Bingo Bonanza Terms of Service
Bingo Bonanza Terms of Service
Last Modified: 1 September 2020
Bingo Bonanza Terms of Service
1.1 By using and/or participating in the Bingo Bonanza services and games (the Services) you are agreeing to enter into an agreement with Bucks Developments Limited, trading as Bingo Bonanza (Bingo Bonanza, us, we, our) on the terms and conditions set out in these Bingo Bonanza Terms of Service (Terms).
1.2 If you don’t agree to these Terms, or any subsequently modified Terms, you may not use the Services.
1.3 Bingo Bonanza reserves the right to modify these Terms at any time. Any changes to these Terms will be communicated to you by posting the modified Terms on the Bingo Bonanza website www.bingobonanza.co.nz (Site) or in the Bingo Bonanza application (App). It is important that you review any modified Terms before continuing to use the Services. If you continue to use the Services, you will be bound by the modified Terms.
1.4 If you breach these Terms, we may take action against you. This may include but is not limited to, suspension or termination of your account. You acknowledge that Bingo Bonanza will not reimburse or refund you for Services lost as a result of involuntary suspension or termination of your account.
2. Use of the Services
2.1 You agree that use of the Services remains at your own risk, and that you will not use the Services to violate any applicable law, regulation, event policies, or instructions and you will not encourage or enable any other individual to do so.
2.2 Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial content, including data submissions, edits, or removal requests. You agree that you will not submit inaccurate, misleading, or inappropriate content.
2.3 To use certain Services, you will have to create an account with us (an account), have access to a supported mobile phone and an Internet connection. You can create an account using your pre-existing Google or Facebook account or any other third-party account that we support, as selected by you on the App account creation screen.
2.4 You agree to keep your account password confidential, and you will notify us immediately of any unauthorised use of your account. Bingo Bonanza takes account security seriously; however, you remain responsible for all activity under your account, whether or not you know about it.
2.5 You agree that you will maintain safe and appropriate contact with other players and other people while using the Services and you will not harass threaten or otherwise violate the legal rights of others. While using the Services, you will not trespass, or attempt to gain access to any property or location where you do not have a right or permission to be. You will not engage in any activity that risks injury, death, property damage, nuisance, or liability of any kind. If a dispute arises with any third party as a result of your use of Services, you agree to release Bingo Bonanza and all related parties from all claims, demands, and damages (actual and consequential) of every kind, arising out of or in any way connected with such disputes.
2.6 Bingo Bonanza does not tolerate cheating of any kind, including (without limitation) any action that attempts to or alters or interferes with the normal behaviour or rules of a Service. The below list includes, but is not limited to, behaviour considered by Bingo Bonanza to be in breach of our Terms on your own behalf or on behalf of others:
(a) accessing Services in an unauthorised manner through modified or unofficial third-party software;
(b) using multiple accounts;
(c) sharing accounts;
(d) altering a device’s location; and/or
(e) selling, buying or otherwise trading accounts.
2.7 Should Bingo Bonanza detect, or reasonably suspect that any device connected to your account is linked to behaviour consistent with cheating, Bingo Bonanza will cease to provide support to the user registered to said device. You agree that Bingo Bonanza may employ lawful mechanisms to detect and respond to cheating, and other behaviour prohibited under these Terms.
3. Participation in Games
3.1 The term Game(s) means any in-person game, event, gathering, activity, promotion or the like which is directly organised, hosted, or managed by Bingo Bonanza. By registering or purchasing tickets for a Game, you guarantee that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you guarantee you have all necessary rights and consents to register and provide this information on behalf of others.
3.2 Subject to applicable law and the exceptions contained in these Terms, tickets are non-transferable and no refunds or exchanges of Game tickets are available and tickets are not redeemable for cash or credit. Reasonably acceptable proof of identity, such as a driver’s license or passport, proving your details, may be required to access a Game. Any actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorised sources may be invalid, lost, stolen, or counterfeit and may not be honoured. Tickets that are lost, stolen or destroyed cannot be replaced. Commercial use of tickets is prohibited without prior written approval from Bingo Bonanza. You agree to abide by any provided ticket limits or restrictions, any orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Bingo Bonanza does not guarantee your ability to purchase a ticket or attend a Game due to limits on space and availability.
3.4 You shall at all times comply with all applicable laws and any rules and policies including all health and safety policies and procedures provided by Bingo Bonanza or any other authorised party, including all reasonable instructions of the venue staff and Bingo Bonanza representatives at the Game. By participating in a Game, you agree to comply with all policies on the Site, including, any applicable Game website.
3.5 Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Games. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release Bingo Bonanza and any other party involved in the Game from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you withhold your consent to such security precautions and searches, you may be denied entry, or removed from, a Game without refund or other compensation.
3.6 Bingo Bonanza and its authorised third parties reserve the right to refuse admission to, or to remove from a Game without refund or compensation of any kind, any person that:
(a) does not comply with these Terms;
(b) engages in disorderly conduct or wilful misconduct; or
(c) Bingo Bonanza or its authorised third parties believe will cause a negative effect on the Game, participants, spectators, and/or personnel.
