Terms and Conditions
Effective Date: June 10, 2008
1 USE OF THE WEBSITE
1.1 You are permitted by the owners of the Habbo, Sulake Australia Pty Ltd ("Habbo Australia" or "we") and its parent company and affiliated companies (collectively, "Habbo Affiliates") to access and use the Habbo website located at www.habbo.com.au and any extension or replacement (the "Website") subject always to your compliance with these Terms and Conditions, the Code of Conduct (Habboway)
1.2 The Terms and Conditions are in addition to any Habbo Australia or third party terms and conditions applicable to products and services which you may access or purchase through the Website ("Specific Terms"). The Specific Terms may be posted from time to time in connection with such products and services. In case of any discrepancy between these Terms and Conditions and the Specific Terms, the Specific Terms will prevail to the extent of the inconsistency.
1.3 To use many features of the Website, you are required to register as an authorised user on the Website. You must provide us with accurate and complete registration information about yourself and you must ensure that your registration information is true and accurate at all times. It is your responsibility to inform us of any changes to your registration information by emailing us
1.4 You are responsible for the security and proper use of all of your visitor names and passwords used in connection with the Website and you must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people. You are responsible for all activities that occur under your password and account. You must inform us immediately if there is any reason to believe that your password has, or is likely to, become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
1.5 If you forget or lose a password or your visitor name you must contact us and satisfy such security checks as we may operate. We reserve the right to suspend visitor name and password access to the Website if at any time we consider that there is, or is likely to be, a breach of security. We reserve the right, at our discretion, to require you to change any or all of the passwords used by you in connection with the Website.
1.6 You agree not to use another authorised visitor's visitor name and password to access the Website, either with or without their permission.
1.7 We have the sole right to approve and reject any visitor name or password that you may choose. We retain all right, title and interest in and to your visitor name and password.
1.8 Use of the Website does not include the provision of computer, telecommunications equipment, Internet service, or any other equipment or services. To use the Website you will need to provide your own Internet connectivity and appropriate telecommunication links. We are not liable for any telephone or other costs that you may incur to connect to or use the Website.
1.9 All material on the Website (excluding the Visitor Materials), including without limitation, all text, data, sound, visual images, graphics, photos, site design, software and all other content displayed on or contained in the Website (the "Content"), and the selection, organization, functionality, performance and arrangement of the Content or any part, are owned exclusively by Habbo Australia and Habbo Affiliates or its licensors and is copyright ©2004 Sulake Australia Pty Ltd, unless otherwise indicated. ALL RIGHTS RESERVED. The trade-marks, trade names, logos, designs and other marks of Habbo Australia and Habbo Affiliates, including without limitation, Habbo and Habbo Hotel, are trade-marks of Habbo Australia or Habbo Affiliates and may not be used without the prior written approval of Habbo Australia. ALL RIGHTS RESERVED. All other trade-marks, trade names, logos, designs and other marks are the property of their respective owners. You agree to comply with any additional notices or restrictions contained in any Content on the Website.
1.10 We grant you a limited, revocable licence (without the right to sub-licence any of the following rights) to reproduce and display the Content through the Website. You must not register as an authorised visitor unless you are a natural person. The Website is for your personal and non-commercial use only, and you agree to use the Website in compliance with all applicable laws and regulations which may apply to your use of the Website as well as any rules, guidelines or code of conduct required by Habbo Australia to be complied with when using the Website. Any use of the Website or Content in whole or in part for any other purpose is strictly prohibited and may: (i) result in us exercising our right to terminate your account under these Terms and Conditions; and/or (ii) subject you to civil and/or criminal liability.
1.11 You may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, create hyperlinks to, deep link, frame, transfer, sell or in any way otherwise use or exploit the Website or any Content, information or services available on the Website. All of Habbo Australia's and Habbo Affiliates' intellectual property rights and those of persons providing content to the Website are fully reserved. If you require further information on a permitted use or licence to reproduce or hyperlink to the Website or any Content, please email us
1.12 You may not attempt to obtain unauthorised access to Habbo Australia's or any Habbo Affiliate's computer systems or database records.
1.13 You agree to use Habbo only on this Website and not through any mirrored websites or other means. You further agree not to create or provide any other means through which others may use Habbo, for example, through server emulators. You may not reverse engineer, decompile or disassemble the software comprising the Website or its Contents or any Software provided on the Website, including any proprietary communications protocol used by the Website or Software.
