Terms and Conditions

Terms of Use

These terms and conditions (Terms) govern the use of the cupofkings.com website (Website) and all content and Services available at or through the Website. 

The Website is owned and operated by New Friends Pty Ltd (ABN 38 631 134 926) (New Friends) in partnership with The Child in Me (ABN 37 121 598 017) (The Child in Me)(we, our or us). 

For the meaning of certain words or phrases please see the Definitions below.

By using the Website or downloading, playing or accessing our Services you agree to these Terms. You agree that the Privacy Policy and all other operating rules, policies and procedures that may be published on the Website from time to time form part of these Terms.

Please read these Terms carefully before accessing or using the Website or Services.  If you do not agree to the Terms, then you may not access the Website or use any of the Services.  The Website and the Services are available only to individuals who are at least 13 years old.  Other age restrictions may apply to the Services.

We reserve our right, at any time and at our sole discretion, to vary these Terms by publishing the varied terms on our Website. We recommend that you check our Website regularly to ensure you are aware of our current terms. Your continued use of our Website and Services confirms your acceptance of the updated Terms.

Materials and information (Content) on this Website are subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date. 

  1. Right to use our Website and Services
  • Subject to these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right to use our Website and Services. You agree not to use our Website and Services for any other purpose without our prior written consent.
  1. Prohibited conduct
  • You must not: 
  1. do or attempt to do anything that is illegal or otherwise prohibited by any Laws when using our Website or Services; 
  2. do or attempt to do anything which a reasonable person would consider inappropriate when using our Website or Services; 
  3. do anything which might bring us or our Website or Services into disrepute;
  4. use or attempt to use our Website or Services to abuse, defame, harass, threaten, menace or offend another person or group;
  5. interfere with any use using our Website or Services;
  6. tamper with or modify our Website or Services;
  7. knowingly transmit viruses or other disabling features, or otherwise use trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website or Services;
  8. use our Website or Services to send unsolicited electronic communications to any other person; 
  9. post another person’s personal information, content or materials without that person’s consent;
  10. use our Website or Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Website or Services or other users; or
  11. facilitate or assist another person to do any of the above acts.
  1. Exclusion of competitors
  • You must not use our Website or Services, including the Content, in any way that competes with our business.
  1. No commercial use
  • Our Website and Services are for your personal, non-commercial use only.  You must not use our Website, Services, or any of the Content for commercial purposes, including, but not limited to advertising or advertising revenue generation activity on your own website or any other platform, without our prior written consent. For more information regarding this, please read our Creative Commons licence.
  1. Information
  • The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it.
  1. Intellectual Property rights
  • You agree that, unless otherwise indicated, all Intellectual Property relating to our Website and Services is owned by or licenced by us.  Your use of our Website, Services and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website, Services or the Content. 
  • You must not: 
  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
  1. User Content
  • Our Website or Services may allow you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through our Website, you grant to us a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Website.
  • You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
  1. You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content; and
  2. Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • You agree not to enforce, and waive to the fullest extent permitted by law, any moral rights that you may have now or in the future in respect of your User Content. 
  • We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
  1. Third party sites
  • Our Website and Services may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible or liable for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
  1. Discontinuance
  • We may, at any time and without notice to you, discontinue our Website or Services, in whole or in part. We may also exclude any person from using our Website or Services, at any time and at our sole discretion. We are not responsible for any Loss you may suffer arising from or in connection with any such discontinuance or exclusion.
  1. Warranties and disclaimers
  • We make no representations or warranties about our Website, Services or the Content. 
  • You understand that our Website, Services and the Content cannot be guaranteed to be: 
  1. complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. uninterrupted, error-free or free from viruses; or
  3. secure,
  • and that the existence of any of these circumstances will not be a breach of these Terms.
  • You use our Website, Services and the Content at your own risk.
  1. Payments
  • By selecting a Service, you agree to pay New Friends the one-time fees indicated (additional payment terms may be included in other communications). 
  • Payments are not refundable.
  1. Limitation of liability
  • To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
  1. Indemnity
  • To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable Laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
  1. Termination
  • These Terms are effective until terminated by us, which we may do at any time and without notice to you. New Friends may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement, you may simply discontinue using the Website and Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  1. Disputes
  • In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
  1. Severance
  • If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
  1. Jurisdiction
  • These Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
  • Our Website and Services may be accessed throughout Australia and overseas. We make no representation that our Website and Services comply with the Laws (including any Laws with respect to Intellectual Property) of any country outside Australia. If you access our Website or Services from outside Australia, you do so at your own risk and are responsible for complying with the Laws of the jurisdiction where you access our Website and Services. 
  1. Definitions
    1. Claim means any claim, action, proceeding or demand, whether presently existing or arising any time in the future.
    2. Intellectual Property includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.
    3. Laws means [insert] 
    4. Loss means all losses, costs, expenses, damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly. 
    5. Privacy Policy means our privacy policy, as updated from time to time, which is available for access at [insert].
    6. Services means all services, products and games offered by us including, but not limited to, the “Cup of Kings” app. 
    7. Terms means the terms set out in this document, as updated from time to time.  
    8. User Content means any content generated, created, made or otherwise brought about as a result of using our Website or Services.  In the context of user interaction, this includes any communications, images, sounds and all the material, data and information that you upload or transmit through our Services. 

