QUIZCLUBTV.COM - Terms and Conditions

It is an essential condition of accessing the Quiz Club TV Service that the user acknowledges and agrees to abide by the following Terms and Conditions, and the user's use or participation in the Service is deemed acceptance of these Terms and Conditions. These Terms and Conditions shall constitute the entire and only Agreement between the user and QUIZCLUB TV with respect to the supply of the Services.

    General

  1. QUIZCLUB in conjunction with its service providers, offers users the opportunity to receive weekly Content ("Trivia Tips") and FREE access to a weekly SMS quiz, whereby users compete for cash and/or prizes.
  2. The "QUIZCLUB TV" ("QUIZCLUB") website www.quizclub.com is owned and operated by QUIZCLUB Pty Ltd
  3. In these terms and conditions a reference to the words, 'QUIZCLUB', 'We', 'Us', or 'Our' means QUIZCLUB TV Pty Ltd trading as "QUIZCLUB".
  4. 'You', 'Your' or 'Customer' refers to you, the customer and user of the QUIZCLUB Service.
  5. QUIZCLUB uses both the internet and various communication and technology mediums, which include but are no way limited to dial-up and digital cable internet connections, DTH, MDS, and all forms of wireless phone communication ("Interactive Services") to provide mobile trivia content, and other information and data through its on-line WWW (World Wide Web) and SMS (Short Message Service) services to certain compatible mobile devices (the "Service").
  6. By using this website or by sending a SMS (Short Message Service) to any QUIZCLUB access number as seen on print ad, TV commercial, websites operated or powered by QUIZCLUB TV Pty Ltd or through other advertising media, you agree to be bound by these terms and conditions (Terms) as modified from time to time.
  7. Information of how to enter and prizes forms part of these Terms and conditions.
  8. Entry is only open to Australian residents. Employees (and their immediate families) of QUIZCLUB, and agencies associated with QUIZCLUB are ineligible to enter.
  9. If You do not agree to the Terms and Conditions specified herein You should not use the Service.

    10. How to access, enter and use the service

  10. QUIZCLUB is a weekly Trivia Content service that delivers weekly Trivia Content via WAP Link to your mobile phone at (2) x SMS at $6.60 per week and gives you FREE access to a weekly quiz in which you can win cash prizes.
  11. The FREE Quiz is a trade promotion used to promote QUIZCLUB.
  12. The weekly Quiz round commences every Saturday at 11:01AM and closes at 10:55AM the following Saturday, Australian Eastern Standard Time (AEDST) (the "Promotional Period").
  13. Participation in the Quiz is FREE, however to play and be eligible for cash prizes, You must, during the Promotional Period, be a subscriber of QUIZCLUB.
  14. By sending an SMS message to 1999 2777, containing a keyword, such as but not limited to, "Go" or "Quiz" you will become a subscriber of QUIZCLUB. QUIZCLUB is a subscription service.
  15. After successful registration, you will be permitted to play one (1) FREE Quiz per week through the Service to compatible mobile phones and other compatible devices.
  16. To be eligible for the Cash Prize, You as a subscriber of QUIZCLUB must answer all Quiz questions correctly ("Eligible Entry").
  17. Prizes will be awarded to the top 15 Eligible Entry users who answer the Quiz in the fastest or shortest time. If no Eligible Entries exist, the Prize Pool will jackpot to the next Promotional Period.
  18. Standard WAP & GPRS charges apply to downloads. Mobile phone capability required to download Trivia Content.
  19. QUIZCLUB winners will be contacted by SMS every Saturday at 11AM AEDST. Winners will need to respond to this SMS by sending their name and address details. QUIZCLUB will record these details and ensure the prize is awarded.
  20. Quiz responses are deemed to be received at the time of receipt into our Server database and NOT at the time of transmission by You.
  21. QUIZCLUB reserves the right, at any time, to verify the validity of Quiz responses or Entrant Details (including an identity, age and place of residence) and to disqualify anyone who submits an entry that is not in accordance with these Terms and Conditions or anyone who tampers with the entry process (including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs). Failure by QUIZCLUB to enforce any of its rights at any stage does not constitute a waiver of those rights.
  22. Incomplete, indecipherable or illegible entries will be deemed invalid.
  23. If there is a dispute in relation to an Entrant’s identity, the entrant will be deemed to be the person who holds the mobile phone account from which the SMS was sent.
  24. QUIZCLUB's decision is final and no correspondence will be entered into.
  25. The Cash prizes will be awarded in the form of a pre-paid VISA cards.
  26. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
  27. The Prize Pool during the Promotional Period is $1000-$5000.
  28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  29. Winners must respond to the Winner SMS within 48hrs to claim their prize. If a prize is unclaimed, the prize will be forfeited. Winner's name will be published on the website within 72hrs of Winner SMS being sent.
  30. This website and its contents are subject to, and protected by, Australian and international copyright and other intellectual property laws.
  31. ""FREE QUIZ Promotion"", logos, pictures, text, icons, graphics, sound recordings and software and any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("QUIZCLUB’s Intellectual Property Rights") are owned by QUIZCLUB TV Pty Ltd or its licensors, and you agree to make no claim of interest in or ownership of any such QUIZCLUB’s Intellectual Property Rights.
  32. You acknowledge that no title to the QUIZCLUB’s Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
  33. You may view this website and its contents by using your web browser or mobile phone and save an electronic copy, or print out a copy, of parts of it solely for your own use.
  34. You must not reproduce, transmit (including broadcast), adapt or otherwise use the copyright in the whole or any part of this website for any other purpose except as expressly permitted by statute or with QUIZCLUB TV's prior written consent.

