Updated September 2024
DFRAG MEDIA GROUP PTY LTD TERMS OF SERVICE
ACCEPTANCE OF TERMS
1.1 Thank you for using our website located at www.dfrag.gg (‘Platform’). The Platform is operated by DFRAG MEDIA GROUP PTY LTD (‘DFRAG’) under the following terms of service (‘Terms’) with:
- 1.2 This is a licence and not a sale, and DFRAG continues to own any intellectual property rights in the platform content. These Terms cover any services or features made available to you under a billing plan.
- 1.3 Access to this Platform is granted when you register for a member account with DFRAG and accept our Terms and Privacy Policy. You agree to be bound by the Terms and our Privacy Policy by using the Platform.
- 1.4 Please read these Terms carefully. These Terms govern and apply to all and any use, access, and availability of our products and services under any type of plan made available to you (collectively, the ‘Service’). If you do not agree to the Terms, you must not use the Platform.
- 1.5 We may amend the Terms at any time to reflect changes in our industry, the law, or industry standards. By continuing to use the Platform, you accept the Terms as they apply from time to time.
DEFINITIONS
Unless the context requires otherwise, the following definitions apply in these Terms and the singular includes the plural and vice versa.
- Account means a member account to the Platform.
- AI means artificial intelligence or machine learning algorithms, models, systems, tools, platforms, services, or other technologies.
- Billing Period means the period applicable to the subscription purchased through the Platform, whether monthly, annual, or a custom plan.
- Claim means, in relation to a party, a demand, claim, action, or proceeding made or brought by or against that party, however arising, whether present, unascertained, future, or contingent.
- Consequential Loss means loss of revenue, profits, anticipated savings, business, pure economic loss, data, or any other form of indirect or consequential damages.
- Force Majeure Events means an event beyond the reasonable control of a party, including acts of God, fire, flood, war, civil commotion, strikes, terrorism, and other similar events.
- Geo Pricing means that the pricing for the fees to purchase our service is based on geographical location.
- Insolvency Event means when a person or business is insolvent, under administration, or having a controller appointed over their assets.
- Intellectual Property means all intellectual property rights, including copyrights, patents, trademarks, design rights, trade secrets, and other similar rights.
- Liability means any debt, obligation, cost, expense, loss, damage, or compensation, including arising from third-party claims.
- Loss means any cost, expense, loss, or damage, whether direct, indirect, or consequential.
- Platform means dfrag.gg.
- Subscription means the monthly, annual, or custom plan selected or made available to you.
ACCOUNT REGISTRATION
3.1 Accessing the Service
To obtain access to the Platform, you must register for an Account with DFRAG. By registering for an Account, you will be required to accept the Terms and our Privacy Policy by clicking “I accept” in the user interface. Any reference to “you” or “your” in these Terms means you as a Member of the Platform.
3.2 Subscriptions
- (a) You acknowledge that we offer different subscription plans in relation to our services, and it is your sole responsibility to determine which type is appropriate for you or your business.
- (b) You must select your Billing Period at the time of purchase. Your Billing Period will be charged at the time of registration and at the beginning of each subsequent renewal (‘Renewal Period’).
- (c) This agreement shall automatically renew based on your Billing Period unless you notify us of your intent not to renew within 30 days of, and at least 48 hours prior to, the expiration of the current Billing Period.
- (d) We may elect at our sole discretion not to renew your subscription. If we do not renew your membership, we will notify you before the last day of your current subscription.
3.3 Registration Data
- (a) As part of the registration process, you must provide current, complete, and accurate identification and other information required during the registration process, including:
- A valid email address;
- Preferred username;
- The geographical location of your site; and
- A password.
- (b) You warrant that any information you provide is accurate and complete in all respects.
- (c) You are responsible for keeping any usernames and passwords associated with your Account secure. You assume full risk and liability for any unauthorized use of your Account.
SUBSCRIPTION PLANS
4.1 Your Account must be active and current to access a subscription for our service.
4.2 Subscriptions can be purchased through your Account. The Fees for the relevant Subscription tier will be the fees specified on the Platform according to the tier purchased.
4.3 Subscriptions are billed monthly or annually unless otherwise authorized by us in writing.
4.4 Access to the service is available only for an active subscription and during the Billing Period.
OTHER RESTRICTIONS ON USE
You agree not to:
- (a) Use the platform in a pornographic, defamatory, fraudulent, or otherwise illegal manner;
- (b) Post anything that infringes the rights of any third party or violates any law or regulation;
- (c) Use data mining or similar automated data gathering methods to access the Platform;
- (d) Remove or tamper with any copyright or trademark notices on the Platform.
REFUND POLICY
6.1 Any Fees paid by you are final and non-refundable. Orders for the service cannot be canceled or refunded after payment is processed, except as required by law.
6.2 We handle returns and process refunds for defective products and services in accordance with the law in relevant jurisdictions.
INTELLECTUAL PROPERTY
7.1 The intellectual property in the content on the Platform is protected by copyright under the laws of Australia and international treaties.
7.2 All rights (including copyright) in the Platform are owned or controlled by us.
7.3 You accept that any third-party trademarks appearing on the Platform are the property of their respective owners.
LIMITATION OF LIABILITY
8.1 Use of the Platform is at your own risk. We do not guarantee that the Platform will be error-free or uninterrupted.
8.2 To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms.
8.3 Our maximum aggregate liability for any loss will be limited to 150% of the fees paid by you in the 6 months prior to the liability arising.
TERMINATION
9.1 We may terminate the Terms if you breach any provision or if required by law.
9.2 We reserve the right to terminate your subscription at any time with one month’s notice.
FEEDBACK
We welcome feedback. You may submit Feedback by emailing us at admin@dfrag.tv. By submitting Feedback, you grant us the right to use it for any purpose.
CONTACT DETAILS
DFRAG MEDIA GROUP PTY LTD
Postal Address: PO Box 2063, Chermside Centre, QLD 4032
Email: admin@dfrag.tv