Terms + Conditions

We can’t wait for you to start using Komo, but we of course need to make sure you’re doing it right. We’ve established some ground rules for how to best use our awesome platform below. If you promise to follow them, we promise to keep doing what we do best – constantly improving how we deliver kick-ass gamified content, all with amazing customer service to match.

Terms and Conditions of Service and Use

These Terms and Conditions of Service and Use (“Terms”) describe the terms that apply to individuals who visit komo.digital or any other services, tech, apps, platforms, websites, developed or created by Gravy Gaming Pty Ltd (“Komo”). By using the site or our services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use our site or services.

General Terms

By using or accessing Komo, you thereby agree, that you have read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance herewith. You thereby agree that your use shall comply with all applicable federal, state and local laws or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws applicable to your use. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing Komo.

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

  • That the content, materials and other intellectual property contained or embodied in Komo are owned by Komo and are protected by copyright, trademark and other similar laws. Solely for purposes of clarification, the foregoing acknowledgement does not include your intellectual property addressed in the Section “Copyright and Content Ownership” below;
  • Not to transmit, send or otherwise post unauthorized commercial communications (such as spam) using Komo;
  • Not to collect personal information, content or other information related to users of Third-Party Websites or Komo, except in accordance with (i) all terms, policies and rules of Komo, and (ii) all applicable federal, state and local laws, rules and regulations;
  • Not to access Komo using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
  • Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Komo in its sole discretion;
  • Not to use Komo in any manner that is, or could reasonably be construed to be, unlawful, fraudulent, misleading, malicious, or discriminatory;
  • Not to take any action that could disable, overburden, or impair the operation or availability of Komo, such as a denial of service attack;
  • Not to facilitate or encourage any violations of this Statement;
  • Not to make your Komo account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
  • Not to use copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
  • Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, Komo or any portion thereof;
  • Not to remove any trademark, copyright or other proprietary notations, designation or notice from Komo; and
  • Not to take any other action that could result in any damage or disruption to Komo, or that could otherwise result in any liability, damages, costs or expenses on the part of Komo.

Changes to these terms

We may decide, at any time, to modify any or all of these Terms if we make changes to the site or services, in response to changes in the law, or for other reasons. We will post any changes to these Terms on this page, without advance notification to our users. Any changes to these Terms will become effective as soon as they are posted on this page, so your continued use of our site or services after the modifications are posted, will constitute your acceptance of the modifications.

Modifications and interruptions

We reserve the right to modify or discontinue all or any portion of the site or services, or any content therein, at any time. We may do any of the foregoing without any liability to you. Komo does not guarantee continuous or secure access to the site or services, or that operation of the site or services will be uninterrupted or error free, and you understand that usage of our site or services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Intellectual property rights

Copyrights and other intellectual property rights in the user content available through the platform are owned either by the individual contributors of that content, or by the applicable social media services. Copyrights and other intellectual property rights in all features, functionality, code, and aspects of the site and services other than the user content, are owned by Komo (or in some cases may be licensed to Komo by third parties). Based on the presence of this notice of copyright ownership, any infringement of the protected content of the site and services will be deemed by Komo to be an intentional infringement. All third party trademarks displayed on the site are the trademarks of their owners, and do not constitute an endorsement or recommendation of such parties by Komo. In addition, use of any third party trademarks or links does not imply, directly or indirectly, that those third parties endorse or have any affiliation with Komo.

Disclaimer of Warranties

KOMO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. KOMO AND EACH USER OF KOMO EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING: KOMO AND EACH USER OF KOMO DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF KOMO; KOMO DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) KOMO WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) KOMO WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KOMO WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH KOMO WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN KOMO WILL BE CORRECTED; KOMO AND EACH USER OF KOMO DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH KOMO; AND, KOMO AND EACH USER OF KOMO DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON KOMO OR RECEIVED THROUGH ANY LINKS PROVIDED BY KOMO.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF KOMO IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THAT RESULTS FROM OR ARISES FROM YOUR USE OF KOMO.

Limitations of Liability

WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, KOMO, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AFFILIATES, SHALL NOT BE LIABLE TO ANY USER, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO KOMO IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY SUCH USER IN CONNECTION WITH KOMO, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE THAT KOMO MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED FROM BY THESE TERMS AND CONDITIONS.