Privacy Policy

Your privacy in important to us. This Privacy Policy explains the information that we collect and how we use it. If you have any questions please email hello@cupofkings.com. By using this site and/or any of our Services, you agree to this Privacy Policy and to our Terms of Service, which incorporates this Privacy Policy.

New Friends Pty Ltd (“New Friends Pty Ltd”) in partnership with The Child in Me (“The Child in Me”), operates cupofkings.com, the “Cup of Kings” applications, and may operate other websites. It is New Friends Pty Ltd’s policy to respect your privacy regarding any information we may collect while operating our websites. 
When you use our Products or Services, New Friends Pty Ltd collects information from you, including personal information. The specific types of personal information collected varies with the activity, but may include your name, email address, phone number, mobile phone number, postal address and credit card or payment information. Some of the ways you may provide personal information are as follows

Purchase our products or download our App.

When you purchase our products or download our App, we will ask you to provide personal information. If you use our Apps over a third party platform such as Apple, any personal information is collected by the third party platform and subject to that party’s privacy policy.

Automatic Data Collection.

When you access our Products or Services, we and our third party service providers (i.e. Apple, Google Play etc) use automated technologies to collect certain information. The types of information collected may include demographic information such as gender, age, post code, information about your computer, software, platform, mobile device, and other particulars, including unique device IDs, cookie identifiers, incident data, Internet Protocol (IP) address, Media Access Control (MAC) address, connection, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. In certain games, we may create and assign to your device an identifier that is similar to an account number. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.

Communication.

We may collect personal information from you if you choose to email, call or communicate with us in any other way. 

Sign-up for our emails, newsletters.

Individuals who provide us with personal information, or whose personal information we obtain from third parties may receive periodic emails, newsletters, or mailings from us with information on New Friends Pty Ltd’s products and Services or upcoming offers/events we believe may be of interest. You can opt-out of these at anytime by unsubscribing or emailing us at hello@cupofkings.com. We will endeavour to remove you from any emailing list as quickly as possible. 

Surveys.

From time to time, we may ask you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily. We may use this information to improve our products, Services and in any manner consistent with this Privacy Policy.

Register for contests and special events.

Occasionally, New Friends Pty Ltd may run contests or other special events. Any contact information you provide may be used to reach out to you about the event for which you registered and for other marketing and business purposes.

Information Submitted via the Services.

You agree that New Friends Pty Ltd is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing Products or Services. New Friends Pty Ltd will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Information from Other Sources.

We may receive information about you from other sources, including through third party services and organisations to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play, we may collect information about you from that third-party application that you have made public or is visible via your privacy settings. This supplemental information allows us to verify information that you have provided to New Friends Pty Ltd and to enhance our ability to provide you with information about our business, products, and Services.

We may receive information about you from other sources, including through third party services and organisations to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play, we may collect information about you from that third-party application that you have made public or is visible via your privacy settings. This supplemental information allows us to verify information that you have provided to New Friends Pty Ltd and to enhance our ability to provide you with information about our business, products, and Services.

In all of the above cases, New Friends Pty Ltd collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with our products or services. New Friends Pty Ltd does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

New Friends Pty Ltd may collect statistics about the behaviour of visitors to its websites. New Friends Pty Ltd may display this information publicly or provide it to others. However, New Friends Pty Ltd does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information – New Friends Pty Ltd discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organisations that (i) need to know that information in order to process it on New Friends Pty Ltd’s behalf or to provide services available at New Friends Pty Ltd’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using New Friends Pty Ltd’s websites, you consent to the transfer of such information to them. New Friends Pty Ltd will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organisations, as described above, New Friends Pty Ltd discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when New Friends Pty Ltd believes in good faith that disclosure is reasonably necessary to protect the property or rights of New Friends Pty Ltd, third parties or the public at large. If you are a registered user of a New Friends Pty Ltd website and have supplied your email address, New Friends Pty Ltd may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with New Friends Pty Ltd and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. New Friends Pty Ltd takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. New Friends Pty Ltd uses cookies to help us identify and track visitors, their usage of our website, and their website access preferences. New Friends Pty Ltd visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using New Friends Pty Ltd’s websites, with the drawback that certain features of New Friends Pty Ltd’s websites may not function properly without the aid of cookies.

Business Transfers

If New Friends Pty Ltd, or substantially all of its assets, were acquired, or in the unlikely event that New Friends Pty Ltd goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of New Friends Pty Ltd may continue to use your personal information as set forth in this policy.

Privacy Policy Changes

Although most changes are likely to be minor, New Friends Pty Ltd may change its Privacy Policy from time to time, and in New Friends Pty Ltd’s sole discretion. New Friends Pty Ltd encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

For any questions, notices or love poems:

New Friends Pty Ltd
ABN 38 631 134 926
Email: hello@cupofkings.com