Terms of service

The Company provides the “Town Squared” immersive social game that provides a fun and

interactive maths-based learning experience for children. Use of Town Squared is subject to

these Terms of Service.

Please note - these terms are currently being updated to reflect usage in Schools. We will be emailing all account holders once complete. Town Squared is still in pilot (as of 05/10/22) and remains free to use for all account holders.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular

meaning:

(a) ABN means Australian Business Number.

(b) Account means a registered account with Town Squared.

under, and on the terms of, these Terms of Service.

(d) AI means artificial intelligence technologies.

(e) Block means the in-game currency earned and used by a Child within the Game.

(f) Business Day means a day (other than a Saturday, Sunday or public holiday) on

which banks are open for general banking business in Melbourne, Australia.

(g) Character means the personalised virtual character of a Child to play the Game.

(h) Child means a child who plays the Game under the Parent’s Account.

(i) Company means Playlunch Games Pty Ltd ABN 62 642 763 853.

(j) Confidential Information means any written or verbal information that:

i Any information deemed as confidential under these Terms of Service;

ii A party informs the other party that it considers it confidential and/or

proprietary;

iii A party would reasonably consider to be confidential in the

circumstances; and

iv Is Personal Information within the meaning of the Privacy Act and

GDPR.

but does not include information that a party can establish:

v Was in the public domain at the time it was given to that party;

vi Became part of the public domain, without that party’s involvement in

any way, after being given to the party;

vii Was in party's possession when it was given to the party, without

having been acquired (directly or indirectly) from the disclosing party; or

viii Was received from another person who had the unrestricted legal right

to disclose that information free from any confidentiality obligation.

(k) Family Portal means the online portal for Parents to view, track, analyse, and interact

with the Child’s learning experience from playing the Game.

(l) Fee means a fee charged by the Company for use of Town Squared.

(m) Game means the “Town Squared” interactive game for maths-based learning,

accessible from a Mobile Application Marketplace.

(n) Game Activity means any activity, quest, challenge, game, task, or tool made

available to a Child within the Game.

(o) GDPR means the EU General Data Protection Regulation 2016/679.

(p) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act

1999 (Cth).

(q) Intellectual Property means all copyright, patents, inventions, trade secrets, know-

how, product formulations, designs, circuit layouts, databases, registered or

unregistered trademarks, brand names, business names, domain names and other

forms of intellectual property.

(r) Mobile Application Marketplace means an online marketplace for access to the

Game and other applications for mobile devices, such as the App Store.

(s) Parent means a registered customer of Town Squared that sets up an Account and

pays the Fees on behalf of a Child as the Child’s legal parent or guardian.

(t) Personal Information means “personal information” as defined in the Privacy Act.

(u) Privacy Act means the Privacy Act 1988 (Cth).

(v) Privacy Policy means the Company’s privacy policy as updated from time-to-time,

which can be found at the Site.

(w) Resources means the educational resources, documents and materials provided to a

Parent within the Family Portal.

(x) Site means the Company’s website found at https://www.playlunchgames.com/ or

such other URL the Company may adopt from time-to-time.

(y) Subscription Fee means the Fee charged by the Company for use of Town Squared

on a periodical basis.

(z) Tax Invoice has the meaning given by the A New Tax System (Goods and Services

Tax) Act 1999 (Cth).

(aa) Terms of Service means the terms and conditions of using Town Squared, as

updated from time-to-time, which can be found at the Site and/or within the Mobile

Application Marketplace.

(bb) Town Squared means both:

i The Game; and

ii The Family Portal.

(cc) User means any Parent or Child that uses Town Squared.

(dd) User Data means images, information, documents, or other data that is uploaded or

input into Town Squared by the User or that forms part of the User’s Intellectual

Property.

1 Using Town Squared

1.1 General

(a) This Agreement forms a legal relationship between the Parent and the

Company.

(b) A Child is not regarded as an independent user of Town Squared and must

only use Town Squared with their parent or legal guardian’s consent.

i Agrees to these Terms of Service on the Child’s behalf; and

ii Represents and warrants that they are the Child’s legal parent or

guardian.

(d) The Parent shall be responsible for:

i Managing an Account;

ii Paying the Fees; and

iii Managing access on behalf of the Child.

(e) The Parent agrees that all use of Town Squared is subject to these Terms of

Service and must immediately cease to use Town Squared if the User can no

longer adhere to these Terms of Service.