2 USE OF THE WEBSITE
2.1 The Website contains instant chat rooms to enable you to talk to other visitors, and message boards and home pages to which you may submit messages and material for publication. You agree to use these features of the Website only to post, send and receive messages and material that are polite, comply with the requirements of these Terms and Conditions and Habboway You are solely responsible for information, feedback, survey results, photographs, messages or other materials that you post or otherwise provide on the Website ("Visitor Materials") and the consequences of posting your Visitor Materials on the Website. In particular, but without limitation, you agree that when using these features of the Website, you will not:
2.1.1 Use these features of the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, or distribute unsolicited email to others for commercial use or otherwise;
2.1.2 Defame, abuse, harass, stalk, threaten or otherwise violate the security, safety and/or legal rights (such as rights of privacy and publicity) of others;
2.1.3 Publish, post, upload, distribute or disseminate any material or information which: (i) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information (including but not limited to pornography, depiction of acts of violence and sexual acts, and material and information which may perpetuate hatred against any person or group or having the likely effect of causing harm or offence); (ii) is a false statement about a person or their property or business which is actuated by malice and may cause financial harm to that person; (iii) is misleading or deceptive; (iv) is a breach of confidence or an invasion of a person's right to privacy; (v) may cause us to breach, or be involved in a breach of law, a code or an instrument which governs our conduct; (l) otherwise infringes any person's rights;
2.1.4 Upload files that contain software or other material that infringes any person's intellectual property rights, including copyright or trade mark rights (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
2.1.5 Upload files that contain, or otherwise intentionally release or disseminate, viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the Website, its Contents or the operation of another's computer or property of another;
2.1.6 Advertise or offer to sell or buy any goods or services for any business purpose;
2.1.7 Download any file posted by another visitor of a home page, chat room or message board that you know, or reasonably should know, cannot be legally distributed;
2.1.8 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
2.1.9 Restrict or inhibit any other user from using and enjoying the home pages, chat room and message boards;
2.1.10 Violate any code of conduct or other guidelines which may be displayed on the Website for any particular feature or service;
2.1.11 Harvest or otherwise collect personal information about other individuals, including email addresses or screen names for the purpose of sending unsolicited emails or for exchange, or post personal information about another individual;
2.1.12 Violate, or encouraging others to violate, any laws or regulations or the legal rights of another individual;
2.1.13 Create a false identity, or impersonate any person or entity, for the purpose of misleading others;
2.1.14 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
2.1.15 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of visitors of the Website or other visitor or usage information or any portion thereof;
2.1.16 Refuse to follow the instructions of any personnel of Habbo Australia or a Habbo Affiliate.
2.2 Habbo Australia and the Habbo Affiliates have no obligation to monitor visitor postings to the Website. However, we reserve the right to review materials posted to the home pages, chat rooms and message boards or any other interactive message service, and to remove any materials at our sole discretion without notice. Habbo reserves the right to temporarily or permanently terminate your access to the home pages, chat rooms and message boards, and/or the Website at any time, without notice to you, if you use the home pages, chat rooms or message boards in a way that breaches sections 2.1.1 to 2.1.16 or the Habboway
2.3 Habbo Australia reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at its sole discretion.
2.4 Habbo Australia does not control or endorse the content, messages or information found in any home page, chat room or on the message boards and, therefore, specifically disclaims any liability with regard to the home pages, chat rooms and message boards and any actions resulting from the participation by you or any other visitor in the home pages, chat rooms and message boards or other interactive message service.
2.5 Materials uploaded to or downloaded from the home pages, chat rooms and message boards may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you upload or download any materials.
2.6 You grant Habbo Australia and Habbo Affiliates a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, transferable licence (with the right to sub-licence any or all of the following rights) for Habbo Australia, Habbo Affiliates and Habbo Australia's subcontractors to edit, modify, remove, translate and transmit your Visitor Materials, and to use, reproduce, broadcast, publish or otherwise display same worldwide in any form or format of media or technology, whether now known or developed in the future. You also grant other authorised visitors a non-exclusive licence to access your Visitor Materials through the Website, and to reproduce and display your Visitor Materials through the Website.
3 SOFTWARE LICENCE
3.1 Habbo Australia may make available certain software (the "Software") which you may download from the Website in order to enhance your use of the Website. Any Software and other material downloaded or otherwise obtained through the use of Habbo is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Software and material. The Software contains proprietary and confidential information and is protected by applicable intellectual property, copyright, and other laws and may only be used subject to the terms of the end-user licence agreement which accompanies or is included with the Software ("Licence Agreement") and which also identifies the proprietor of the Software (the "Proprietor").
3.2 You must not alter, copy, modify, reproduce, publish, disclose, transfer or create derivative works of the Software and you must not (without limitation) transfer the Software to any other server or location for reproduction, redistribution, selling, leasing or renting unless expressly permitted under the terms of the applicable Licence Agreement.
3.3 Habbo Australia makes no representations, warranties or conditions in relation to the Software.
You may rely only on such warranties provided by the Proprietor in the Licence Agreement.