Indemnification

You agree to indemnify, defend and hold Komo harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your actual or alleged violation of these Terms, the terms of any social media service you have used in connection with the services, or any other actual or alleged violation of applicable laws or regulations relating in any manner to interaction with or use of our site or services by you or another user using your computer or account.

Entire Agreement

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding Komo, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions.

Waivers

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

Questions?

If you have any questions about these Terms and Conditions of Service and Use please get in touch with [email protected]

 

 

Komo Live – Western Sydney Wanderers – 24th Feb 2019

The promoter is: Gravy Gaming Pty Ltd ABN 17 603435203 whose registered office is at Level 4, 15 Ogilvie Road, Mount Pleasant, Western Australia, 6153.

There is no entry fee and no purchase necessary to enter this competition.

1 quiz will be open at Sunday February approx 8:05pm EST where users have 60 seconds to answer 4 questions.

Entrants can play the quiz from https://komo.live. All users are required to register on the site before they play the game. The winner will be selected on who scores the most points.

The rules of the competition and the prize for each winner are as follows:

Winners will be selected by approx 8:10pm AEST Sunday 24th February and will be contacted on the email provided at registration.

Winners will be announced and published on the Komo website by 25th Feb and available at https://komo.digital/competitions

Entrant must enter using a valid name and email address to be considered for any prizes.

Entry into the competition will be deemed as acceptance of these terms and conditions and the General Komo Competition Rules which can be found further down this page.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network or Apple.

The information provided will be used in conjunction with the following Privacy Policy found

