Terms and Condition
Please read this agreement carefully and in its entirety. This agreement between you (the Player) and Oceania e-Sports Limited (NZBN 9429049176568) (the Supplier) is a binding legal contract for the supply of gaming-related products and services. By registering for, accessing, browsing or using Oceania Esports services and products, you acknowledge that you have read, understood, and agree to be bound by the terms contained in this agreement.
- General
- By accessing, browsing or otherwise using any part of Oceania Esports services and products, the Player accept without qualification or limitation, this agreement and the terms contained in this agreement. If the Player, at any time do not agree with any of these terms contained in this agreement, the Player is prohibited from using the Supplier products and services.
- If the Supplier needs to contact the Players, the Supplier may do so by email provided in the Player’s registration or by posting a notice on the Website. Do you agree that this satisfies all legal requirements in relation to written communications?
- These Terms and Conditions, and any dispute relating to these Terms and Conditions or the Website and Oceania’s social media platforms, are governed by and must be interpreted in accordance with the laws of New Zealand. Does each party submit to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms and Conditions or the Supplier?
- For us to waive a right under these Terms, the waiver must be in writing by one of the Supplier’s Directors.
- Changes
- The Supplier reserves the right, at any time and at our sole discretion, to change or modify these Terms and Conditions applicable to the Player’s use of the products and services, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Unless stated otherwise, any change takes effect immediately. The Player is responsible for ensuring that is aware of the most up-to-date terms and conditions. By continuing to use the Supplier’s Website, the Player agrees to be bound by these changes.
- The Supplier may change, suspend, discontinue, modify or restrict access to, the Website and its products and services without notice.?
- Eligibility
- The Supplier’s products and services are intended for Players who are 16 years of age or older. Any registration by, use of or access to the services and products by anyone under 16 years of age requires permission from a parent or legal guardian, who must read these Terms and Conditions, the Supplier’s Privacy Policy, Code of Conduct and agree to be bound by them, on behalf of their minor child consent from their Parent or Guardian.
- The Supplier reserves the right to confirm that such permission has been granted and to close or restrict any Accounts until the Supplier is satisfied that a parent or legal guardian has read the Terms and Conditions and agrees to allow their minor child to hold an account.
- The Supplier recommends that parents or guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 13 years of age when online.
- If the Player is aged 16 but under 18 years of age, the Player and its parent or guardian must review this Agreement, the Privacy Policy and the Code of Conduct altogether. Parents and guardians? are jointly liable for all acts (including for purchases and payments) and omissions of their children aged under 18 years when using the Supplier products and services.?
- Additionally, some of the content on the Supplier’s products and services may not be appropriate for individuals under 18 years of age.
- By using any of the products and services on the Website, the Player represents and warrants that the Player is 16 years of age or older or the Player has received parental or guardian permission and that the Player agree to and abide by all of these Terms and Conditions and where the Player is between the ages of 16 and 18 the Player will comply with the specific game-related age restrictions and/or guidelines in the jurisdiction in which the Player is located.
- In order to register and participate in any type of competition managed by the Supplier, an individual must:
- Be a natural person, aged 16 years old or older (unless consent has been approved), with an email address assigned that has been represented on registration.
- At all times comply with these terms.
- Be a citizen or resident of a country (“Territory”) where skilled gaming is legal (as applicable from state to state within a given Territory).
- Be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws.
- The Supplier may at any time require any user to provide proof of eligibility and identity to participate in order for the user to continue to access the Supplier’s products and services, and each user hereby acknowledges and accepts this condition of their participation as a measure to ensure the security of the Supplier.
- Each User will be required to provide proof of eligibility and/or identification prior to receiving a prize.
- If the Player opens an account and/or participates in any tournament or game offered on the Site while located in a prohibited jurisdiction, the Player will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having its account suspended or terminated and all winnings (if any) voided.
- Failure to provide evidence of the Player’s eligibility and/or identification satisfactorily to the Supplier.
- in our sole and absolute discretion, shall result in the suspension and/or termination of the Player’s account.
- forfeit all prizes won and held in the Player’s account.
