#Joyments Website

TERMS OF USE

1. Acceptance of Terms of Use

You must be 18 years or older to access and use the Joyments website (Website). You may view or access content on the Website, including any Content, only in accordance with these Terms of Use. By accessing and using the Website you signify your acceptance of terms (including these Terms of Use), conditions, notices and disclaimers displayed on or accessible from the Website. Additional terms, conditions, notices and disclaimers may apply to any person entering into any promotions in connection with or entered via the Website. We may at any time and without notice amend or update the Website and these Terms of Use. We will provide you with notification through the Website where we reasonably believe that any variation to these Terms of Use will cause material detriment to you.

2. The types of Content you can share

The purpose of the Website is to display various content that people submit or share in connection with the Website and that content may include images, photos, text, graphics, data, files, information, usernames (including social media “handles”), profiles, audio and video clips, sounds, musical works, applications, links and other content or material (Content).

Unless otherwise indicated, the use of the term Content in these Terms of Use includes both Shared Content and Linked Content, as set out in clause 3.

3. How to submit Content

Your Content may be submitted or shared to the Website in either of the following ways:

4. Acknowledgement of Content ownership

You warrant that you own or have the right to use the Content and any intellectual property rights in any Content that you use in connection with the Website, and that the use of the Content in connection with the Website (including, but not limited to, in respect of us performing and applying the Website functionality and any use of Submitted Content as Shared Content) is consented to and will not breach any laws or infringe the rights of any person or third party (including without limitation with respect to privacy, intellectual property or any criminal laws).

5. What you must not do

Your Content must NOT

6. Privacy

If your Content identifies you (e.g. is a photo of you or references your name) then you consent to us collecting that personal information of yours in accordance with the Privacy Collection Statement set out separately below. If your Content identifies another person other than yourself (e.g. is a photo of a friend or family member/s) then you have obtained their prior consent to us collecting their personal information in accordance with the Privacy Collection Statement set out separately below.

7. Licence

You agree to and grant to us and our contractors an irrevocable, non-exclusive, perpetual, royalty free, worldwide and transferable right to use, reproduce, adapt, modify, sub-licence, publish and communicate to the public your Content, or any part of your Content, including, but not limited to, in order to perform and apply Website functionality in respect of your Content, to store reproductions of your Content and to use your Content in any current or future advertising, promotional, marketing, publicity or social media purposes of ours in any form of media (including all forms of social media) without any restriction on use (time, geographic or otherwise). Further, you (as creator of the Content or authorised by the creator to provide consent in respect of it) irrevocably consent to us doing things that may, without such consent, otherwise infringe your moral rights such as altering your Content (e.g. cropping, editing or distorting your Content), using your Content without attribution of you as the creator of it and we may give the impression that we created the Content (for example in the event we use your Content in accordance with clause 8).

For the purpose of this clause 7, the reference to Content applies to all Submitted Content but it only applies to Linked Content which has been expressly consented to in accordance with clause 8(b)(ii).

8. Commercial Use of Content

We may wish to use your Content for particular advertising, promotional, marketing publicity or social media purposes of ours, in accordance with the following:

9. Responsibilities

While care has been taken, and will continue to be taken, in establishing the Website, the functionality of the Website and in aggregating Content that is displayed on the Website, we do not provide any guarantees in respect of the Website or any Content or information on the Website, and as such it is used at your own risk. We are not responsible for any Content on the Website and you are solely responsible for your use of the Website and any Content, including, but not limited to:

10. Accessing the Website

The accessibility and operation of the Website relies on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of the Website. From time-to-time we may also close or limit access to the Website or functionality of the Website for various reasons including, for example, scheduled downtime.

11. Our rights

We reserve the right to terminate the Website, refuse access to the Website or remove Content from the Website, in our absolute discretion, without notice. We are not obligated to monitor or moderate Content on the Website, however, we reserve the right to block, delete or not allow Content to appear on the Website.

12. How to request removal of your Content

If you wish to delete your own Content from the Website:

13. Providing feedback to us

If you are concerned about Content that you have seen on the Website (for example, if you think the Content is infringing your intellectual property rights or the Content is in some way inappropriate or objectionable) please contact us via telephone on 131 868 or email usercontent@thelott.com to request for the particular Content to be deleted. Please provide details of your complaint and the Content in order for us to correctly identify it.

14. Your rights

Nothing in these terms of use affects your rights under the Australian Consumer Law.

15. Limitation of Liability

We will not be liable for any use of the Website (including in respect of any Content you use or access in connection with the Website), to the extent permitted by law. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable to you for any Loss, Claim or Liability arising from or deemed or alleged to have arisen from or caused by the Website or any of its content or functionality, including without limitation any Content on the Website, your or any other person’s use or misuse of any Content on the Website, your use of or inability to use the Website, delays in operation or transmission, communication line failures, or any errors or omissions in Content save to the extent that such Loss, Claim or Liability arises directly from our negligence or wilful misconduct.

16. Indemnity

To the extent permitted by law, you agree to indemnify us, our officers, employees and agents from and against any Claims, Loss and Liabilities:

17. Intellectual Property

Intellectual property does or may subsist in or relate to the Website and the content we display on the Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property on the Website or in content we displayed on the Website and by accessing and using the Website you acknowledge such ownership and/or licence. You agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

18. Definitions

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Claim” means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Liability” means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Loss” includes any direct, indirect or consequential loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

References to "Tatts Group", “us”, “our” and “we” are references to Tatts Group Limited (ACN 108 686 040) and all its subsidiaries, including:



#Joyments Website

PRIVACY COLLECTION STATEMENT

1. We’re committed to protecting personal information

Tatts Group Limited (ACN 108 686 040) and its subsidiaries (collectively Tatts Group, we, us or our) provide lotteries, wagering and gaming services, including the operation of regulated lotteries. We respect your privacy and are committed to protecting your personal information. Defined terms used in the Privacy Collection Statement have the meaning given to them in the Joyments Website Terms of Use.

2. What information do we collect about you

If the Content that you choose to use as part of using the Website identifies you (e.g. is a photo of you, references your name or, for Linked Content, includes your social media “handle”, usernames or profiles), then we will collect that personal information of yours.

3. Why we collect and use your personal information

We may collect personal information about you:

4. Who we share your personal information with

We understand the importance of maintaining the privacy of your personal information and will seek to restrict access where possible. However, there are limited circumstances in which your personal information may be disclosed. Other than as between companies comprising us and our agents and employees, we may disclose your personal information as may be required or authorised by law or to a law enforcement body, gambling regulator or other third party including our contractors (such as IT suppliers and data host providers) or professional advisers (such as lawyers, accountants and auditors). We will not disclose your personal information to overseas recipients unless we tell you otherwise and in circumstances where it is permitted by the Privacy Act 1988 (Cth). We will always endeavour to minimise disclosure of information or de-identify information when lawful and practicable.

5. Your consent

By proceeding to use the Website, you consent to the above collection, uses and disclosures.

6. Your rights

Subject to any applicable qualifications in the Privacy Act 1988 (Cth), you have a right to access personal information that we hold about you. If at any time your details change or you would like to access any personal information we have collected about you or you would like more information on our approach to privacy, please contact us on the details below. You may also use these details if you wish to make a privacy complaint.

Mailing Address: Locked Bag 7, Coorparoo DC QLD 4151
General Phone Number: 131 939 or +61 7 3632 6000
Email address: privacyofficer@tattsgroup.com

Our Privacy Policy contains further information about –

Our Privacy Policy is located at http://www.tattsgroup.com/legal/privacy.