4 SERVICES SUBJECT TO A CHARGE
4.1 Habbo Australia offers enhanced services (the "Enhanced Services") on the Website that are subject to additional charges. These Enhanced Services include, but are not limited to, to download icons and ringing tones to mobile telephones, participation in certain games and activities, subscription to certain newsletters and services, the adoption of "virtual pets" and the provision of "virtual furniture" or other virtual items to furnish your guest room.
4.2 All virtual items purchased from the Habbo Catalogue are held on Habbo Australia's servers and you may access them when you visit the Website subject always to your compliance with these Terms and Conditions. They cannot be downloaded to your computer.
4.3 Habbo Australia may from time to time withdraw additional Enhanced Services or make certain Enhanced Services available. These Enhanced Services will always be subject to charge.
4.4 The method of payment for the Enhanced Services shall be at the sole discretion of Habbo Australia from time to time. Habbo Australia may offer you Habbo Credits that may be used to purchase Enhanced Services. The Credits will be deducted from your account as purchases are made.
4.5 In the event you purchase physical products from Habbo Australia, you have the right to return these for a full refund (except delivery and service charges) provided that the goods are returned at your own expense within seven days of your receipt of the goods and in a reasonable and saleable condition. Except to the extent required by applicable legislation, you shall have no further right to reject the products other than pursuant to these Terms and Conditions or any additional terms published with the offer of products or included with the delivered products.
4.6 In the event you purchase services from Habbo Australia via the Website, including without limitation any Enhanced Services, then from the moment these services are made available, except to the extent required by applicable legislation, you shall have no right to reject or cancel the services other than pursuant to these Terms and Conditions or any additional terms published with the offer of services.
4.7 If you are a Virgin Mobile customer you may only purchase Habbo Credits via SMS, a maximum of 3 times per hour.
4.8 If you are under 18 years of age, you must obtain the bill payer's permission before you agree to incur any additional charges.
5 WARRANTY DISCLAIMERS
5.1 No Reliance on Content - All of the Content provided on the Website (including the Visitor Materials) is provided to you for your personal information purposes only, neither Habbo Australia nor any Habbo Affiliates are responsible for any information posted on the Website, home pages, chat rooms or message boards. The Content (excluding the Visitor Materials) is believed to be accurate when placed on the Website by Habbo Australia, but we cannot guarantee it is accurate, complete or current at all times. We are not responsible for any detrimental reliance you may place on the Website.
5.2 No Website Warranties - The Website and its Content are provided on an "as is, as available" basis and, to the extent permitted by law, without representations, warranties or conditions of any kind, express or implied. Habbo Australia does not warrant that the Website or Content will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the server on which it is hosted are free of viruses and other harmful or destructive components. You agree that Habbo Australia and its Habbo Affiliates will not be liable for loss or damage to your computer, data or computer and telecommunications systems as a result of your use of the Website.
5.3 Security - Except as expressly stated in our Privacy Policy, Habbo Australia does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Website.
5.4 General - SUBJECT TO SECTION 5.5, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABBO AUSTRALIA EXPRESSLY EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE ABOUT THE CONTENT PROVIDED ON THE WEBSITE (INCLUDING THE VISITOR MATERIALS) AND THE CONTENT ON THIRD PARTY WEBSITES LINKED TO THE WEBSITE. You expressly agree that the entire risk with respect to your use of the Website and its Content, products, services (including without limitation, Extended Services, home pages, chat rooms and message boards), Software and other materials and activities available on the Website, is assumed solely by you.
5.5 The Website comes with certain non-excludable warranties under consumer protection legislation that it will be provided with due care and skill and be reasonably fit for its purpose. You are entitled, at your option, to the re-supply of the Website for a breach of the non-excludable warranties (or payment of the cost of re-supply) where it is fair and reasonable to do so.
6 EXCLUSIONS AND LIMITATIONS OF LIABILITY
6.1 To the extent permitted by law, we are not responsible for, and expressly exclude liability for, any loss or damage that you may suffer as a result of any: (a) Content on the Website (including the Visitor Materials) or third party websites linked to the Website, including any errors, omissions or inaccuracies in such Content; (b) third party goods or services which you purchase from the Website; (c) any Content posted on the Website (including the Visitor Materials) under your username and password; (d) deletion of or failure to store or transmit any Content on the Website (including your Visitor Materials); (e) personal injury or property damage arising by reason of your use of the Website; (f) unauthorised access to your personal information stored in our databases; (g) faults or viruses which a third party may transmit to your personal computer as a result of your use of the Website or (h) any interruptions with the Website.