    35. Costs, Charges and Cancellation of Services

  35. Sending an SMS to 1999 2777 costs 25c. You must have premium service access. Individuals under the age of 15 must seek bill payer's permission.
  36. All SMS Messages received from 1999 2777 will be FREE of charge.
  37. You will receive 2 x ("Trivia Tip") via WAP Link per week at $6.60.
  38. Standard carrier costs apply when delivering an SMS, WAP or GPRS message.
  39. We reserve the right to offer from time to time, at Our discretion, a seven (7) day free subscription for new subscribers. This will be a promotional offer which will be linked to certain marketing campaigns for QUIZCLUB and will be applicable only to subscribers that subscribe to the service during the period of the promotional offer.
  40. All payment takes place easily over your monthly phone bill or pre-pay credit.
  41. All charges are subject to change upon notice from QUIZCLUB. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.
  42. To unsubscribe from QUIZCLUB at any time the You can SMS "STOP" to 1999 2777. This is a subscription service.
  43. You acknowledge that all requests will be processed within 24hrs from date of request.
  44. You agree that QUIZCLUB, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if QUIZCLUB believes that you have violated or acted inconsistently with these Terms.
  45. Customers joining QUIZCLUB from Victoria or New South Wales will receive a limited subscription of upto 15 weeks only. Should you wish to re-join the service after this period, you will need to send the word GO to 1999 2777.

    46. Disclosure and Other Communication

  46. By using this Service, you consent to QUIZCLUB sending electronic commercial messages to You to inform You of changes or additions to the Service, or of any other related products and services.
  47. QUIZCLUB collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. Unless otherwise advised, QUIZCLUB may also use the information for promotional, marketing and publicity purposes including sending electronic messages. All entries become the property of QUIZCLUB.
  48. Entrants consent to QUIZCLUB using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by QUIZCLUB.

    49. Contracts for Products and Services of Third Parties

  49. Some components of the Service are supplied to Us by third parties and We make no promises, express or implied, as to the Service including, but not limited to, its accuracy, relevance, or quality.
  50. Where reasonably possible, QUIZCLUB shall indicate the products and services as third party content. Even though they may be co-branded with QUIZCLUB and therefore include QUIZCLUB's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party.
  51. QUIZCLUB shall not be a party to or in any way responsible for any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.

    52. SMS Message Security and Delivery

  52. Sending SMS or WAP messages to your mobile phone depends on electronic transmission of data across networks operated by mobile phone service providers. Because QUIZCLUB does not control the SMS / WAP networks for mobile phones, QUIZCLUB cannot guarantee the security of mobile phone data transmissions. You can however check with your mobile phone service provider for information about their privacy and security practices.
  53. Personal information will only be collected where it is necessary in order for QUIZCLUB to carry out one or more of Our functions or activities.
  54. We reserve the right to disclose information about You to any applicable regulatory or government bodies where We are required by law to disclose such information.
  55. You are responsible for ensuring that any contact details provided by You are current and up to date.
  56. In addition, the Service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by network performance and other operational factors beyond Our control including, but not limited to, congestion, network coverage, dropped connections, the performance of Your mobile phone and the maintenance of secure network connections. We can accept no responsibility for losses caused by any of these factors or any factors which could be reasonably considered outside Our control.
  57. You are responsible for ensuring your mobile phone can receive SMS / WAP messages, and that it is working correctly, turned on and within signal range of the mobile phone network.
  58. We will not be liable to You in any way for failures, defects or delays in the delivery of the Service which are caused by one or more of the following reasons:
    • You have provided an incorrect phone number or other incorrect information before ordering a Service;
    • Your mobile phone does not support the Service;
    • Your message mail box is full and has no additional memory to receive the download;
    • Your phone is out of range or for some other reason cannot be contacted;
    • You accidentally erase a Service provided to You.

