Issue Date: September 2017

1. The Agreement

1.1 These Terms and Conditions are the terms and conditions of the subscription agreement (‘Agreement’) between You (You are our subscriber or potential subscriber) and 8Z Pty Ltd (a registered company in New South Wales, Australia under ABN 34 131 873 151).

1.2 8Z Pty Ltd (hereinafter referred to as “Company, Provider, we, us, our, ourselves”) owns and operates the In Game mobile site and provides the In Game service.

1.3 This Agreement governs your use of the In Game mobile site as defined below hereafter referred to as the “Service”. It explains our obligations to You, and your obligations to us in relation to the Service.

1.4 By requesting the In Game subscription Service and access to the In Game service, You agree to be bound by these Terms and Conditions and furthermore You acknowledge and confirm that:

You are the person responsible for the mobile account associated with the mobile number provided on the subscription service;

You are responsible for all services used through that mobile account;

You authorize your mobile carrier to charge appropriate fees directly to your mobile service bill (meaning if you are on a post-paid service the charges are billed to your mobile phone statement or if you are on a prepaid service the charges are deducted from your prepaid balance);

You are at least 18 years of age. If under 18, then You MUST have the account holder/bill payer’s permission to subscribe;

You understand that it is your responsibility to ensure that your mobile device is compatible to use the Service and that the mobile phone is correctly configured;

You agree that you will not allow unauthorised individuals to use your mobile phone account as identified by your mobile phone number;

You agree to abide by Australian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws; AND

You agree, understand and accept these Terms and Conditions and the associated Privacy Policy.

1.5 You may use the Service only in accordance with the terms of this Agreement, any amendments and any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.

2. Terms relative to the Subscription Service

2.1 The In Game service is a subscription membership that provides its members access to a vast selection of sports content including video, data, news and coverage of various leagues and tournaments all optimized for your mobile.

2.2 The Service is available to residents of Australia only.

3. Payment & Costs

3.1 Form of Payment

3.1.1 Depending on your mobile phone account set up and type/service, You may choose to be billed for your subscription sign up and ongoing fee by:

Pay via Mobile - This is where the associated charges^;

• For Post-pay service, will be added your Mobile Phone Carrier billing statement
• For Prepaid service, will be deducted from Your Mobile Phone Carrier account

^ Applicable charges are as shown in Fees & Charges

3.2 Fees & Charges

The applicable fees and cost of the In Game subscription service will continue until You unsubscribe and are detailed below:

3.2.1 Direct Carrier Billing

All carriers:

• Ongoing subscription fees – $5.00 – Every 7 days from your subscription date.

NB: Carriage fees and data charges may apply. We are not responsible for the respective carrier fees even if they arise when you use the Service.

3.2.2 WiFi/Non-Direct Carrier Billing

All carriers:

• Ongoing subscription fees – $5.00 – Every 7 days from your subscription date + 25c/msg sent to In Game.

You will be notified when you have reached/incurred $30 charge of subscription cost.

NB: Carriage fees and data charges may apply - Your Carrier provider/operator may charge You the applicable rate for SMS sent by You including any related download charges effected by You as per your agreement with them. This may be at a cost of 0.25c per SMS. We are not responsible for the respective carrier fees even if they arise when you use the Service.

3.3 Change to existing Fees

All fees as shown above are subject to change upon reasonable notice from us. In the event of a fee increase, we will inform you of the new fees/charges and the effective date for the new fees/charges. We will inform you of the fee increase at least 30 days before the effective date. If you do not wish to accept the new fees, you may cancel/terminate your subscription (refer to Cancellation/Termination of Your Service below) prior to the revised/new fees being applicable. Your cancellation/termination request will be effective immediately.

3.4 Promotional subscription offer

The Provider reserves the right to offer from time to time and at its discretion 1 week’s free subscription for new subscribers. This will be a promotional offer which may be linked to certain marketing campaigns for the respective Service and will be applicable only to subscribers that subscribe to the Provider Service during the period of the promotional offer. Relevant Terms & Conditions for the promotional offer are applicable and will be made available at the time of promotion. The Provider can withdraw the promotional offer at any time without prior notice of any kind.