Any minor attending a Game must be accompanied by a Parent and will be the responsibility of the Parent.
3.7 Unless prohibited by applicable law, you agree that, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Game, including injury by any cause and damage, loss, or theft of property. You acknowledge that Games, and certain activities at Games, have inherent and unforeseen risks, including but not limited to:
(a) contact or collision with persons or objects;
(b) obstacles (e.g. natural and man-made water, road and surface hazards);
(c) equipment related hazards (e.g. broken, defective or inadequate equipment, unexpected equipment failure);
(d) weather related hazards;
(e) inadequate first aid and/or emergency measures;
(f) judgment and/or behaviour related problems (e.g. erratic or inappropriate participant, co-participant, or spectator behaviour or errors in judgment by personnel at the Game); and
(g) natural hazards (e.g. uneven or difficult terrain, wildlife and insects, contact with plants).
3.8 You agree to take all reasonable precautions before attending or participating in a Game and its activities, for example by ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You agree it is your responsibility to inspect the Game grounds, facilities, equipment and areas to be used. By participating in the Game, you acknowledge the Game grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to notify appropriate personnel immediately and cease participation in the Game.
3.9 To the extent permitted under applicable law, you hereby waive and release Bingo Bonanza and any other party involved in the Game from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in a Game, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or other Game participants and spectators.
3.10 Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks, items, rewards and/or content (collectively Game Features) advertised in connection with a Game are not guaranteed and are subject to change and/or cancellation at any time prior to or during a Game without notice or compensation of any kind. Admittance to a Game does not guarantee any specific Game Features while at the Game.
3.11 Game date, time and/or location are subject to change at any time. Bingo Bonanza will make a commercially reasonable effort to notify of any material changes in advance. If a Game is cancelled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value or credit for future Games for the same amount with no further liability or compensation from Bingo Bonanza or any other party. Any travel or accommodation costs incurred are entirely your responsibility.
3.12 You consent to and approve of Bingo Bonanza’s use of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Games and the royalty free use of this information. Bingo Bonanza may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
4. Limited Licence and Content Ownership
4.1 For the purposes of these Terms, unless the context otherwise requires:
content means the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including user content.
user content means any content a user of a Service provides to be made available through Services.
4.2 Bingo Bonanza reserves all rights in and to the Services, the content, the Site and the App not expressly granted to you under these Terms.
4.3 Subject to your compliance with these Terms, Bingo Bonanza grants you a limited license to:
(a) download and install a copy of the App for your own personal non-commercial use; and
(b) download and use the content within the Services.
4.4 Bingo Bonanza does not claim ownership rights in user content and nothing in these Terms restricts your right to use and exploit your user content. Exclusive of your user content, Bingo Bonanza and its licensors own all rights, title, and interest in the Services and content, including all associated intellectual property rights. You acknowledge that the Services and content are protected by copyright, trademark, and other laws of New Zealand. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or content.
4.5 By making any user content available through the Services you grant Bingo Bonanza a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license and right to use, copy, modify, create derivative works of, publicly display, publicly perform, market, promote and distribute your user content in connection with the operation of the Services and content. By accepting these terms, you allow Bingo Bonanza to benefit freely from the above rights, including but not limited to:
(a) the right to reproduce user content by any means and in any form;
(b) the right to make your user content publicly or privately available in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, or television broadcasting, and print;
(c) the right to use the user content for demonstration, marketing, promotion and advertising for all Bingo Bonanza Services; and
(d) the right to order the production of any new product or service from the user content or from any product incorporating or exploiting the user content, either reproduced as it stands or modified by Bingo Bonanza or by any outside party of its choice.
4.6 You represent and warrant that you own all your user content and may grant us the license rights in your user content under these Terms. You also represent and warrant that neither your user content, nor any use and provision of your user content made available through the Services, nor Bingo Bonanza's use of your user content on or through the Services will infringe a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the user contents, against Bingo Bonanza or any third party designated by Bingo Bonanza.
4.7 You can submit feedback including comments, and suggestions for improvements to the Services (Feedback) by reaching out to us on social media or support channels. Feedback is considered a form of user content.
4.8 Bingo Bonanza respects copyright law and will terminate in appropriate circumstances account holders who infringe or whom they expect to be infringing the rights of copyright holders.
5. Conduct and General Prohibitions
5.1 You agree that you are responsible for your own conduct and user content while using the Services, and for any consequences thereof.
