

15.2 You acknowledge that the Content on the Alcohooligans Platform is subject to change at any time and may be out of date at any given time. We are under no obligation to:

(a) provide any user support services, update, correct or fix any Content or the Alcohooligans Platform; or

(b) notify you of any changes to the Content or the Alcohooligans Platform unless required by law to do so.

15.3 Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on the Alcohooligans Platform. Any changes are effective immediately upon posting to the Alcohooligans Platform. Your continued use of the Alcohooligans Platform thereafter constitutes your acceptance of all such changes to the Agreement.

15.4 Please read this Agreement before using the Alcohooligans Platform as the Agreement may have changed since the last time you accessed and used the Alcohooligans Platform. If you do not agree to any change, then you must immediately stop using the Alcohooligans Platform.

16. SEVERABILITY

If any provision in this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of this Agreement which will continue in full force and effect.

17. RELATIONSHIP

No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this Agreement.

18. ENTIRE AGREEMENT

This Agreement, any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).

19. JURISDICTION AND APPLICABLE LAW

19.1 The Alcohooligans Platform is created and controlled by us in the State of New South Wales, Australia. As such, the laws of the State of New South Wales will govern this Agreement.

19.2 By using the Alcohooligans Platform you submit to the exclusive jurisdiction of the courts of New South Wales and agree that any legal action will only be commenced in this forum.

20. DEFINITIONS

In this Agreement, the following words shall have the following meanings:

(a) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.

(b) Alcohooligans IP has the meaning given to it by clause 7.1.

(c) Alcohooligans Platform means the platform made available through the Website and mobile application owned, operated and managed by us, including any systems, Content and server software, the computer hardware on which the platform, application, database, system, Content and server software is installed, and all Intellectual Property contained therein, provided or otherwise made available by us.

(d) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Alcohooligans Platform.

(e) Fees has the meaning in clause 6.1.

(f) Force Majeure Event has the meaning in clause 14.

(g) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.

(h) participant has the meaning in clause 1.3.

(i) Personnel means any director, officer, employee or contractor of the party.

(j) Personal Information means data by which a person may be personally identified, including a person's name, postal address, email address, telephone number and any other information a party collects, including that which is defined as personal or personally identifiable information under any applicable Privacy Laws.

(k) Premium Features has the meaning in clause 6.1.

(l) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which the user is located.

(m) Privacy Policy means our privacy policy available at www.alcohooligans.com/ or any other internet site notified by us from time to time, which is incorporated into this Agreement.

(n) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.

(o) Term has the meaning in clause 2.1

(p) User Data has the meaning in clause 5.1.

(q) we, our or us means Brendan Coetzer (ABN 19 525 767 730), and where the context permits, includes our Personnel and Affiliates.

(r) Website refers to the following www.alcohooligans.com/

(s) user, you or your has the meaning in clause 1.3.