6.2 TO THE EXTENT PERMITTED BY LAW, HABBO AUSTRALIA AND HABBO AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS , ASSIGNS AND CO-BRANDERS (COLLECTIVELY, THE "HABBO PARTIES") EXPRESSLY EXCLUDE ALL LIABILITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) HOWSOEVER ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR ANY OF ITS CONTENT AND SERVICES, OR FROM ANY ACTION OR OMISSION TAKEN AS A RESULT OF USING THE WEBSITE OR ANY SUCH CONTENT OR PRODUCT OR SERVICE AVAILABLE THROUGH THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE.
6.3 IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF SECTION 6.1 TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT HABBO AUSTRALIA AND HABBO AFFILIATES COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, IF ANY, FOR ACCESSING AND USING THE WEBSITE.
6.4 You agree that all of the exclusions and limitations in this Section 6 are comprehensive and apply to all damages, losses, claims, costs, expenses and causes of action of any kind, whether arising in contract, tort (including negligence), strict liability or otherwise, and even if any of the Habbo Parties have been advised of or could reasonably foresee the possibility of same occurring.
7 INDEMNITY
You agree to release, indemnify and hold Habbo Australia and Habbo Affiliates, and each of their respective officers, directors, employees, agents, licensors, assigns and co-branders (collectively, "Indemnified Parties") harmless from and against any damages, losses, costs and expenses, including on a full indemnity basis all legal, defense and settlement costs and expenses and any fines or penalties imposed by any regulatory, advertising or trading body or authority, related to or arising out of: (a) any breach by you of these Terms and Conditions, (b) any use or alleged use of the Website under your password or other unique identifier, whether or not authorized by you, (c) your use of the Website, and (d) your violation of any law or the rights of any Indemnified Party or any third party. The Indemnified Parties reserve the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with the subject matter of this indemnity and you agree to cooperate with the Indemnified Parties' and its designee's defense thereof.
8 WARRANTY
You represent and warrant that: (a) you have the necessary right, power and authority to enter into these Terms and Conditions and perform your obligations under it; (b) you own your Visitor Materials or you have the necessary right from the lawful owner of your Visitor Materials to post them on the Website; (c) your Visitor Materials comply with section 2; (d) you will pay any fees, royalties and other monies owing to third parties (including collection societies) for your Visitor Materials; and (e) you have the necessary right, power and authority (and where necessary consent) to make any purchases from the Website.
9 THIRD PARTIES
9.1 The Website may also include access to products and services of independent third parties either directly or via links to sites operated by third parties whom Habbo Australia does not endorse and over whom Habbo Australia has no control. Where reasonably possible, Sulake shall indicate the products and services provided by third parties as such. Even though they may be co-branded with Sulake and so include Sulake?s trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. SULAKE SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE OR LIABLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES OR FOR THE AVAILABILITY OF SITES OPERATED BY THIRD PARTIES.
9.2 The links to other websites may send "cookies" or solicit personal information from you, and as we have no control over these websites you agree that we have no responsibility for their actions.
9.3 Where part of the Website contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with all legal requirements. You agree that we have no liability in respect of any such advertisements.
10 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Habbo Australia may establish general practices and limits concerning use of the Website, including without limitation, hours of operation, the maximum number of days that messages or other uploaded content will be retained on the Website, the maximum number of messages that may be sent from or received by an account on the Website, the maximum size of any message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on Habbo Australia's servers on your behalf, and the maximum number of times, and the maximum duration for which, you may access the Website in a given period of time.
11 PRIVACY
Any personal information that you provide about yourself to Habbo Australia will only be used in accordance with our Privacy Policy. Please review our Privacy Policy, as it is incorporated into and forms a binding part of these Terms and Conditions. BY SUBMITTING PERSONAL INFORMATION TO HABBO
AUSTRALIA OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with our Privacy Policy, please do not submit any personal information to us. Please be aware that the Privacy Policy does not apply to websites operated by third parties.
12 TERMINATION AND SUSPENSION
12.1 You may terminate these Terms and Conditions at any time for any reason (including where we breach these Terms and Conditions) without penalty by emailing us If you have paid to access any services on the Website (including any Enhanced Services) that are subject to a minimum term under the specific terms of service for those services, you will have access to Website until the end of such term, subject to our right to terminate this Agreement under clause 12.2. However, we will not refund you the fees (or any part of them) that we have already charged you and this Agreement will otherwise continue in full force and effect and apply to those services until the end of the term.
12.2 We may terminate these Terms and Conditions or suspend your account at any time with or without notice to you if: (a) you breach these Terms and Conditions or Habboway, (b) you have not accessed your account for 6 months; or (c) if the Website is going to be shut down or merged with other service. You are not entitled to a refund of fees in these circumstances.
13 CONSEQUENCES OF TERMINATION
13.1 If you or we terminate these Terms and Conditions under section 12.1 or 12.2 respectively, we may delete your account (including your registration information) and your Visitor Materials. For that reason, we recommend that you keep a copy of your Visitor Materials (in particular your photographs).