- Events Participation
- The Player shall provide true, accurate, current and complete information about itself as requested in the Supplier’s Website registration forms.?
- This information must be kept up to date.
- Including the Supplier’s current country of residence.
- You must immediately notify us if you become aware of any disclosure or unauthorized use of your account/profile or password, by sending an email to info@oceaniaesports.gg.
- Failure to notify the Supplier can result in a loss of account and all associated prizes
- The Player shall not (hereinafter, collectively Code of Conduct)
- Post, upload, distribute, publish or otherwise transmit through the Supplier’s Website or its social media channels, any content or other items that:
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Supplier, features that prevent or restrict the use or copying of any content accessible through the Supplier, or features that enforce limitations on the use of the Supplier.
- contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- use any robot, spider, scraper, crawler or other automated means to access the Supplier’s products and services for any purpose or bypass any measures the Supplier may use to prevent or restrict access to the Supplier’s products and services.
- contain or is an unsolicited offer, advertisement, proposal, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, including, without limitation, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Supplier’s Website and its products and services or any part thereof.
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any such content, the Supplier hereby represents and warrants that you have all necessary rights to distribute and reproduce any such content.
- contain personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, IRD numbers and/or credit card numbers.
- maybe considered threatening, harassing or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual.
- charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities.
- may constitute, encourage or provide instructions for a criminal offence, or violate the rights of any party.
- may be unlawful, libellous, abusive, defamatory, obscene, profane, offensive, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or otherwise objectionable in any way or that impersonates any person or entity or otherwise misrepresents an affiliation with a person or entity.
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the, or perform any other similar fraudulent activity
- Attempt to indicate in any manner that the Player has a relationship with the Supplier that does not actually exist or that the Supplier has endorsed the Supplier or any products and services for any purpose.
- Post, upload, distribute, publish or otherwise transmit through the Supplier’s Website or its social media channels, any content or other items that:
- Intellectual Property
- The Supplier’s products and services and its Website are owned and operated by Oceania Esports Limited. All content, trademarks and other proprietary materials and/or information on the Supplier, including, without limitation, the Supplier’s logo mark, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
- Membership & Subscriptions
- The Players should be able to access the Supplier’s Website and sign up for competitive tournaments and leagues by creating an account via the Supplier’s Website. The Supplier is offering a single type of membership as follows:
- Competitive membership is a free/no-cost subscription, that offers full access to the Supplier’s Website and capacity for enrollment in most of its tournaments and leagues.
- Each account belongs to that Player who has registered upon activation of their account and is non-transferable.
- The Player is only permitted to sign up for one active account on the Website. Additionally;
- The Supplier only allows Players to have a single registered account.
- The Supplier reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that the Player has opened more than one account, all accounts will be suspended without notice; until verification has been confirmed.
- The Supplier reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas not based in New Zealand and Australian territory.
- The Supplier reserves the right to limit the Player’s activity on the Website in any way it deems appropriate, in its sole discretion.
- The Supplier reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits applied to your account.
- For any account that has been dormant for 90 consecutive days on the Website, the Supplier reserves the right to;
- Suspend the Player’s account.
- For any account that has been dormant for 180 consecutive days including the dormant period of 90 days, the Supplier has the right to cancel and/or remove the account from the Website.
- Premium Membership Events and Tournament
- The Supplier may choose to organise and manage Premium Membership events (tournaments and/or leagues). The Player will be required to join the Premium Membership in order to participate in these tournaments/leagues.
- The Supplier will release all details of the tournaments on the website and all other clauses of this agreement will be applicable to Premium Events.
- The Supplier reserves the right to define and adjust the event format (size, game, dates and time, etc), without prior consent.
- The Supplier reserves the right to define and adjust the event prize pool (positively or negatively) without prior consent.
- Registration fees from paid events will be paid to an external party/organization and as such, the Supplier holds no responsibility for any errors, loss o data or financial breaches.
- The Player holds responsibility for providing evidence of payment of registration fees in case the Supplier requires it.
- The Supplier holds no responsibility for incorrect data entry made by the Player when completing the payment process for paid events.
- Those Players cancelling their attendance at any paid event can request reimbursement to their registration fees within 7 days prior to the event commencement.