(f) The Company may suspend the account or restrict the access of any User that

breaches the terms of these Terms of Service.

1.2 Account

(a) To use Town Squared, the Parent must first set up an Account.

(b) The Parent shall be responsible for creating and administering the Account on

the behalf of a Child.

have the effect of removing access to the Game for any Child linked to the

Account.

(d) The Parent must provide accurate and complete information when setting up an

Account and, if necessary, update the Account to ensure that such information

is maintained as current for the duration of these Terms of Service.

(e) The Parent may be required to enter Personal Information linked to themselves

or the Child as part of Account set up. Any Personal Information will be

Confidential Information for the purposes of these Terms of Service.

(f) Upon successfully creating an Account and paying any applicable Fees, the

Parent will be provided with login details to access both the Game and Family

Portal.

(g) The Parent shall be responsible for ensuring the Child has successfully

accessed the Game by using the login details provided.

(h) The Parent consents to the Child playing the Game and agrees to be

responsible for all use of the Game by the Child.

1.3 Features

(a) The Company shall provide the User with access to and use of the features as

agreed between the parties and provided within Town Squared from time-to-

time.

(b) For clarity, Town Squared comes as a package that includes:

i The Game for use by a Child; and

ii The Family Portal for use by a Parent.

1.4 Game

(a) The Game may allow a Child to:

i Play free and roam in the town environment within the Game;

ii Undertake and complete Game Activities;

iii Communicate and collaborate with other players;

iv Earn, invest and/or spend Blocks;

v Create and customise a Character; and

vi Use such other features as the Company may make available from

time-to-time.

(b) The Company will update and improve the Game from time-to-time, which may

include (without limitation) varying, adding or removing Game Activities, or

introducing new features altogether.

activity and capability. The complexity and difficulty of Game Activities for the

Child will be adapted accordingly, increasing challenge as the Child progresses

in the Game.

(d) The Company collects data from playing the Game to track the Child’s

behavioural trends in relation to maths and learning (such as the type of maths

problems they are strongest in or enjoy using the most).

(e) The Parent consents to the collection of data by the Company with respect to

the Child’s use of the Game.

(f) The data collected from playing the Game may be used by the Company for

research, developmental, statistical, analytical and/or archival purposes,

subject to and in accordance with the Privacy Policy.

(g) The Company incentivises the Child to achieve learning outcomes by providing

Blocks for successfully completing certain Game Activities. Blocks may only be

redeemed in-game by the Child to do or unlock certain things (such as upgrade

their Character) but are not redeemable for cash or otherwise.

(h) The individual results and performance of a Child may vary.

(i) The Company does not guarantee that the Game will achieve any particular

outcome or benefit.

1.5 Family Portal

(a) The Company will update and improve the Family Portal from time-to-time,

which may include (without limitation) varying, adding or removing Resources,

or introducing new features altogether.

(b) The data collected by the Company from the Child’s use of the Game is

analysed and then presented to the Parent via the Family Portal in the form of

insights, strategies, and recommendations (both in written and visual format).

Child’s activity and performance in the Game.

(d) The information shown within the Family Portal is automatically generated

solely from the Child’s use of the Game and does not take into account any

other factors or considerations.

(e) The Company makes no warranty or representation as to the accuracy or

truthfulness of any insights, recommendations or other information presented

within the Family Portal.

(f) The Parent must not rely on any insights, recommendations or other

information presented within the Family Portal prima facie without regard to

other considerations and due diligence.

(g) The Company cannot be liable in any circumstances from any loss or injury

suffered by the Parent as a result of decisions made on the basis of the Family

Portal and the information presented therein.

(h) The Company does not guarantee that the Family Portal will achieve any

particular outcome or benefit.

2 Fees, Payments and refunds

2.1 Fees

Fees are not applicable while Town Squared is in pilot.

2.2 Fee Variations

(a) The Company reserves the right to introduce or change any Fees from time-to-

time by giving the Parent no less than 28 days’ written notice. Any new or

changed Fees will apply at the next billing period after the Parent has been

given such notice.

(b) If a Parent does not accept a change to any Fees, then it can simply cancel its

Account.

2.3 Currency

All Fees are quoted in Australian dollars, however transactions may be processed in an

equivalent foreign currency (such as US dollars or British pounds).

