Player Terms and Conditions

Fyndle Player terms and Conditions

Fyndle terms and conditions

Last Updated: November 15, 2015

1. Definitions and General Provisions

a. Definitions:

i. Fyndle: Fyndle Pty Ltd

ii. Fyndle Services and Applications: all services offered through the website domain and their contents, including (but not limited to)
Treasure Hunts, Accounts, Free accounts, Customer Accounts, Player Accounts and the Fyndle Script.

iii. Customer Account: a customer account created on the website by completing the appropriate form
called “Sign up for Fyndle”.

iv. Player Account: An account created on the website by completing the appropriate form, called “Sign up as a player” . A Player account
includes access to and use of the pages and features on the domain, including (but not limited to) My Treasure hunts, My Account and My

v. Fyndle script: a script in the JavaScript programming language, placed in the HTML code of each of a Treasure Hunt Website’s pages. Placing the script
as described here is a requirement without which a Treasure Hunt cannot be created on a Treasure Hunt Website.

vi. Treasure Hunt: a game created by a Customer where (a) prize(s) can be won by Players Players by finding a Treasure Hunt Logo.

vii. Treasure Hunt Website: the website where one or more Treasure Hunts are being held, i.e., where one or more Treasure Hunt Logos can be can be found.

viii. Treasure Hunt Logo: An image described on the Treasure Hunt Invitation, that needs to be found for a Player to be eligible for winning a Treasure
Hunt’s prize.

ix. Treasure Hunt Prize: an good or service that is described in a Treasure Hunt Invitation, that Players are eligible to win if they find the Treasure
Hunt Logo. If an Eligible Player becomes a Treasure Hunt Winner, Customer is obliged to send or otherwise make available one of the Treasure Hunt Prizes to
the Treasure Hunt Winner within 4 calendar weeks.

x. Treasure Hunt Duration: the period during which one or more Treasure Hunt Logos can be found in a Treasure Hunt.

xi. Treasure Hunt Invitation: a popup screen shown on a Treasure Hunt Website for the Treasure Hunt Duration, that explains the terms of the Treasure Hunt
and allows a visitor to the Treasure Hunt Website to either agree to the terms and become a Player, or decline to agree, in which case the visitor does not
become a Player. Agreeing or declining is done by clicking the corresponding button on the Treasure Hunt Invitation.

xii. Player: a person who indicates they want to participate in a Treasure Hunt by clicking ‘I agree’ on a Treasure Hunt Invitation.

xiii. Treasure Hunt Eligible Player: any Player who finds the Treasure Hunt Logo and clicks on it, then agrees to create a Player Account, becomes an
Eligible Player. Only Eligible Players can become a Treasure Hunt Winner

xiv. Treasure Hunt Prize Allocation: the process by which at the end of the Treasure Hunt Duration, a set of Treasure Hunt Winners is determined from the
set of Treasure Hunt Eligible Players.

xv. Treasure Hunt Winner. An Eligible Player who has been chosen as a prize winner in the Treasure Hunt Prize Allocation.

xvi. Prize: a good or service that the customer is obliged to deliver to the winner of a treasure hunt.

xvii. Player Participation: if a visitor to the Treasure Hunt Website becomes a Treasure Hunt Player, this counts as 1 Player Participation.

b. General provisions

i. is a trademark Fyndle Pty Ltd, and registered in the Australian Business Name register 98 609 338 981).The Treasure Hunts held on the website are facilitated by Fyndle Pty Ltd (hereinafter “Fyndle”).

ii. Fyndle is not liable for any damage to Players and / or customers as a result of force majeure or technical reasons can not meet these conditions.

iii. Fyndle is not responsible or liable for any breach of local laws of regulations by Customers.

2. Participation conditions

a. Everyone, with the exception of the persons referred to in Section 2.1.2, is entitled to participate in a Treasure Hunt.

b. Employees of Fyndle may never be a Treasure Hunt Winner.

c. Employees of Customer may never be a Treasure Hunt Winner in a Treasure Hunt created by Customer.

d. Visitors of a Treasure Hunt Website who do not meet the requirements as described in the Treasure Hunt Invitation, cannot be a Treasure Hunt Winner in
that Treasure Hunt.

e. Fyndle, Customers and Players shall be bound by these conditions. Players accept these conditions by agreeing to the terms as described or referenced in
the Treasure Hunt Invitations. Customers accept these conditions by indicating they agree with them when registering a Customer Account.

f. Sending the Player Registration Form is possible if at least the email address of the Player and password are completed and if the Player on the form
indicates agree to these Terms and Conditions and Privacy Policy.

g. If a Player password does not know he or she can click the link ‘forgot password?’ Player Participations, or enter their email address and find out from
him / her by e-mail information sent to his or her password.

3. Playing Treasure Hunts

a. Players compete for prices by taking part in Treasure Hunts.

b. The aim of participating in a Treasure Hunt is finding the Treasure Hunt Logo as shown in the Treasure Hunt Invitation.

c. If a Player sees the Treasure Hunt Logo on the Treasure Hunt Website, clicking on the logo and logging into their Player Account, makes them Eligible
Players in that Treasure Hunt.

d. Players younger than 18 need to show the Customer written permission from their legal representatives to be able to become a Prize Winner.

e. If a Player becomes a Treasure Hunt Winner, and it becomes apparent for any reason that the Player does not meet all requirements for being a Treasure
Hunt Winner as set out in these Terms, that Player is no longer a Treasure Hunt Winner in that Treasure Hunt. A new Eligible Player will become a Treasure
Hunt Winner instead.