4. Subscription Membership Package

4.1 As part of your subscription membership to the Service You will receive the following:

MoCoin is a virtual currency which are used in Services to redeem certain features of a Service e.g., tips or videos or entry into promotions.

Direct Carrier Billing

MoCoin(s) value for In Game

MoCoins - 10 MoCoins credited to Your Account upon successful weekly billing.

Frequency - On the day of Subscription and then Every 7 days from subscription date

Cost - $5.00

On the subscription date and every 7 days thereafter, You will receive fresh link(s) every time You are billed, giving You access to the Service.

5. Quality of Subscription Service

5.1 Mobile device compatibility

It is your responsibility to ensure that the mobile device is compatible to use the Service and that the mobile phone is correctly configured.

For mobile device compatibility questions please phone our helpline on 1300 886 534.

Note:

We will not refund your subscription fee or any other fees if it turns out that the requested mobile content is not compatible with your handset.

The Service is also available via supported wireless devices

MoCoins will not be returned or refunded in the event that You are not able to receive the requested downloaded content.

5.2 Usage of Subscription Service

You understand and agree:

You are fully responsible for all activities that occur under your account or through your subscription.

You agree that You will not allow unauthorised individuals to use your account as identified by your mobile phone number.

You agree to notify us immediately in case You become aware of or suspect unauthorised use of your account or subscription or any other breach of security.

You agree that we are not liable to You or anyone else for any content or materials constituting all or part of any download or any other aspect of the Service that You might find objectionable.

6. Cancellation/Termination of Subscription Service

6.1 By You

You may choose to terminate/cancel your subscription/membership to the Service at any time. To cancel your membership, simply:

Mobile site:Go to 'HOME' then select 'My Account' section and click on 'unsubscribe' OR

By SMS:Simply text 'STOP' to 19741313

By Phone:Call the helpline on 1300 886 534 (local call cost may apply)

Your cancelation/termination request will be processed and your account be closed immediately. Any fees already incurred/charged will be forfeited and not refunded.

* users with PSMS restrictions will not be able to unsubscribe via SMS

6.2 By US

We may at our sole discretion suspend or terminate your account with or without notice to You. This includes but is not limited to, in the event of any breach of these Terms and Conditions, if You are deemed to have abused the Service. “Abuse of the Service” is defined as, but not limited to, excessive content requests leading to over allocation of system resources. In the event that we terminate Your account subsequent to breaches of these Terms and Conditions, we will have no liability or responsibility to You and will not refund any portion of Your fees charged to date. In the event that we terminate Your account for convenience, we will refund your subscription fee for the relevant week.

7. Change to Subscription Service

7.1 We reserve the right from time to time to modify or temporarily suspend the Service (or any part thereof) with or without notice to You subject to any liability we have under the Australian Consumer Law. You agree that neither we nor our partners or affiliates shall be liable to You for any modification or temporary suspension of the Service.

8. Privacy

8.1 To provide You with the Subscription Service, we may need to collect certain personal information from You. The 8Z Pty Ltd Privacy Policy applies to our delivery of the Service to You. Our Privacy Policy provides You with information on our collection, handling, use/disclosure and maintenance of your personal information. For example You agree that we may disclose personal information such as your mobile number to your mobile service carrier provider to secure collection of fees. To provide You with the Service we may also need to disclose your information to our third party providers/suppliers. Furthermore, we may also be need to disclose your information as may be required by law (for example for legal proceedings, under Court Orders etc.). For more information on our handling, managing and storing of your information please refer to our Privacy Policy.

9. Recording of Calls

9.1 Your calls to our Helpline may be recorded for quality and training purposes. Kindly enquire with our Customer Service Care centre should You have any questions about the calls being recorded.

