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Terms of Service

Legal terms and conditions for using our services

Effective Date: January 1, 2024

Last Updated: December 15, 2024

1. Acceptance of Terms

Welcome to Grow Helix Pty Ltd ("Grow Helix," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, services, and platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and Grow Helix.

2. About Grow Helix

Grow Helix is an Australian gaming technology company providing:

  • Game development services
  • Esports management and tournaments
  • Mobile gaming optimization
  • Gaming technology consulting
  • Related digital entertainment solutions

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian.

3.2 Account Information

When creating an account, you must provide accurate, current, and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Keeping your account information up to date

3.3 Business Accounts

For business accounts, you represent that you have the authority to bind your organization to these Terms.

4. Use of Services

4.1 Permitted Use

You may use our Services for lawful purposes and in accordance with these Terms. This includes:

  • Accessing information about our services
  • Engaging our professional services
  • Participating in our gaming platforms and communities
  • Communicating with our team and other users

4.2 Prohibited Activities

You agree not to:

  • Use our Services for any illegal or unauthorized purpose
  • Violate any laws, regulations, or third-party rights
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems
  • Interfere with the operation of our Services
  • Reverse engineer, decompile, or disassemble our software
  • Use automated systems to access our Services without permission
  • Impersonate any person or entity
  • Harass, threaten, or intimidate other users
  • Distribute spam, malware, or other harmful content

5. Service Descriptions and Availability

5.1 Service Descriptions

We strive to provide accurate descriptions of our Services. However, we do not warrant that all descriptions are complete, current, or error-free.

5.2 Service Availability

We aim to provide continuous access to our Services but cannot guarantee uninterrupted availability. Services may be temporarily unavailable due to:

  • Scheduled maintenance
  • Technical difficulties
  • Force majeure events
  • Third-party service disruptions

5.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

6. Payment Terms

6.1 Pricing

Service pricing is displayed on our website and in our proposals. All prices are in Australian Dollars (AUD) unless otherwise specified.

6.2 Payment Processing

Payments are processed through secure third-party payment processors. You agree to provide accurate payment information and authorize us to charge your chosen payment method.

6.3 Billing and Invoicing

For custom services, we will provide detailed invoices with payment terms. Late payments may incur additional charges as permitted by law.

6.4 Refunds

Refund policies vary by service type and will be specified in your service agreement. Generally, custom development work is non-refundable once commenced.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of our Services are owned by Grow Helix and protected by copyright, trademark, and other intellectual property laws. This includes:

  • Website design and content
  • Software and applications
  • Logos, trademarks, and branding
  • Proprietary development methodologies
  • Documentation and materials

7.2 User Content

By submitting content to our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for the purpose of providing our Services.

7.3 Client Work Product

For custom development projects, intellectual property rights in the final work product will be specified in the project agreement.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. User Content and Conduct

9.1 Content Standards

Any content you submit must be:

  • Accurate and not misleading
  • Respectful and appropriate
  • Compliant with applicable laws
  • Not infringing on third-party rights

9.2 Content Moderation

We reserve the right to review, edit, or remove any user content that violates these Terms or is otherwise objectionable.

9.3 Community Guidelines

When participating in our gaming communities, you must respect other users and follow our community guidelines.

10. Third-Party Services and Links

Our Services may include links to third-party websites or integrate with third-party services. We are not responsible for the content, practices, or availability of these external services.

11. Disclaimers and Warranties

11.1 Service Warranty

We provide our Services with professional care and skill. However, to the maximum extent permitted by law, our Services are provided "as is" without warranties of any kind.

11.2 Disclaimer of Warranties

We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation

11.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights under Australian Consumer Law where such exclusion would be prohibited.

12. Limitation of Liability

12.1 Limitation of Damages

To the maximum extent permitted by law, our total liability for any claims arising from these Terms or our Services shall not exceed the amount you paid us in the 12 months preceding the claim.

12.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

12.3 Australian Law Compliance

Our liability limitations comply with Australian law and do not exclude liability for death, personal injury, or fraud.

13. Indemnification

You agree to indemnify and hold harmless Grow Helix from any claims, damages, losses, or expenses arising from:

  • Your violation of these Terms
  • Your use of our Services
  • Your violation of any third-party rights
  • Any content you submit or transmit

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using account settings if available.

14.2 Termination by Us

We may terminate or suspend your access to our Services immediately if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Pose a security risk to our Services
  • Fail to pay fees when due

14.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions that should survive termination will remain in effect.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia.

15.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

15.3 Dispute Resolution Process

Before initiating legal proceedings, we encourage resolving disputes through:

  1. Direct negotiation
  2. Mediation
  3. Arbitration (if agreed by both parties)

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Grow Helix.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time.

16.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting updated Terms on our website
  • Sending email notifications
  • Providing in-service notifications

Your continued use of our Services after such changes constitutes acceptance of the updated Terms.

18. Contact Information

If you have questions about these Terms, please contact us:

Grow Helix Pty Ltd
Legal Department
Level 15, 1 Collins Street
Melbourne VIC 3000
Australia

Email: [email protected]
Phone: +61 3 9123 4567
Website: grow-helix.com

These Terms of Service were last updated on December 15, 2024, and are effective immediately.

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Australia's leading gaming technology company, delivering innovative solutions for the digital entertainment industry.

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Contact Info

Address:
Level 15, 1 Collins Street
Melbourne VIC 3000
Australia

Phone: +61 3 9123 4567

Email: [email protected]

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