Terms and Conditions

Terms and Conditions – youplay.com

This YouPlay website, located at www.youplay.com ("Website"), is owned and operated by Lovatts Media Group Pty Ltd ABN 99 003 314 681 ("Lovatts").

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Lovatts reserves the right to amend the Terms of Use at any time. Since you are bound by the Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. These Terms of Use apply to all of the Websites competitions, cash prizes and prize draws. Separate Competition Terms and Conditions will also apply to competitions, cash prizes and prize draws, and these Competition Terms and Conditions may incorporate Special Rules for particular competitions, cash prizes and prize draws. The Competition Terms and Conditions and any Special Rules will be available on the Website or from Lovatts.

Free Games and Free Membership 

If you choose to be a Guest who visits the Website from time to time or a Free Member with a Free Account on the Website, you will be able to participate in games or other activities on the Website without paying subscription fees to Lovatts.

Fees for Premium Membership 

If you wish to access certain areas of the Website, play or purchase certain premium games and participate in related activities on the Website, Lovatts charges subscription fees and other pay-per-download fees to participate in these activities. You must pay the subscription fees to become a Premium Member and have a Premium Account to participate in these activities. If you are paying the subscription fees or other fees in a foreign currency, your financial services provider may require you to pay foreign currency conversion charges in addition to Lovatts fees, and these charges are your responsibility. IF YOU ARE A PREMIUM MEMBER, YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
You must nominate your credit card details and nominate whether you wish to accept an Annual Subscription when you sign up to become a Premium Member, and your subscription will commence on that date (“Commencement Date”). You must pay for Subscriptions by Credit Card.

Annual Subscription 

If you choose an Annual Subscription, you must pay the Annual Fee prescribed on the Website at the Commencement Date of your subscription. This Annual Fee is an upfront fixed charge which entitles you to access any subscription-only area of the Website for 12 months from the Commencement Date of your subscription. You authorise Lovatts to charge your credit card for the Annual Fee and for each renewed Annual Fee (which may be revised by Lovatts acting reasonably). Your Annual Subscription will automatically be renewed each year on the anniversary of the Commencement Date of your subscription, unless you affirmatively cancel your subscription by giving 72 hours’ notice to Lovatts before the next such anniversary date.

Pay-per-download Games 

In addition to your Annual Subscription you may choose to purchase Pay-per-download Games, for which you must pay the Download Fees that are prescribed on the Website for each such game at the date of download. The Download Fee is an upfront fixed charge, which entitles you to a non-exclusive licence to access the particular game, or item you have purchased for the duration of your subscription. You authorise Lovatts to charge your credit card for your Download Fees.

Credit Card 

When you provide credit card information to Lovatts, you represent to Lovatts that you are the authorized user of the credit card that is used to pay subscription or other fees. You agree to promptly notify Lovatts of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Lovatts if your credit card expires or is cancelled for any reason. As a Premium Member, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Premium Account, including your family or friends. This means that, unless your Premium Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Premium Account, you will be responsible for all usage and purchases on your Account.

Intellectual property and restrictions on use of content on the Website 

The intellectual property rights (including copyright) in all games, puzzles, information, text, material, graphics, point and tokens (and similar systems), software and advertisements on the Website ("Content") are owned and/or controlled by Lovatts, its suppliers, advertising clients and/or licensors unless expressly indicated otherwise on the Website. The use, distribution and availability of Content is managed by Lovatts in its sole discretion, subject only to its obligations to its suppliers, advertising clients and/or licensors. The Content is protected by Australian and international copyright and trademark laws as well as other intellectual property laws and treaties. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Lovatts or the relevant third party owner or rights holder. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download and view the Content for your personal, non-commercial use. You may not use any Content for any commercial use or purpose, including distribution (electronically or otherwise), resale, rental, lease, public display or offering on a pay-per-play, coin-op or other for charge basis, The Content, in source code form (which is not provided to you), includes valuable trade secret information of Lovatts and/or its suppliers. To the fullest extent permitted by applicable law, you may not reverse engineer, decompile, or disassemble the Content or otherwise attempt to gain access to the source code for the Content. 

You must not use the Website in any manner or for any purpose, which is unlawful, or in any manner which violates any right of Lovatts or any other party or which is prohibited by the Terms of Use. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Lovatts, its related bodies corporate, the relevant third-party owner or rights holder.

Communications Facilities 

The Website may contain communication facilities which provide for interaction between users and Lovatts, the Website and real-time interaction between users including by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facilities and your access to the Website that you do not do any of the following:

  1. restrict or inhibit any other user from using or enjoying any Communication Facility;
  2. post or transmit any unlawful, threatening, abusive, defamatory, discriminatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, prejudice a criminal trial, breach the law of contempt or otherwise violate any applicable law;
  3. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. post or transmit any material which impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
  5. post or transmit any material of any kind which contains a virus or other harmful component;
  6. post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
  7. post financial, legal, medical, health or other professional advice which may result in detriment to users;
  8. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
  9. download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

Lovatts may from time to time monitor or review the contents of its Communication Facilities. While Lovatts reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Lovatts' sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Lovatts has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Lovatts responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
Lovatts reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law. 