2.4 GST

For Parents in Australia, GST is applicable to any Fees charged by the Company to the Parent.

Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Parent

will be provided with a Tax Invoice for any payments.

2.5 Refunds

No refunds of Fees are offered other than as required by law.

2.6 Late Payment.

(a) If the Parent does not pay the full Fees as required, the Company may suspend

all access to Town Squared for that Account.

(b) If Fees are not brought out of arrears within 28 days of becoming overdue, the

Company may cancel the Parent’s Account in Town Squared without notice

and end this Agreement.

way for:

i Interruptions to the availability of Town Squared or User Data in the

event of (a); or

ii Loss of User Data in the event of (b).

3 General Conditions

3.1 Licence

(a) By accepting the terms and conditions of this Agreement, the Parent is granted

a limited, non-exclusive, and revocable licence to access and use Town

Squared for the duration of this Agreement, in accordance with the terms and

conditions of this Agreement.

(b) The Company may revoke or suspend the Parent’s licence(s) in its absolute

discretion for breach of the terms and conditions in this Agreement by the User.

3.2 Modification of Terms

(a) The Company may, in its sole discretion, modify or update these Terms of

Service from time-to-time by giving written notice to the Parent.

(b) The modified terms shall come into effect the next time the Parent accesses

Town Squared following the update to the Terms of Service.

Service, the User must immediately cease using Town Squared.

3.3 Software-as-a-Service

(a) The Parent agrees and accepts that Town Squared is:

i Hosted by the Company and shall only be installed, accessed and

maintained by the Company, accessed using the internet or other

connection to the Company servers and is not available ‘locally’ from

the User’s systems; and

ii Managed and supported exclusively by the Company from the

Company servers and that no ‘back-end’ access to Town Squared is

available to the User unless expressly agreed in writing.

(b) As a hosted and managed service, the Company reserves the right to upgrade,

maintain, tune, backup, amend, add or remove features, redesign, improve or

otherwise alter Town Squared.

3.4 Support

(a) The Company shall provide reasonable support services in the manner agreed

from time-to-time.

(b) The Company reserves the right to require the payment of reasonable fees for

non-standard support requests prior to the provision of such support.

3.5 Use & Availability

(a) The Parent agrees that it shall only use Town Squared for legal purposes and

shall not use it to engage in any conduct that is unlawful, immoral, threatening,

abusive or in a way that is deemed unreasonable by the Company in its

discretion.

(b) The Parent is solely responsible for the security of its username and password

for access to Town Squared. The Parent shall notify the Company as soon as it

becomes aware of any unauthorised access of its Town Squared account.

the best of its abilities, however:

i Access to Town Squared may be prevented by issues outside of its

control; and

ii It accepts no responsibility for ongoing access to Town Squared.

3.6 Privacy

(a) The Company maintains the Privacy Policy in compliance with the provisions of

the Privacy Act for data that it collects about the User and other individuals.

(b) The Privacy Policy does not apply to how the User handles personal

information. If necessary under the Privacy Act and/or GDPR, it is the User’s

responsibility to meet the obligations of the Privacy Act and/or GDPR by

implementing a privacy policy in accordance with law.

User’s experience while browsing, while also sending browsing information

back to the Company. The Parent may manage how it handles cookies in its

own browser settings.

3.7 Data

(a) Security. The Company takes the security of Town Squared and the privacy of

its Users very seriously. The Parent agrees that the User shall not do anything

to prejudice the security or privacy of the Company’s systems or the information

on them.

(b) Transmission. The Company shall do all things reasonable to ensure that the

transmission of data occurs according to accepted industry standards. It is up

to the Parent’s to ensure that any transmission standards meet the User’s

operating and legal requirements.

3.8 Intellectual Property

(a) Trade marks. The Company has moral & registered rights in its trade marks

and the Parent shall not copy, alter, use or otherwise deal in the marks without

the prior written consent of the Company.

(b) Proprietary Information. The Company may use software and other

proprietary systems and Intellectual Property for which the Company has

appropriate authority to use, and the Parent agrees that such is protected by

domestically and internationally. The Parent warrants that it shall not infringe

on any third-party rights through the use of Town Squared.

Intellectual Property of the Company and the Parent further warrants that by

using Town Squared the User will not:

i Copy Town Squared or the services that it provides for the User’s own

commercial purposes; and

ii Directly or indirectly copy, recreate, decompile, reverse engineer or

otherwise obtain, modify or use any source or object code, architecture,

algorithms contained in Town Squared or any documentation

associated with it.