5.2 You agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
(a) copy, modify, or create derivative works based on the Apps;
(b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party;
(c) reverse engineer, decompile, or disassemble the Apps;
(d) make the functionality of the Apps available to multiple users through any means;
(e) collect, store or share any other users personally identifiable information without their express permission;
(f) extract, scrape, or index the Services or content (including information about users or gameplay);
(g) use the Services or content, in a manner not permitted by these Terms, including but not limited to;
(i) gathering in-App items or resources for sale or any commercial use outside the Apps;
(ii) performing services in the Apps in exchange for payment outside the Apps; or
(iii) selling, reselling, or renting the Apps or your account;
(h) attempt to access, search or download the Services or content through any means other than those provided by Bingo Bonanza or other generally available third party web browsers (including but not limited to automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
(i) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code used to provide the Services or content;
(j) bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Bingo Bonanza or any of Bingo Bonanza’s providers or any other third party (including another user) to protect the Services or content;
(k) use, display, mirror, or frame the Services or any individual element within the Services, Bingo Bonanza’s name, any Bingo Bonanza trademark, logo, or other proprietary information, or the layout and design of any page or App without Bingo Bonanza’s express written consent;
(l) post, publish, submit or transmit any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
(m) access, tamper with, or use non-public areas of the Services, Bingo Bonanza’s computer systems, or the technical delivery systems of Bingo Bonanza’s providers;
(n) attempt to probe, scan, or test the vulnerability of any Bingo Bonanza system or network or Service, or breach any security or authentication measures;
(o) use any meta tags or other hidden text or metadata utilizing a Bingo Bonanza trademark, logo, URL, or product name without Bingo Bonanza’s express written consent;
(p) forge any part of the header information in any email or newsgroup posting, or in any way use the Services or content to send altered, deceptive, or false source identifying information;
(q) interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
(r) delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the content;
(s) violate any applicable law or regulation; or
(t) encourage or enable any other individual to do any of the foregoing.
5.3 Bingo Bonanza has the right to monitor access to and use of the Services or content for the purpose of operating the Services and to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any content that we consider to be in violation of these Terms, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult with law enforcement authorities to prosecute users and others who violate the law.
5.4 Any attempt by you to disrupt or interfere with the Services, including without limitation undermining or manipulating the legitimate operation of any Site or App, is a breach of Bingo Bonanza’s Terms and may be a breach or violation of criminal and civil laws.
6. Third Party Websites or Resources
6.1 Services may contain links to third party websites or resources. Bingo Bonanza provides these links for convenience but is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
6.2 Bingo Bonanza is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilise the Services or participate in a Game and you hereby release Bingo Bonanza and any other party involved in supplying the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
8. Disclaimer of Warranties
8.1 To the extent permitted under applicable law, the Services and content are provided "as is," without warranty of any kind. Without limiting the foregoing, Bingo Bonanza explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or noninfringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
8.2 You assume all risks relating to any online or offline communications and interactions with other users of the Services or any other persons with whom you communicate or interact with as a result of your use of the Services. You understand that Bingo Bonanza does not undertake any screening or inquiries into the background of any users of the Services. Bingo Bonanza makes no representations or warranties as to the conduct of users of the Services. You agree to take reasonable precautions in all communications and interactions with all persons with whom you communicate or interact with as a result of your use of the Services, particularly if you decide to meet offline or in person.
9. Limitation of Liability
9.1 To the extent permitted under applicable law, neither Bingo Bonanza nor any other party involved in creating, producing, or delivering the Services or content will be liable to you for any damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of any substitute services, the use of or inability to use the Services or content, any communications, interactions, or meetings with other users of the Services or persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Bingo Bonanza has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9.2 To the extent permitted under applicable law, in no event will Bingo Bonanza’s total liability arising out of or in connection with these Terms, an event, or from the use of or inability to use the Services or content exceed one thousand dollars (NZ$1000).
10. Dispute Resolution
10.1 You agree that disputes between you and Bingo Bonanza will be resolved by binding, individual arbitration. Either Party may refer the dispute to the Chairman of the Auckland Chapter of AMINZ for the appointment of a graded arbitrator who will arbitrate the matter in accordance with the Arbitration Act 1996 (NZ).
10.2 Unless the parties agree otherwise, the place of arbitration will be Auckland, New Zealand.
11.1 We reserve the right to suspend or terminate your access to and use of the Services, at our discretion, and without notice to you. Failure to comply with these Terms, suspected fraud, cheating or misuse of the content or Services and any other suspected unlawful activity associated with your account are grounds for the suspension or termination of your account. If your account remains inactive (i.e. not used or logged-into) for an extended period of time, we will notify you via the Services or in the App prior to termination of your account.
11.2 You may terminate your account at any time through the App help centres.
11.3 Upon termination of the Services or your account, the following provisions set out in these Terms continue to apply: content Ownership (section 4), Disclaimer of Warranties (section 8), Limitation of Liability (section 9), Dispute Resolution (section 10), General Terms (section 11) and this clause on termination.
12.1 Any notices or other communications provided by Bingo Bonanza under these Terms, including those regarding modifications to these Terms, will be given either by email or by notification to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you have provided.
12.2 Neither Bingo Bonanza, nor any other party involved in creating, producing, or delivering the Services or content shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, pandemic, epidemic, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
12.3 If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Bingo Bonanza’s prior written consent. Bingo Bonanza may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.4 Bingo Bonanza’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Bingo Bonanza. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12.6 These Terms and your use of the Services are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.