Lovatts' rights in your Interactive Participation

When using the Website you may choose to participate in interactive games and activities or place information or other material on the Website (including posting messages, uploading files, using points or tokens, inputting data or engaging in any other form of communication) ("your Interactive Participation"). By participating in such activities, you agree that Lovatts is the owner of all rights (including copyright) throughout the world in your Interactive Participation and results and proceeds of your Interactive Participation. To the extent necessary, you assign to Lovatts all proprietary rights (including but not limited to rights under copyright, trademark or patent laws under any jurisdiction worldwide) throughout the world in your Interactive Participation and the results and proceeds of your Interactive Participation for the full period of copyright and all renewals and extensions of the period of copyright (and this assignment will operate to the extent necessary as a present assignment of future copyright). Subject to the privacy policy Lovatts has the unfettered right to deal with your Interactive Participation and the results and proceeds of your Interactive Participation in any way that it thinks fit and you agree that your Interactive Participation and the results and proceeds of your Interactive Participant may be exhibited or otherwise exploited in any way (and such exploitation may include the exploitation of all allied and ancillary rights therein) in all media and formats (whether now known or hereafter invented) throughout the world for the full period of copyright and all renewals, revivals and extensions thereof and after that so far as may be possible in perpetuity. You agree not to make any claim of any kind against Lovatts or its assigns for any remuneration in respect of the exploitation of such rights.

You expressly waive in favour of Lovatts and any other party authorised by Lovatts all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of your Interactive Participation. For the purposes of those jurisdictions in which moral rights cannot be waived you expressly consent to all acts and omissions described in these Terms of Use with respect to any relevant communication or other material described in these Terms of Use. At the request and expense of Lovatts, you will execute and deliver to Lovatts such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

If you win a competition, cash prize or prize draw run by Lovatts, you consent that Lovatts may, in its discretion, publish or disclose the name of your suburb and state together with your first name, user name or nickname (as provided by you to sign-up to the Website) on the Website or in any other media in which the competition or prize draw was conducted. 

Advertising, links to third party websites and e-commerce offers

The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Lovatts, and Lovatts is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Some of these linked websites may charge separate fees, which are not included in any subscription or other fees that you may pay to Lovatts. Lovatts provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Lovatts or its Affiliates. You link to any such website entirely at your own risk. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

The Website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Lovatts or its related bodies corporate or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Lovatts, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability

Other than with respect to rights and remedies that may be conferred upon you according to the Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) in relation to the provision by Lovatts of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"), Lovatts excludes all other conditions and warranties implied by custom, law or statute anywhere in the world. Except as provided for by the Non-excludable Rights:

  1. all Content is provided "as is" and without warranties of any kind, either express or implied;
  2. Lovatts and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose; 
  3. Lovatts does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components; 
  4. Lovatts does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and 
  5. you (and not Lovatts) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

You acknowledge and agree that under no circumstances (including but not limited to any act or omission on the part of Lovatts or its related bodies corporate, directors or employees) will Lovatts, or any of its related bodies corporate or any of their respective directors or employees be liable for any direct, indirect, incidental, special and/or consequential damages or loss of revenue or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Lovatts does not exert control over users of the Website and is not liable for and does not endorse their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Lovatts liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Lovatts to the following:
• in the case of services supplied or offered by Lovatts: 
(a) the supply of the services again; or 
(b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by Lovatts: 
(c) the replacement of the goods or the supply of equivalent goods; 
(d) the repair of such goods; 
(e) the payment of the cost of replacing the goods or acquiring equivalent goods; or 
(f) the payment of the cost of having the goods repaired.

The information on the Website is provided as an information service only and should not be relied upon as a substitute for financial, legal, medical, health or other professional advice. Nothing on the site constitutes the giving of financial advice. The information contained on the site is general only. It does not purport to be comprehensive or tailored to your personal needs. Users should not act on the basis of information (financial or otherwise) contained on the site without obtaining qualified professional advice.


The Terms of Use are effective until terminated by Lovatts, and Lovatts may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Lovatts disclaimers and limitations of liability set out in the Terms of Use will survive.
You may terminate or cancel your Free Account or your Premium Account by delivering notice to Lovatts at any time. No refund will be granted and no other credits will be credited to you or converted to cash or other form of reimbursement. Once the duration of your subscription has expired, you will have no further access to your Account or anything within the Website (such as points, tokens or in-game items).

Account Reactivation 

If you terminate your Premium Account, you agree to revoke all privileges associated exclusively with Premium Membership and you may return to the status of a Free Member. However, if you choose to re-subscribe to a Premium Account within twelve months from the date of termination, Lovatts will reactivate your original Premium Account settings. This includes, (but is not limited to) previously acquired virtual merchandise, extended profile fields, and messaging inbox capacity).

User indemnity 

Lovatts relies on your continued observance of these Terms of Use. If Lovatts suffers any loss or damage (including consequential loss and loss of profit) or incurs any costs whatsoever (including legal fees and all other costs and expenses reasonably incurred by Lovatts) in connection with any breach of these Terms of Use or any other legal obligation or as a result of your negligence or default, then you agree to indemnify Lovatts for those losses, damages and costs.

Further Services 

The terms of this agreement apply to the full extent possible in relation to the supply by Lovatts of any content or services for a wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service") and via any digital media.

General Provisions

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted herein are reserved.