14 MODIFICATION OR TERMINATION OF WEBSITE
14.1 We may modify, suspend or discontinue the Website (or any part thereof) at any time for any reason in our sole discretion.
14.2 If we reasonably think that a change to the Website under section 14.1 will benefit you or have neutral impact on you, we may make the change without telling you.
14.3 If we reasonably think that a change to the Website under section 14.1 will have a material detrimental impact on you, we will give you adequate notice by email and you may exercise your right under section 12.1 to terminate these Terms and Conditions.
An example of a change to the Website that may have a material detrimental impact on you would be if we withdrew a key advertised feature of the Website without offering a reasonably comparable alternative feature.
15 CHANGES TO THESE TERMS AND CONDITIONS
15.1 We may change these Terms and Conditions including by increasing the price of the Enhanced Services, at any time in our sole discretion. Your use of the Website following such change will constitute your agreement to be bound by the modified Terms and Conditions.
15.2 If we reasonably think that a change to these Terms and Conditions under section 15.1 will benefit you or have neutral impact on you, we may make the change without telling you.
15.3 If we reasonably think that a change to these Terms and Conditions under section 15.1 will have a material detrimental impact on you, for example, where we increase the price of the Enhanced Services, we will give you adequate notice by email and you can exercise your right under section 12.1 to terminate these Terms and Conditions.
15.4 We recommend that you regularly review the most up to date version of these Terms and Conditions.
16 COMPETITIONS, CONTESTS AND PRIZE DRAWS
From time to time we may run competitions, contests, games, prize draws and promotions on the Website. These will be subject to additional terms, conditions and rules that will be made available at the time of such competitions. By entering into or participating in such competitions, you agree to comply with and be bound by such additional terms, conditions and rules.
17 INTERNET SAFETY
If you are under 18 years of age and intend to use the Website, you should read and follow the rules for Internet safety (especially the rules for "chat rooms") available at www.netalert.gov.au
18 COPYRIGHT POLICY
If you believe that your copyright has been infringed by Content on the Website, please email us
19 GENERAL
19.1 These Terms and Conditions shall be governed by the laws of New South Wales in Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute in connection with or arising out of the Website and these Terms and Conditions.
19.2 Habbo Australia's failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
19.3 You may assign your rights under these Terms and Conditions if we consent.
19.4 You agree that at any time, we may assign the rights under, and novate the benefits and obligations of, these Terms and Conditions to a third party and that third party may assume our liabilities and obligations under these Terms and Conditions. We will notify you if this occurs.
19.5 The subtitles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
19.6 These Terms and Conditions comprise the entire agreement between you and Habbo Australia, and supersede all prior agreements, representations and statements between us regarding the subject matter of these Terms and Conditions.
19.7 Unless otherwise indicated, all amounts are stated and payable in Australian dollars.
BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.
1 USE OF THE WEBSITE
1.1 You are permitted by the owners of the Habbo, Sulake Australia Pty Ltd ("Habbo Australia" or "we") and its parent company and affiliated companies (collectively, "Habbo Affiliates") to access and use the Habbo website located at www.habbo.com.au and any extension or replacement (the "Website") subject always to your compliance with these Terms and Conditions, the Code of Conduct (Habboway)
1.2 The Terms and Conditions are in addition to any Habbo Australia or third party terms and conditions applicable to products and services which you may access or purchase through the Website ("Specific Terms"). The Specific Terms may be posted from time to time in connection with such products and services. In case of any discrepancy between these Terms and Conditions and the Specific Terms, the Specific Terms will prevail to the extent of the inconsistency.
1.3 To use many features of the Website, you are required to register as an authorised user on the Website. You must provide us with accurate and complete registration information about yourself and you must ensure that your registration information is true and accurate at all times. It is your responsibility to inform us of any changes to your registration information by emailing us
1.4 You are responsible for the security and proper use of all of your visitor names and passwords used in connection with the Website and you must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people. You are responsible for all activities that occur under your password and account. You must inform us immediately if there is any reason to believe that your password has, or is likely to, become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
1.5 If you forget or lose a password or your visitor name you must contact us and satisfy such security checks as we may operate. We reserve the right to suspend visitor name and password access to the Website if at any time we consider that there is, or is likely to be, a breach of security. We reserve the right, at our discretion, to require you to change any or all of the passwords used by you in connection with the Website.
1.6 You agree not to use another authorised visitor's visitor name and password to access the Website, either with or without their permission.
1.7 We have the sole right to approve and reject any visitor name or password that you may choose. We retain all right, title and interest in and to your visitor name and password.