(d) Content. All content (excluding User Data) submitted to the Company,

whether via Town Squared or directly by other means, becomes and remains

the Intellectual Property of the Company, including (without limitation) any

source code, analytics, insights, ideas, enhancements, feature requests,

suggestions or other information provided by the User or any other party with

respect to Town Squared.

3.9 Third Party Dependencies.

The Parent agrees and acknowledges that Town Squared has third party dependencies which

may affect its availability and that the Company has no means of controlling the

availability of such dependencies and shall not be liable for any interruptions to such.

3.10 Confidentiality

(a) The Company agrees to keep all other User Data in the strictest confidence,

and to the extent User Data is accessed and/or received by the Company it

shall be deemed as Confidential Information for the purposes of these Terms of

Service.

(b) Each party acknowledges and agrees that:

i The Confidential Information is secret, confidential and valuable to the

disclosing party (Discloser);

ii It owes an obligation of confidence to the Discloser concerning the

Confidential Information;

iii It must not disclose the Confidential Information to a third party except

as permitted in these Terms of Service;

iv All Intellectual Property rights remain vested in the Discloser but

disclosure of Confidential Information does not in any way transfer or

assign any rights or interests in the Intellectual Property to the receiving

party; and

v Any breach or threatened breach by the receiving party of an obligation

under these Terms of Service may cause the Discloser immediate and

irreparable harm for which damages alone may not be an adequate

remedy. Consequently the Discloser has the right, in addition to other

remedies available at law or in equity, to seek injunctive relief against

the receiving party (and its agents, assigns, employees, officers and

directors, personally) or to compel specific performance of this clause.

immediately, when it becomes aware of:

i Any actual, suspected, likely or threatened breach by it of any

obligations it has in relation to the Confidential Information.

ii Any actual, suspected, likely or threatened breach by any person of any

obligation in relation to the Confidential Information; or

iii Any actual, suspected, likely or threatened theft, loss, damage, or

unauthorized access, use or disclosure of or to any Confidential

Information.

(d) The receiving party must promptly take all steps that the Discloser may

reasonably require and must co-operate with any investigation, litigation or

other action of the Discloser or of a related body corporate if there is:

i Any actual, suspected, likely or threatened breach of a term of these

ii Any theft, loss, damage or unauthorized access, use or disclosure of or

to any Confidential Information that is or was in its possession or

control.

3.11 Liability & Indemnity

(a) The Parent agrees that use of Town Squared at its own risk.

(b) The Company does not represent or warrant that the User will obtain a

particular benefit from use of Town Squared and especially that the Child’s

maths capability will improve.

or activities of any User and that the Company is not liable for such under any

circumstances.

(d) The Parent agrees to indemnify the Company for any loss, damage, cost, or

expense that the Company may suffer or incur as a result of or in connection

with the User’s use of or conduct in connection with Town Squared, including

any breach by the User of these Terms of Service.

(e) In no circumstances will the Company be liable for any direct, incidental,

consequential or indirect damages, damage to property, loss of property, loss

or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of

anticipated savings or any other similar or analogous loss resulting from the

User’s access to, or use of, or inability to use Town Squared, whether based on

warranty, contract, tort, negligence, in equity or any other legal theory, and

whether or not the Company knew or should have known of the possibility of

such damage, or business interruption of any type, whether in tort, contract or

otherwise.

(f) In no event will the Company’s total liability for all damages, losses, and causes

of action arising out of or relating to these Terms of Service exceed the amount

paid by the Parent to the Company for accessing Town Squared during the 3

months immediately preceding the date of the claim or one hundred dollars

($100), whichever is greater.

(g) Certain rights and remedies may be available under the Competition and

Consumer Act 2010 (Cth) or similar legislation of other States or Territories and

may not be permitted to be excluded, restricted or modified. Apart from those

that cannot be excluded, the Company and the Company’s related entities

exclude all conditions and warranties that may be implied by law. To the extent

permitted by law, the Company’s liability for breach of any implied warranty or

condition that cannot be excluded is restricted, at the Company’s option to:

i The re-supply of services or payment of the cost of re-supply of

services; or

ii The replacement or repair of goods or payment of the cost of

replacement or repair.