Here https://komo.digital/privacy

  1. This Competition Policy applies to all of Komo’s online competitions or contests (the Competition(s).
  2. Specific contests may have a set of rules specific to that Competition (Contest Rules), in which case:
    1. the contest will be governed by both this Competition Policy and the Contest Rules;
    2. the Contest Rules will be made available on the Site;
    3. to the extent that there is inconsistency between the rules contained in this Competition Policy and the Contest Rules, the Contest Rules will prevail; and
    4. a person who enters a Competition agrees to be bound by both this Competition Policy and, if in effect, the Contest Rules.
  3. Failure by Komo to follow or uphold this Competition Policy and/or any Contest Rules will not give rise to a claim by any person.
  4. Every competition will be conducted (and a winner(s) determined) at the absolute discretion of Komo. The Judge(s) decision is final and no correspondence will be entered into.
  5. Entry is open to all, except:
    1. any person who does not meet the eligibility requirements of the Competition which may be specified in the Contest Rules;
    2. any person who does not give complete or correct registration or other details requested by Komo upon the entering of, or during the course of, a Competition;
    3. employees, servants, agents, sub-contractors or those employed by sub-contractors of Komo and their immediate family (including, but not limited to, their parents, siblings, children, and de facto partners (Immediate Family));
    4. employees, servants or agents and their Immediate Family of the companies that are providing the prize(s) of each Competition as may be, but not necessarily, contained in the Contest Rules;
    5. any other person whom Komo deems ineligible. This may include, but is not limited to, person(s) who have previously won a prize(s) due to any Competition(s) run by Komo;
    6. persons under the age of 18 where a Competitions prize(s) consist of alcohol and/or the provision of a vehicle.
  6. Any person, who is found to have given incorrect information when entering a Competition, or any previous Competition, is immediately disqualified from entering any further Competitions. If a person is discovered to have given incorrect information in relation to a Competition that is still running (or a winner has yet to be decided or found), such person will be immediately disqualified and/or removed from that Competition.
  7. Any person who enters a Competition (an Entrant) and is awarded a prize(s), and who is subsequently deemed ineligible for that Competition due to being a person listed under clauses 5 and 6 above, may be required, at the discretion of Komo, to forfeit, return, refund, or otherwise make restitution of the prize(s).
  8. Some prizes may be claimed in person by the winning Entrant (or a nominated representative of the winning Entrant) who must provide some form of official photo identification (for example a drivers licence or passport).
  9. If the winner is under 18 years of age, a parent or guardian of the winner must also be present when claiming and provide photo identification as well as signing and endorsing this Competition Policy, the Contest Rules (if any) and/or any other relevant agreements.
  10. Any person claiming the prize(s) may be required to sign and endorse this Competition Policy, the Contest Rules (if any) and/or any other relevant agreements.
  11. The prize(s) must be claimed within three months from the date of winning, unless otherwise agreed or specified by Komo.
  12. All prize(s) not claimed for any reason within the time frame specified in the Contest Rules (including for the reasons set out in clauses 6, 7, 8 and/or 9 above) will be deemed to be forfeited or abandoned by the winner and will be dealt with according to legislative requirements.
  13. All prizes of every Competition:
    1. if in the form of something other than cash, are in no way redeemable or transferable for cash;
    2. must, where applicable, be used on the dates specified;
    3. are not the responsibility of Komo, including if they are defective or ineffectual in any way, the extent permitted by law. This extends to any loss, damage, expense or injury suffered (including that which is indirect or consequential) as a result of, or in connection with, the acceptance, use and/or enjoyment of the prize(s);
    4. are subject to any other condition or stipulation given by Komo, including, but not limited to, those provided in the Contest Rules; and
    5. may be substituted for a replacement prize(s) at the absolute discretion of Komo.
  14. The prize(s) include only the costs and expenses directly given as being part of the prize(s). Any relevant cost(s) associated with, consequential to, and/or resulting from the acceptance and claiming of the prize(s) are to be covered by the winner. This includes all relevant taxes and charges associated with the acceptance, use and/or ownership of the prize(s).
  15. All Entrants to the Competition(s) (including any subsequent winners):
    1. agree to (if required by Komo at any time) to engage in a photo, video, film and/or radio session, or any other form of publicity for Komo (unless the Entrant specifically requested to retain their anonymity at the time of entering any Competition;
    2. agree to the broadcasting or other publicising of an Entrant’s name, character, statements, voice recordings or any other information regarding the Entrant, in any advertising or promotional activities concerning a Competition or Competitions of Komo in general. This includes the use of a winner’s name to disclose that they have won a Competition; and
    3. agree to allow Komo to use in any reasonable manner as they see fit, any materials submitted in connection with any Competition, whether in written, electronic, visual, audio and/or any other form). Such materials (and all Copyright in them) become(s) the property of Komo and the Entrant waives all moral rights it may have in such materials.
  16. The entrant consents to the use by Gravy Gaming Pty Ltd and its related corporations (as defined by the Corporations Act 2001) of the entrants’ details and acknowledges that Gravy Gaming Pty Ltd and its related corporations, may, at its discretion disclose and use those details for the purpose of providing you with goods or services, communicating with you, planning, research, product and business development and sales, the promotion and marketing (whether target, direct or indirect) of their businesses, services or products or those of a third party which we believe may be of benefit to you. The details will also be used to investigate complaints, as required or permitted by any law, to enable Gravy Gaming Pty Ltd to perform its obligations to you under this or any other agreement and to ensure that you perform your obligations under this or any other agreement.
    1. If you do not want the details to be used for the purposes stated in clause 10, please write to us [email protected] and Komo will ensure that the details are not used for that purpose.
    2. For details of Komo’s Privacy Policy, please go to komo.digital/privacy
  17. If any technical or other problems or difficulties occur, such as:
    1. those difficulties arising from the use of the Internet in either the entering of, or participation in, any Competitions, including the non-submission of information;
    2. any other attempted correspondence in any form between an Entrant and Komo, such as via the methods noted in clauses 16.1, Short-Message-Service (SMS), or facsimile, does not reach its intended destination or is not received by its intended recipient (including situations where the information reaches Komo but is not received by the relevant department or employee);
    3. those relating to any procedures of an administrative nature which result in any aspect of a Competition being affected; and/or
    4. any problem that is directly or indirectly related to the running of a Competition, which may affect the outcome of a Competition and/or the determination of any winner, whether a result of technical or other problems or difficulties of Komo, its affiliates, the Entrant, or any third party, Komo will not be responsible and may also disqualify any Entrant to whom the above is relevant and may also award the prize to any other person. Such disqualification or allocations of prizes are at the absolute discretion of Komo
  18. Komo may amend or change this Competition Policy and any Contest Rules, at any time without notice.
  19. Gravy Gaming Pty Ltd (ABN 17 603 435 203) and its related entities are collecting your personal information for the purpose of conducting and promoting this Competition, including for the purpose of identifying and notifying winners and understanding our audiences. We will always provide you with the ability to opt out of those communications.
  20. If an Entrant does not want their details to be used for the purposes stated in clause 1 they must write to Komo by email to [email protected] and Gravy Gaming Pty Ltd will ensure that the details are not used for that purpose.
  21. To access personal information kept by Gravy Gaming Pty please refer to the Privacy Policy.
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