1.8 Use of the Website does not include the provision of computer, telecommunications equipment, Internet service, or any other equipment or services. To use the Website you will need to provide your own Internet connectivity and appropriate telecommunication links. We are not liable for any telephone or other costs that you may incur to connect to or use the Website.
1.9 All material on the Website (excluding the Visitor Materials), including without limitation, all text, data, sound, visual images, graphics, photos, site design, software and all other content displayed on or contained in the Website (the "Content"), and the selection, organization, functionality, performance and arrangement of the Content or any part, are owned exclusively by Habbo Australia and Habbo Affiliates or its licensors and is copyright ©2004 Sulake Australia Pty Ltd, unless otherwise indicated. ALL RIGHTS RESERVED. The trade-marks, trade names, logos, designs and other marks of Habbo Australia and Habbo Affiliates, including without limitation, Habbo and Habbo Hotel, are trade-marks of Habbo Australia or Habbo Affiliates and may not be used without the prior written approval of Habbo Australia. ALL RIGHTS RESERVED. All other trade-marks, trade names, logos, designs and other marks are the property of their respective owners. You agree to comply with any additional notices or restrictions contained in any Content on the Website.
1.10 We grant you a limited, revocable licence (without the right to sub-licence any of the following rights) to reproduce and display the Content through the Website. You must not register as an authorised visitor unless you are a natural person. The Website is for your personal and non-commercial use only, and you agree to use the Website in compliance with all applicable laws and regulations which may apply to your use of the Website as well as any rules, guidelines or code of conduct required by Habbo Australia to be complied with when using the Website. Any use of the Website or Content in whole or in part for any other purpose is strictly prohibited and may: (i) result in us exercising our right to terminate your account under these Terms and Conditions; and/or (ii) subject you to civil and/or criminal liability.
1.11 You may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, create hyperlinks to, deep link, frame, transfer, sell or in any way otherwise use or exploit the Website or any Content, information or services available on the Website. All of Habbo Australia's and Habbo Affiliates' intellectual property rights and those of persons providing content to the Website are fully reserved. If you require further information on a permitted use or licence to reproduce or hyperlink to the Website or any Content, please email us
1.12 You may not attempt to obtain unauthorised access to Habbo Australia's or any Habbo Affiliate's computer systems or database records.
1.13 You agree to use Habbo only on this Website and not through any mirrored websites or other means. You further agree not to create or provide any other means through which others may use Habbo, for example, through server emulators. You may not reverse engineer, decompile or disassemble the software comprising the Website or its Contents or any Software provided on the Website, including any proprietary communications protocol used by the Website or Software.
2 USE OF THE WEBSITE
2.1 The Website contains instant chat rooms to enable you to talk to other visitors, and message boards and home pages to which you may submit messages and material for publication. You agree to use these features of the Website only to post, send and receive messages and material that are polite, comply with the requirements of these Terms and Conditions and Habboway You are solely responsible for information, feedback, survey results, photographs, messages or other materials that you post or otherwise provide on the Website ("Visitor Materials") and the consequences of posting your Visitor Materials on the Website. In particular, but without limitation, you agree that when using these features of the Website, you will not:
2.1.1 Use these features of the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, or distribute unsolicited email to others for commercial use or otherwise;
2.1.2 Defame, abuse, harass, stalk, threaten or otherwise violate the security, safety and/or legal rights (such as rights of privacy and publicity) of others;
2.1.3 Publish, post, upload, distribute or disseminate any material or information which: (i) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information (including but not limited to pornography, depiction of acts of violence and sexual acts, and material and information which may perpetuate hatred against any person or group or having the likely effect of causing harm or offence); (ii) is a false statement about a person or their property or business which is actuated by malice and may cause financial harm to that person; (iii) is misleading or deceptive; (iv) is a breach of confidence or an invasion of a person's right to privacy; (v) may cause us to breach, or be involved in a breach of law, a code or an instrument which governs our conduct; (l) otherwise infringes any person's rights;
2.1.4 Upload files that contain software or other material that infringes any person's intellectual property rights, including copyright or trade mark rights (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
2.1.5 Upload files that contain, or otherwise intentionally release or disseminate, viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the Website, its Contents or the operation of another's computer or property of another;
2.1.6 Advertise or offer to sell or buy any goods or services for any business purpose;
2.1.7 Download any file posted by another visitor of a home page, chat room or message board that you know, or reasonably should know, cannot be legally distributed;
2.1.8 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
2.1.9 Restrict or inhibit any other user from using and enjoying the home pages, chat room and message boards;
2.1.10 Violate any code of conduct or other guidelines which may be displayed on the Website for any particular feature or service;
2.1.11 Harvest or otherwise collect personal information about other individuals, including email addresses or screen names for the purpose of sending unsolicited emails or for exchange, or post personal information about another individual;
2.1.12 Violate, or encouraging others to violate, any laws or regulations or the legal rights of another individual;
2.1.13 Create a false identity, or impersonate any person or entity, for the purpose of misleading others;
2.1.14 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
2.1.15 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of visitors of the Website or other visitor or usage information or any portion thereof;