3.12 Termination

(a) Either party may terminate this Agreement by giving the other party written

notice or simply by cancelling the Account, and access to Town Squared shall

terminate at the end of the Parent’s subscription period active at the expiry of

that notice period.

(b) Termination of this Agreement is without prejudice to and does not affect the

accrued rights or remedies of any of the parties arising in any way out of this

Agreement up to the date of expiry or termination.

3.13 Dispute Resolution

(a) If any dispute arises between the parties in connection with this Agreement

(Dispute), then either party may notify the other of the Dispute with a notice

(Dispute Notice) which:

i Includes or is accompanied by full and detailed particulars of the

Dispute; and

ii Is delivered within 10 Business Days of the circumstances giving rise to

the Dispute first occurring.

(b) Within 10 Business Days after a Dispute Notice is given, a representative of

each party with the authority to resolve the dispute, must meet (virtually or

otherwise) and seek to resolve the Dispute.

Dispute unless it first complies with the requirements of the dispute resolution

mechanism outlined in this clause.

(d) Nothing in this clause prevents either party from instituting court proceedings to

seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

(e) Despite the existence of a Dispute, the parties must continue to perform their

respective obligations under this document and any related agreements.

3.14 General

(a) Electronic Formation. The parties agree and intend to be bound by this

Agreement when accepted electronically by the Parent through the Site.

(b) Notices.

i The Parent can direct notices, enquiries, complaints and so forth to the

Company as set out in this Agreement. The Company will notify the

Parent of a change of details from time-to-time.

ii The Company will send the Parent notices and other correspondence

to the details that the Parent submits to the Company, or that the

Parent notifies the Company of from time-to-time. It is the Parent’s

responsibility to update its contact details as they change.

iii A consent, notice or communication under this Agreement is effective if

it is sent as an electronic communication unless required to be

physically delivered under law.

iv Notices must be sent to the parties’ most recent known contact details.

i The Parent may not assign or otherwise create an interest in this

Agreement.

ii The Company may assign or otherwise create an interest in its rights

under this Agreement by giving written notice to the Parent.

(d) Variations. The parties may agree to any variations or special conditions to this

Agreement in writing.

(e) Prevalence. To the extent this Agreement is in conflict with, or inconsistent with

any Special Conditions made under this Agreement, the terms of those Special

Conditions shall prevail.

(f) Disclaimer. Each party acknowledges that it has not relied on any

representation, warranty or statement made by any other party, other than as

set out in this Agreement.

(g) Relationship. The relationship of the parties to this Agreement does not form a

joint venture or partnership.

(h) Waiver. No clause of this Agreement will be deemed waived and no breach

excused unless such waiver or consent is provided in writing.

(i) Further Assurances. Each party must do anything necessary (including

executing agreements and documents) to give full effect to this Agreement and

the transaction facilitated by it.

(j) Governing Law. This Agreement is governed by the laws of Victoria, Australia.

Each of the parties hereby submits to the non-exclusive jurisdiction of courts

with jurisdiction there.

(k) Severability. Any clause of this Agreement, which is invalid or unenforceable,

is ineffective to the extent of the invalidity or unenforceability without affecting

the remaining clauses of this Agreement.

(l) Interpretation. The following rules apply unless the context requires otherwise:

i Headings are only for convenience and do not affect interpretation.

ii The singular includes the plural and the opposite also applies.

iii If a word or phrase is defined, any other grammatical form of that word

or phrase has a corresponding meaning.

iv A reference to a clause refers to clauses in this Agreement.

v A reference to legislation is to that legislation as amended, re-enacted

or replaced, and includes any subordinate legislation issued under it.

vi Mentioning anything after includes, including, or similar expressions,

does not limit anything else that might be included.

vii A reference to a party to this Agreement or another agreement or

document includes that party’s successors and permitted substitutes

and assigns (and, where applicable, the party’s legal personal

representatives).

viii A reference to a person, corporation, trust, partnership, unincorporated

body or other entity includes any of them.

ix A reference to information is to information of any kind in any form or

medium, whether formal or informal, written or unwritten, for example,

computer software or programs, concepts, data, drawings, ideas,

knowledge, procedures, source codes or object codes, technology or

trade secrets.

END TERMS OF SERVICE

Terms of service

Definitions

1 Using Town Squared

2 Fees, Payments and refunds

3 General Conditions

by Playlunch Games