- The Supplier will have another 7 working days to return any registration fees paid.
- The Supplier will deduct any operating fees from external parties from registration fees paid when reimbursing the Player. That includes internal money orders for those living outside New Zealand and Australia, but part of the Oceania Region.
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- Payments, Refunds and Cancellation
- Participation opportunities and rules, competitions, etc. that deviate from the competition mechanism described here will be communicated to Players directly on the Website. To the extent not otherwise stated, these deviating provisions apply in such cases.
- Players will be notified by email at the end of the competition. Accordingly, arrangements for the delivery of the prize will be made directly between the winner and the Prize Sponsor or the Supplier according to the following provisions regarding notification of the winners and forfeiture of the prize.
- If the competition is held directly via Facebook, the winners will be notified by the Supplier on its Facebook page after the competition has ended. Alternatively, the winners can also be announced on the Supplier’s Facebook page after the competition has ended. Each winner must then send a private message to the Supplier?s Facebook page with their proper name within four workdays after receipt of the prize notification on their Facebook page and/or after the announcement of the winner on the Supplier’s Facebook page. If the winner does not respond within this time period, the winner?s prize will be forfeited.
- The item presented as the prize in the competition is not necessarily identical to the item won. There may be variations in terms of model,?colour, etc. The Prize Sponsor or the Supplier reserves the right to select a prize they consider to be of broadly equivalent value or nature.
- Non-cash prizes will be sent to the mailing address to be provided by the winner by the Prize Sponsor, or a third party commissioned by the sponsor, or the Supplier by means of the carrier, parcel services or post. Delivery will be a carriage paid within the Territory covered under this Agreement. The winner is responsible for any additional transportation costs and customs duties, if applicable. The assumption of shipping costs notwithstanding, the place of performance remains the Price Sponsor?s registered office or the Supplier?s location (New Zealand). In the event that delivery is made via carrier, the carrier will contact the winner in order to arrange a delivery date. Delivery is generally made Monday to Friday between 8:00 am and 5:00 pm. The winner must also provide an alternative address in their immediate vicinity to which the prize can be delivered in their absence. A message will be left if the carrier does not find anyone at home at the winner?s address or at the alternative address. The winner must bear the costs of another attempt at delivery.
- The winner will receive an equivalent replacement if it is not possible to distribute the prize or would only be possible under unreasonable circumstances. The winner will also receive an equivalent replacement if the original prize is no longer available as advertised (model change, seasonal goods, etc.).
- Under no circumstance will cash alternatives for non-cash prizes or prize substitutions be offered. The right to the prize or prize substitution is not transferable.?
- Complaints relating to the conduct of the competition must be submitted in writing to the Supplier along with an indication of the competition concerned within 14 days of becoming aware of the grounds. Complaints communicated by telephone or late complaints will not be processed. Questions, complaints and claims relating to the prizes must be addressed exclusively to the respective Prize Sponsor or the Supplier.?
- Upon a withdrawal request, you will be required to complete our withdrawal form. It is your responsibility to ensure this form is completed fully and with accurate information
- Upon a completed withdrawal form (less the standard PayPal withdrawal fee) the amount will be credited into your nominated Paypal account?within 10 business days. Alternatively, the Supplier may offer cash payments to be made via Prezzy Card or Steam Electronic Gift Card.??
- Forfeiture of the prize
- Unless otherwise specified in these Terms and Conditions, the winner must claim their prize within four (4) weeks of notification by the Organiser, otherwise, they will forfeit their prize. A new winner will be randomly drawn in such cases unless otherwise provided in these Terms and Conditions. The claim to the prize likewise lapses if the prize cannot be distributed within four (4) weeks following initial notification of the prize on grounds for which the winner is at fault.
- Code of Conduct
- The Supplier is a casual and competitive gaming organiser and promoter, and as such all Players are to adhere to a strict Code of Conduct that is found here Code of Conduct.
- Online Tournaments
- By Competing in an Online Tournament, the Player agrees to;
- Adhere to the Code of Conduct;
- The Player must have joined the private Tournament room 15 minutes prior to the match starting time as informed during the Tournament registration guidelines;
- All times are stipulated in UTC +13:00 Auckland, New Zealand
- All refunds (where applicable) will be reimbursed to the Player’s account within 7 working days.