2.1.16 Refuse to follow the instructions of any personnel of Habbo Australia or a Habbo Affiliate.
2.2 Habbo Australia and the Habbo Affiliates have no obligation to monitor visitor postings to the Website. However, we reserve the right to review materials posted to the home pages, chat rooms and message boards or any other interactive message service, and to remove any materials at our sole discretion without notice. Habbo reserves the right to temporarily or permanently terminate your access to the home pages, chat rooms and message boards, and/or the Website at any time, without notice to you, if you use the home pages, chat rooms or message boards in a way that breaches sections 2.1.1 to 2.1.16 or the Habboway
2.3 Habbo Australia reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at its sole discretion.
2.4 Habbo Australia does not control or endorse the content, messages or information found in any home page, chat room or on the message boards and, therefore, specifically disclaims any liability with regard to the home pages, chat rooms and message boards and any actions resulting from the participation by you or any other visitor in the home pages, chat rooms and message boards or other interactive message service.
2.5 Materials uploaded to or downloaded from the home pages, chat rooms and message boards may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you upload or download any materials.
2.6 You grant Habbo Australia and Habbo Affiliates a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, transferable licence (with the right to sub-licence any or all of the following rights) for Habbo Australia, Habbo Affiliates and Habbo Australia's subcontractors to edit, modify, remove, translate and transmit your Visitor Materials, and to use, reproduce, broadcast, publish or otherwise display same worldwide in any form or format of media or technology, whether now known or developed in the future. You also grant other authorised visitors a non-exclusive licence to access your Visitor Materials through the Website, and to reproduce and display your Visitor Materials through the Website.
3 SOFTWARE LICENCE
3.1 Habbo Australia may make available certain software (the "Software") which you may download from the Website in order to enhance your use of the Website. Any Software and other material downloaded or otherwise obtained through the use of Habbo is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Software and material. The Software contains proprietary and confidential information and is protected by applicable intellectual property, copyright, and other laws and may only be used subject to the terms of the end-user licence agreement which accompanies or is included with the Software ("Licence Agreement") and which also identifies the proprietor of the Software (the "Proprietor").
3.2 You must not alter, copy, modify, reproduce, publish, disclose, transfer or create derivative works of the Software and you must not (without limitation) transfer the Software to any other server or location for reproduction, redistribution, selling, leasing or renting unless expressly permitted under the terms of the applicable Licence Agreement.
3.3 Habbo Australia makes no representations, warranties or conditions in relation to the Software.
You may rely only on such warranties provided by the Proprietor in the Licence Agreement.
4 SERVICES SUBJECT TO A CHARGE
4.1 Habbo Australia offers enhanced services (the "Enhanced Services") on the Website that are subject to additional charges. These Enhanced Services include, but are not limited to, to download icons and ringing tones to mobile telephones, participation in certain games and activities, subscription to certain newsletters and services, the adoption of "virtual pets" and the provision of "virtual furniture" or other virtual items to furnish your guest room.
4.2 All virtual items purchased from the Habbo Catalogue are held on Habbo Australia's servers and you may access them when you visit the Website subject always to your compliance with these Terms and Conditions. They cannot be downloaded to your computer.
4.3 Habbo Australia may from time to time withdraw additional Enhanced Services or make certain Enhanced Services available. These Enhanced Services will always be subject to charge.
4.4 The method of payment for the Enhanced Services shall be at the sole discretion of Habbo Australia from time to time. Habbo Australia may offer you Habbo Credits that may be used to purchase Enhanced Services. The Credits will be deducted from your account as purchases are made.
4.5 In the event you purchase physical products from Habbo Australia, you have the right to return these for a full refund (except delivery and service charges) provided that the goods are returned at your own expense within seven days of your receipt of the goods and in a reasonable and saleable condition. Except to the extent required by applicable legislation, you shall have no further right to reject the products other than pursuant to these Terms and Conditions or any additional terms published with the offer of products or included with the delivered products.
4.6 In the event you purchase services from Habbo Australia via the Website, including without limitation any Enhanced Services, then from the moment these services are made available, except to the extent required by applicable legislation, you shall have no right to reject or cancel the services other than pursuant to these Terms and Conditions or any additional terms published with the offer of services.
4.7 If you are a Virgin Mobile customer you may only purchase Habbo Credits via SMS, a maximum of 3 times per hour.
4.8 If you are under 18 years of age, you must obtain the bill payer's permission before you agree to incur any additional charges.