10. Trademark

10.1 All trademarks, Service marks, trade names, domain names, slogans, logos and other indicia of origin that may appear on or in connection with the Service are the property of the Company and/or our partners and the respective licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

11. Violation of Intellectual Property Rights

11.1 If we receive a Notice alleging that You have engaged in infringing behaviour or reasonably suspect that your use of the Service violates our Company’s or another’s intellectual property rights, we may at our sole discretion, suspend or terminate your account with or without notice to You. Also refer to the ‘Termination of Service by us’ clause above.

12. Copyright Information

12.1 The Service is for your personal use. You understand and agree that You may not transmit or retransmit, broadcast or re-broadcast or make any commercial use of the Service, including the mobile content.

12.2 We grant You a limited, non-exclusive, non-transferable, revocable right to download the mobile content to your compatible device solely for your own non-commercial use. You understand and agree that You may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the mobile content except as expressly provided in these Terms and Conditions.

12.3 You understand and agree that You may not authorise, encourage or allow any mobile content used or obtained by You to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and You agree that You will take reasonable steps to prevent any unauthorised reproduction and/or other use of them.

12.4 The Service and all applicable content may contain copyrighted and/or proprietary subject matter. Your usage of the service and its applicable content are governed by these Terms and Conditions, all applicable laws, including but not limited to intellectual property laws. Your use of the Service and its mobile content is under license.

13. Remedies

13.1 You agree to indemnify and holds harmless, our Company, our associated partners, agents, affiliates and/or licensors, as applicable, against any improper, unauthorised or illegal uses of your account.

13.2 You understand and agree that any unauthorised use of the Service would result in irreparable injury to our Company, our associated partners, agents, affiliates and/or licensors for which money damages would be inadequate, and in such event our Company, our associated partners, agents, affiliates and/or licensors shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against You. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims our Company, our associated partners, agents, affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

14. Liability

14.1 We agree to provide the Service to you subject only to the terms, conditions and warranties contained in this Agreement and any non-excludable rights You have under the Australian Consumer Law, including in particular under any applicable consumer guarantees. Any liability that we might otherwise have to you in connection with our Agreement or Service is expressly excluded.

14.2 You will not hold us and/or our partners responsible for any damages that result from You accessing the Service, using the Service including but not limited to any infections, or contaminations of your devices You use to access the same or to transfer mobile content that may result from that use.

14.3 Under no circumstances shall we be liable for any unauthorized use of the Service and/or content.

14.4 Under no circumstances shall we and/or our partners, as applicable, be liable to You for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the Service, except to the extent that You are entitled to recover your reasonably foreseeable loss under the Australian Consumer Law.

15. Indemnity

15.1 You agree to indemnify and hold us, our associated partners, agents, affiliates and/or licensors from and against any and all claims, actions, demands, causes of action (collectively “Claims”) and other proceedings relating to your use of the Service arising out of your (or any person acting with your express or implied authority) breach of this Agreement or negligent acts or omissions, and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

16. Law and Legal Notices

16.1 This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Service. You understand and agree that, except as expressly set out herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be severed and the remainder construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder shall remain in full force and effect. Our failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. This Agreement is subject to the laws of the State of New South Wales and both parties submit to these.

17. Complaints/Disputes

17.1 Should You have an enquiry or have a dispute/complaint about the Service, you can contact us:

By phone: 1300 886 534

By email: help@ingame.com.au

By mail: Attn: Customer Service Care

8Z Pty Ltd

6/78 William Street

Sydney NSW 2000

17.2 For further information on our complaints escalation process, please visit http://www.8zmobile.com/support/ or to request a full copy of our complaints handling and resolution procedure, contact our Customer Service Team via the above options in 17.1.

18. Changes to this Agreement

18.1 This Agreement is correct as at the issue date mentioned above. You acknowledge and agree that this Agreement is subject to change by us at any time. In the event of changes to this Agreement, the changes shall be effective upon posting such changes to our mobile sites. Your continuation to subscribe to the relevant Service after such posting shall constitute acceptance of the new Agreement by You.

These Terms & Conditions have been issued by
8Z Pty Ltd
6/78 William Street
Sydney NSW 2000
ABN 34 131 873 151