4. Winners and Prizes

a. The Treasure Hunt Prize Allocation process is subject to local laws in Customer’s country and Customer is responsible for knowing these laws and
choosing a Treasure Hunt Prize Allocation that is in accordance with these laws. The Treasure Hunt Prize Allocation must be performed in such a way that a
number of Winners is selected equal to the number of Prizes in a Treasure Hunt and that a record is made of which Winner wins which Prize, where each
Winner wins 1 Prize.

b. A Player who clicks on the Treasure Hunt Logo on the Treasure Hunt Website, and indicates they are eligible to become a Treasure Hunt Winner (based on
the requirements described in the Treasure Hunt Invitation), and logs into their Player Account, becomes an Eligible Player.

c. Players and Eligible Players cannot become a Treasure Hunt Winner if they do not meet the requirements set forth in the Treasure Hunt Invitation.

d. Winners of the contest can only claim the Prize after they fully and accurately indicated their contact details through the appropriate web form in
their Player Account.

e. The Treasure Hunt Winners are automatically notified via e-mail after the Treasure Hunt Prize Allocation is complete.

f. Eligible Players who do not become Treasure Hunt Winners do not receive a notification.

g. A Prize can not be exchanged for cash.

5. Processing of personal data

a. The Customer warrants that all of the requirements for the lawful processing are met for personal data entered by the Customer when using the Fyndle
Services and Applications.

b. The responsibility for the data obtained and/or processed when the Customer uses Fyndle Services and Applications lies with the Customer. The Customer
guarantees to Fyndle that the data is not unlawful(ly) (acquired) and do not infringe the rights of third parties. The Customer gives Fyndle indemnity from
claims made by any third party in connection with the processing of this data or the execution of the agreement.

c. Under the law governing the processing of personal data (such as the Data Protection Act) the Customer has obligations towards third parties, such as
the obligation to provide information, as well as allow the inspection, correction and removal of personal data of data subjects. The responsibility for
compliance with these obligations rests solely with Customer. The parties agree that, as far as is relevant, Fyndle is considered an “editor” in regard to
the processing of personal data within the context of the Data Protection Act. Fyndle shall, as far as is technically possible, cooperate if a Customer
must meet obligations under legislation concerning the processing of personal data. The costs of such cooperation are not included in the agreed prices and
fees of Fyndle Services and Applications included and are payable by the Customer.

6. User Support

a. Customers can direct questions and comments by sending an email to [email protected].

b. So that Fyndle may answer questions and provide support as well as possible, a customer request must meet the following conditions: a) The notification
must be made bythe Customer, b) All instructions made available by Fyndle regarding the use of the Fyndle Services and Applications are observed and c) the
request contains a sufficiently clear description of the question or comment.

7. Pricing and payment

8. Liability and Indemnity

a. Except in cases of gross negligence, Fyndle accepts no liability for damage resulting from or in connection with the use or inability to use (parts of)
Fyndle of the Services and Applications or the performance or improper or late execution of the Fyndle Services and Applications. Notwithstanding the
foregoing, the liability of Fyndle to the Customer always be limited to the amount paid by the Customer to Fyndle during the period in which the damage

b. Customer indemnifies Fyndle including its staff against third party claims, in connection with or arising from the use, abuse or inability to use the
Fyndle Services and applications, including but not limited to, an alleged infringement of intellectual property rights and obligations under the Data
Protection Act.

9. Transfer of rights

a. Fyndle is permitted to transfer its rights under this Agreement to third parties.

b. The Customer is only permitted to transfer rights under this Agreement to a third party following receipt of written consent from Fyndle. Fyndle is
entitled to withhold this consent without providing reasons.

10. Other provisions

a. If Fyndle measures its level of service and availability, availability is measured excluding the previously announced decommissioning due to maintenance
and extraneous circumstances that lie beyond the control of Fyndle and in compliance with the service as a whole during the term of the agreement. Barring
any proof to the contrary, Fyndle’s measures of availability and service shall be conclusive evidence.

b. The Terms set out here and the resultant rights and obligations are governed by Australian law and must be interpreted according to Australian law.
Disputes arising out of or relating to the Fyndle Services and Applications and these conditions or any part thereof, can be submitted via email to
[email protected]

c. Destruction or invalidity of one of the provisions of these conditions does not affect the legal validity of the remaining provisions.

d. Fyndle may from time to time modeify the present Terms and the Fyndle Privacy Policy. The Terms and Conditions will apply as described on the website of, If the Customer does not agree to the amended Terms, the Customer may terminate Customer’s account in the manner described in Article 5.

11. Provisions remaining in effect

a. Upon termination or cancellation of the agreement, the provisions 1b, 5 and 5j shall remain in full force and effect.

12. Contact Details

Fyndle Pty Ltd

6/10 Hodgson Avenue

Cremorne Point NSW 2090


Email: [email protected]

ABN: 98 609 338 981