- Refunds will be credited to the Player’s Paypal account deducting any processing fees (where applicable).
- By joining a Tournament, the Player agrees to the Tournament rules posted on the Tournament’s Website and social media.
- Most of the Tournaments are scheduled to be completed within 4 hours, however, the following may apply:
- there is a possibility that some Tournaments will run for a longer period;
- Some Tournaments are held over a period of days and weeks, this information will be provided during Tournament registration;
- Being ready for the Tournament 1 hour prior to the match starting time.
- The Supplier reserves the right to cancel a Tournament and refund all entries (if applicable) at any time.
- The Player agrees to provide all video recordings direct from the platform of its matches (if applicable) to the Supplier. Failure to provide a recording directly from your platform could result in you being banned from the Tournament and any prize forfeited.
- The Player agrees that the Supplier’s disputes team will review any disputed matches and may overturn any matches as we see fit. If the match is overturned due to what the Supplier’s dispute team have determined is cheating (sole discretion), the Supplier and/or his team will be subject to disciplinary action outlined in the Code of Conduct. The Supplier will also be ineligible to receive any prize.
- In the event that a match dispute arises, that is deemed unlikely to be resolved within 30 minutes, the Supplier reserves the right to refund both players and/or teams (if applicable) and withdraw them mid-tournament.
- Tournaments that have no entry fee but have a prize will have the winnings paid to the appointed Team Leader, regardless of whether he had completed a match or not.
- Non-cash and cash prizes will be sent to the Team Leader as default and based on the Player listed on the Supplier’s Website(My Team tab). No changes to the appointment of the Team Leader can be made after the Tournament is completed with the purpose of changing the prize beneficiary.
- If the Team wishes to change its Team Leader for the purposes of receiving non-cash and cash prizes, then all Team members have to acknowledge and approve such in writing by emailing the request to the Supplier(info@oceaniaesports.gg).
- No non-cash prizes will be paid to those Teams based outside of New Zealand. Instead, the Supplier reserves the right to convert the non-cash prize into a New Zealand Dollar (NZD) sum which will be then transferred to the Team Leader account via Paypal.
- The basis for calculating the non-cash prize into NZD sum will be through checking the corresponding product retail price with any main New Zealand technology supplier. The Supplier also reserves the right to use another reference technology supplier or conversion basis at his own discretion but providing a clear rationale to the Team Leader.
- The Team Leader is responsible for providing accurate information on its Paypal details and the Supplier holds no responsibility and liability for those details provided incorrectly.
- The Supplier reserves the right to deduct all Paypal fees from its payments to the Teams.
- No cash and non-cash prizes will be paid to those based out of the Territory covered under this Agreement.
- The Supplier is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your gameplay on your platform, or any incorrect or inaccurate results that may be posted on your online game.
- If there are significant internet issues that affect multiple Players and/or Teams the Supplier reserve the right to cancel a tournament and refund all users;
- If the tournament is in the Playoff stages, the Supplier will reset the Tournament at a date and time sole at its discretion.
- If the Supplier or its products and services suffer significant issues, the entire tournament will be cancelled.
- If the tournament or league are in playoff stages the Supplier will reset the tournament or league to that stage and if data is not lost and if applicable at a date and time solely at its discretion.
- All disputable issues that are known at the start of a match must be resolved before the match starts.
- These will need to be raised by emailing dispute@oceaniaesports.gg with the tournament ID.
- The Player confirms that is legally able to compete in tournaments in your jurisdiction.
- Content
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- By submitting content to the Supplier, the Player agrees and is bound by the conditions that:
- The submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”
- The submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity
- The submitted content does not contain personally identifiable information about other persons, such as their phone number, identifiable pictures, contact information or email address, or information that could result in an invasion of their privacy or their harassment.
- The Player grants the Supplier a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display content throughout the world for any purpose and in any media (including for advertising or other commercial use).