    59. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

  59. In compiling the information contained on, and accessed through this website and via the SMS Service provided, QUIZCLUB has used its best endeavours to ensure that the information is correct and current at the time of publication, but takes no responsibility for any error, omission or defect therein.
  60. You acknowledge that You are only entitled to use the Service for lawful purposes, for Your own personal, private use and will not use the Service in breach of Our or any third parties intellectual property rights in the Service.
  61. The Mobile Content may only be used by You for personal, non-commercial use and not otherwise for copying, republication, re-distribution, re-dissemination, re-communication, publication or any other commercial exploitation in any form or by any method whatsoever by You or other persons.
  62. The Mobile Content will not be used by you in a manner and context that damages the reputation and goodwill of QUIZCLUB.
  63. You will observe all reasonable instructions from QUIZCLUB regarding any usage restrictions of or corrections to items in the Content.
  64. QUIZCLUB will not be liable for any costs incurred or for any reimbursement as a result of unauthorized subscription to the Service by someone else using your mobile phone.
  65. QUIZCLUB warrants that the Service will be rendered with due care and skill and that all necessary licenses for Mobile Content provided by QUIZCLUB have been obtained.
  66. Except in jurisdictions where such provisions are restricted, You agree that QUIZCLUB's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount You paid for such service(s) during the term of this agreement. Except in jurisdictions where such provisions are restricted, QUIZCLUB, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages even if QUIZCLUB has been advised of the possibility of such damages.
  67. To the extent that a State of Australia does not permit the exclusion or limitation of liability as set forth herein, QUIZCLUB's liability is limited to the extent permitted by law in such State.

    68. Virus Warning

  68. The internet is an unsecured public network. There is a risk that: information sent to or from this website may be intercepted, corrupted or modified by third parties; files obtained from or through this website may contain computer viruses or other defects. In using this website and material from it, you assume these risks and responsibility for any loss, damage or consequence resulting directly or indirectly from these risks.
  69. Due to the nature of telecommunications systems We are unable to guarantee the Services will always be fault or virus free. You acknowledge that the Service may, from time to time, be adversely affected by events outside Our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and will take all reasonable steps at Our expense to correct any error, omission or mistake, but will not be liable for any error, delay, or failure in transmission of the Service that could be reasonably considered beyond Our control.

    70. Interruptions or Discontinuation of Service

  70. QUIZCLUB may suspend the Service for repair, maintenance, and/or upgrade work. In such event, QUIZCLUB shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible.
  71. QUIZCLUB reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves.

    72. Notifying claims

  72. If you believe QUIZCLUB is liable to you, you must notify QUIZCLUB in writing within 72 hours of delivery of the Services to you. If QUIZCLUB does not receive a written notice from you within that time, QUIZCLUB will have no liability to you.
  73. QUIZCLUB will have no liability to you, even if you give QUIZCLUB a written notice within that time, if you do not commence legal proceedings against QUIZCLUB within [6 months] of the date of delivery (or if not delivered, the dates they should have been delivered) of the Services.

    74. Indemnification

  74. You agree to indemnify and hold QUIZCLUB, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

    75. Variations

  75. You acknowledge and agree that we may change the terms of use at any time, which changes shall be effective upon posting such changes to the website. Any use of the service after such posting shall constitute a binding acceptance by you of this agreement or any subsequent modifications.

    76. Governing Law

  76. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of Queensland. You irrevocably and unconditionally agree that for any matter arising out of or pertaining to this Service or Agreement, the proper venue shall be the courts and legal tribunals located in Brisbane, QLD, Australia.
  77. QUIZCLUB makes every possible effort to comply with the following Laws and Regulations, including but not limited to:
    • SPAM Act 2003
    • Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007
    • Do Not Call Register Act 2006 & Do Not Call Register (Consequential Amendments) Act 2006
    • Fair Trading (Further Amendment) Act 2003 (VIC)
    • Fair Trading Amendment Act 2003 No 35 (NSW)
    • Privacy Act 1988
    • State Trade Promotion Licensing Laws
    • Other industry specific codes of Conduct.
  78. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  79. QUIZCLUB makes no representation that the content of the Website complies with the laws of any country outside Australia.
  80. All rights not expressly granted herein are reserved.

    81. Further Information

  81. To Unsubscribe from the service please call 1300 767 306 anytime. Your request will be processed immediately as we have a direct Database connection to this hotline.
  82. To speak to a Customer Service Operator please click on the Live Chat Customer Service link above.
  83. If you still need further clarification please email us at help@sms-helpdesk.com