Safer Gambling app terms and conditions

Introduction

  1. The Victorian Responsible Gambling Foundation (the foundation) owns the Safer Gambling App (SGA). The SGA is created and maintained for people who live in Victoria, Australia.
  2. The SGA is a prevention application for android and iPhone smartphones implemented by the Victorian Responsible Gambling Foundation to promote responsible gambling in the State of Victoria. The user is prompted to download the app, and to accept the SGA Terms of use, with a link to the full version of the Terms of use located on the foundation website at www.responsiblegambling.vic.gov.au The SGA will alert the user with a ring tone alarm when you enter within 40 meters of a gambling zones for Victorian Poker machine venues. Users can add a photo which is then stored in the system to personalise the appearance of their handset when an alert is triggered. The device aims to make use of and improve on access to existing support services from your own networks and to professional support services. The SGA encourages prompt access to important support and contact phone numbers at critical times during alert periods. You can add up to four contact phone numbers to independently manage your SGA support network and reach contacts on quick dial when you most need help. Users can also customise the Address book function by adding numbers to professional support services for example, the Gambling Helpline.
  3. SGA takes a record of your device identification code which is stored on the foundation server to determine the geo-target of a gambling zone or venue. SGA does not log the movements but records the geo-location of the user's smartphone for android and iPhone devices. The SGA and the foundation to not collect any other identifying information about the user.

Legal terms

  1. You may access and use the SGA if you agree to be legally bound by these Terms. If you do not agree to be legally bound by these Terms, please do not access and/or use SGA. You will be deemed to have accepted these Terms if you commence or continue to access and use the SGA, and you will continue to be bound by these Terms for so long as you access or use the SGA.
  2. The foundation may make changes to the SGA, including these Terms, at any time. You agree that you will be legally bound by the updated or amended Terms from the first time you use the SGA after the updated version is released.

General disclaimer

  1. All information published on the SGA is accurate at the time of publication. While the information on the SGA has been researched, reviewed and presented with all due care, the content is provided for general education and information only.
  2. Information on the SGA is not intended to replace gambling advice from a Gambling help service provider nor does it accept any liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying on any information contained on the SGA website, the foundation website or any linked website.
  3. Information or data populated into user's SGA Address book such as maintenance of up-to-date contacts and their corresponding phone numbers around personal and professional support services is the responsibility of the user.
  4. All users are urged to seek advice from a qualified Gambler's help professional. To locate contact details of a qualified health practitioner visit: www.responsiblegambling.vic.gov.au For online support information visit: www.responsiblegambling.vic.gov.au/online-support
  5. For more information, all users of the SGA are directed to the foundation's website disclaimer at: www.responsiblegambling.vic.gov/au/disclaimer 

Liability and indemnity

  1. The foundation does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the SGA or any linked website, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the SGA or any third party website that you access through a link contained on the SGA.
  2. To the extent permitted by law, the foundation will not be liable for direct or indirect loss or damage to you for:
  1. for any loss which arose when you first accessed the SGA (even if that loss results from failure to comply with these Terms or negligence on the part of the foundation);
  2. any loss due to the SGA not being available at any particular time or location;
  3. any business or financial loss you may suffer, including loss of revenue, loss of profits or loss of anticipated savings (whether those losses are the direct or indirect result of default on the part of the foundation);
  4. any loss which you suffer other than as a result of the foundation's failure to comply with these Terms or its negligence or breach of statutory duty;
  5. any loss suffered due to the default of any party other than the foundation;
  6. any loss due to the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party; and
  7. any loss or damage caused by any other event not reasonably within the control of the foundation.

Data and system integrity

  1. The foundation does not represent or warrant that:
  1. the SGA or related content will be available uninterrupted or error free; or
  2. any defects in the SGA or related content will be corrected; or
  3. the SGA or its supporting systems are free of viruses, malware or other malicious content.
  1. You acknowledge and agree that the foundation will not be liable for any corruption or failed transmission of any information that is attributable to your computer system or to the system of or any act or omission of your Internet Service Provider.
  2. You acknowledge and agree that you must take your own precautions to ensure that the process which you employ for accessing the SGA does not expose you to the risk of viruses or other form of interference that may damage your own computer system.
  3. For the removal of doubt, the foundation does not accept liability for any interference or damage to your computer system which arises in connection with your accessing of the SGA or any linked website.
  4. You will ensure that the information you provide to the SGA does not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, adversely interfere with, surreptitiously intercept or expropriate any system or data.
  5. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the SGA.

Copyright and trademarks

  1. Copyright in the SGA (including content, applications and design) is owned or licensed by the foundation. You may access the SGA for your own personal use. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the SGA or any of its components. 
  2. The 'SGA' name and logo are registered trademarks owned by the foundation. 
  3. You must not reproduce the entire SGA environment and/or its contents or services within another website, for example by using I-frame or screen scraping techniques.

Links to other websites

  1. Links to other websites are provided on the SGA for the convenience of users. The inclusion of a link does not imply endorsement of the content of the external site by the foundation. The foundation takes no responsibility for the accuracy, currency, reliability and correctness of any information contained on third party websites, or whether the information contained on those websites is suitable for your needs. The foundation takes no responsibility and accepts no liability for the services provided by any third parties and/or their websites whose hyperlink or trade name may appear on the SGA.

Endorsements

  1. You may not use any SGA content or material including any trade name, logo, URL or other device that appears on the SGA, in any manner that may suggest any endorsement of your company, website or your products and services by the SGA, its content partners or the foundation.

Personal information and privacy

  1. The SGA is committed to ensuring that your personal information is protected. If you provide information to the SGA by which your identity can reasonably be ascertained, it will only be used in accordance relevant laws and the foundation privacy statement.
  2. The foundation will use the information you provide to the SGA to provide and operate the SGA, to fulfil administrative functions associated with the SGA, and for internal research and reporting purposes.

Governing law

  1. These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Comments and complaints

  1. SGA welcomes feedback from users and takes complaints seriously. To provide any comments to the Safer Gambling App, please email communications@responsiblegambling.vic.gov.au or complete the Contact Us form on the website.
  2. If you have a complaint about any aspect of your use of the SGA, it is a requirement of these Terms that you notify the Victorian Responsible Gambling Foundation in writing of the complaint, and await a response from the Victorian Responsible Gambling Foundation, before taking any other action or raising the complaint with any external body. The Victorian Responsible Gambling Foundation will act in good faith in investigating and responding to your complaint.

General

  1. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable, ("Ineffective"), it will be read down to the extent necessary to ensure that it is not Ineffective. If the offending provision cannot be so read down, it will be severed. In any event, the remainder of these Terms shall be interpreted to ensure that all other provisions remain in full force and effect to the greatest extent possible.

Victorian Responsible Gambling Foundation

Phone: (03) 9452 2617
Fax: (03) 9452 2660

Level 6, 14-20 Blackwood Street, North Melbourne, VIC 3051

PO Box 2156 Royal Melbourne Hospital VIC 3050

Email: communications@responsiblegambling.vic.gov.au

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