- The Player grants the Supplier the non-exclusive right to seek to enjoin and/or obtain damages from any third party for the unauthorized use or reproduction of the Player’s content. If the Supplier publishes the Player’s content or authorizes or licenses others to do so, the content may be edited for length or clarity or for any other reason either before or after it is published. The Supplier reserve the right (but not the obligation) to remove any content for any reason from the Website.
- By submitting content to the Supplier, the Player agrees and is bound by the conditions that:
- Cheating
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- The Supplier has a strict zero-tolerance policy on cheating. Players who are caught cheating in any game on any platform are not permitted to compete in any tournament or league. Furthermore, the Player will receive a permanent ban.
- Refer to the Code of Conduct
- Privacy
- The Supplier has developed a Privacy Policy that provides further details about how the Player’s personal information is collected, used and disclosed. For further details please check the Privacy Policy
- Disclaimer of Warranty and Limitation of Liability?
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- To the maximum extent permitted by law, the Supplier and its licensors have no liability or responsibility to the Player or any other person for any Loss in connection with. Use of the Supplier’s products and services, any information, content or materials contained therein is at the Player’s sole risk.
- Neither the Supplier, Supplier’s affiliated companies, Supplier’s non-affiliated partners, nor any of their respective parent companies, affiliates, subsidiaries, officers, directors, employees, agents, third-party content providers, sponsors or licensors warrant that the Supplier’s products and services, any product or any information, content or materials contained therein will be uninterrupted, timely, secure or error-free;
- nor do they make any warranty as to the results that may be obtained from the use of the Supplier’s products and services, information, content or materials contained, or as to the accuracy, reliability or content of any information, service, or merchandise provided or purchased through the Supplier’s products and services.
- Any material downloaded or otherwise obtained by the Player through the Supplier’s products and services is done at the Player’s own discretion and risk. The Player will be solely responsible for any damage or potential damage to your computer system and/or console or loss of data that results from the acquisition of any such material.
- the Website or underlying system being unavailable (in whole or in part) or performing slowly
- any error in, or omission from, any information made available through the Website or
- any exposure to viruses or other forms of interference which may damage the Player’s computer system and/or console or expose you to fraud when you access or use the Website or Underlying System. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the Website or Underlying System protects you from this.
- Visiting or using any third-party link from the Website is at your own risk. Once you leave our Website you are bound by the Terms and Conditions, privacy policy and other rules or policies related to that third-party site. The Supplier will have no liability with respect to acts, omissions, errors, representations, warranties, breaches, or negligence of any third party or for any personal injuries, death, property damage, or other damages or expenses resulting from the Player’s interactions with third parties.
- The views, opinions or positions expressed by users and those providing comments are theirs alone and do not necessarily reflect the views, opinions, or positions of the Supplier or any employee thereof.
- The Supplier reserves the right to delete, edit, or alter in any manner it sees fit, entries or comments that it, in our sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, is determined at the Supplier’s discretion to amount to hate speech or is otherwise unacceptable.
- The Player agrees that the Supplier cannot be held liable if laws applicable to the Player restrict or prohibit your participation in our competitions. The Supplier makes no representations or warranties, implicit or explicit, as to the Player’s legal right to participate in any online competition offered by the Supplier, nor shall any person affiliated with or claiming affiliation with the Supplier has the authority to make any such representations or warranties.
- The Supplier makes no representation or warranty that the Website or underlying system is appropriate or available for use in all countries or that the content satisfies the laws of all countries. The Player is responsible for ensuring that your access to and use of the Website or underlying system is not illegal or prohibited, and for the Player’s own compliance with applicable local laws.
- Any threat of legal action against the Supplier will likely result in the Player’s account/team being permanently removed from the Website and Underlying System.
- We reserve the right to refuse service to anyone for any reason.
- Termination and Suspension
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- Upon termination
- if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, terminate the Player’s access to the Website or Underlying System (or any part of them).
- you must immediately cease using the Website and/or Underlying System and must not attempt to gain further access.
- if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, terminate the Player’s access to the Website or Underlying System (or any part of them).
- Upon termination
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- Upon Suspension
- This will be actioned on a case-by-case basis
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- Refer to Code of Conduct
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- This will be actioned on a case-by-case basis
- Upon Suspension