5 WARRANTY DISCLAIMERS
5.1 No Reliance on Content - All of the Content provided on the Website (including the Visitor Materials) is provided to you for your personal information purposes only, neither Habbo Australia nor any Habbo Affiliates are responsible for any information posted on the Website, home pages, chat rooms or message boards. The Content (excluding the Visitor Materials) is believed to be accurate when placed on the Website by Habbo Australia, but we cannot guarantee it is accurate, complete or current at all times. We are not responsible for any detrimental reliance you may place on the Website.
5.2 No Website Warranties - The Website and its Content are provided on an "as is, as available" basis and, to the extent permitted by law, without representations, warranties or conditions of any kind, express or implied. Habbo Australia does not warrant that the Website or Content will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the server on which it is hosted are free of viruses and other harmful or destructive components. You agree that Habbo Australia and its Habbo Affiliates will not be liable for loss or damage to your computer, data or computer and telecommunications systems as a result of your use of the Website.
5.3 Security - Except as expressly stated in our Privacy Policy, Habbo Australia does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Website.
5.4 General - SUBJECT TO SECTION 5.5, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABBO AUSTRALIA EXPRESSLY EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE ABOUT THE CONTENT PROVIDED ON THE WEBSITE (INCLUDING THE VISITOR MATERIALS) AND THE CONTENT ON THIRD PARTY WEBSITES LINKED TO THE WEBSITE. You expressly agree that the entire risk with respect to your use of the Website and its Content, products, services (including without limitation, Extended Services, home pages, chat rooms and message boards), Software and other materials and activities available on the Website, is assumed solely by you.
5.5 The Website comes with certain non-excludable warranties under consumer protection legislation that it will be provided with due care and skill and be reasonably fit for its purpose. You are entitled, at your option, to the re-supply of the Website for a breach of the non-excludable warranties (or payment of the cost of re-supply) where it is fair and reasonable to do so.
6 EXCLUSIONS AND LIMITATIONS OF LIABILITY
6.1 To the extent permitted by law, we are not responsible for, and expressly exclude liability for, any loss or damage that you may suffer as a result of any: (a) Content on the Website (including the Visitor Materials) or third party websites linked to the Website, including any errors, omissions or inaccuracies in such Content; (b) third party goods or services which you purchase from the Website; (c) any Content posted on the Website (including the Visitor Materials) under your username and password; (d) deletion of or failure to store or transmit any Content on the Website (including your Visitor Materials); (e) personal injury or property damage arising by reason of your use of the Website; (f) unauthorised access to your personal information stored in our databases; (g) faults or viruses which a third party may transmit to your personal computer as a result of your use of the Website or (h) any interruptions with the Website.
6.2 TO THE EXTENT PERMITTED BY LAW, HABBO AUSTRALIA AND HABBO AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS , ASSIGNS AND CO-BRANDERS (COLLECTIVELY, THE "HABBO PARTIES") EXPRESSLY EXCLUDE ALL LIABILITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) HOWSOEVER ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR ANY OF ITS CONTENT AND SERVICES, OR FROM ANY ACTION OR OMISSION TAKEN AS A RESULT OF USING THE WEBSITE OR ANY SUCH CONTENT OR PRODUCT OR SERVICE AVAILABLE THROUGH THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE.
6.3 IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF SECTION 6.1 TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT HABBO AUSTRALIA AND HABBO AFFILIATES COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, IF ANY, FOR ACCESSING AND USING THE WEBSITE.
6.4 You agree that all of the exclusions and limitations in this Section 6 are comprehensive and apply to all damages, losses, claims, costs, expenses and causes of action of any kind, whether arising in contract, tort (including negligence), strict liability or otherwise, and even if any of the Habbo Parties have been advised of or could reasonably foresee the possibility of same occurring.
7 INDEMNITY
You agree to release, indemnify and hold Habbo Australia and Habbo Affiliates, and each of their respective officers, directors, employees, agents, licensors, assigns and co-branders (collectively, "Indemnified Parties") harmless from and against any damages, losses, costs and expenses, including on a full indemnity basis all legal, defense and settlement costs and expenses and any fines or penalties imposed by any regulatory, advertising or trading body or authority, related to or arising out of: (a) any breach by you of these Terms and Conditions, (b) any use or alleged use of the Website under your password or other unique identifier, whether or not authorized by you, (c) your use of the Website, and (d) your violation of any law or the rights of any Indemnified Party or any third party. The Indemnified Parties reserve the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with the subject matter of this indemnity and you agree to cooperate with the Indemnified Parties' and its designee's defense thereof.
8 WARRANTY
You represent and warrant that: (a) you have the necessary right, power and authority to enter into these Terms and Conditions and perform your obligations under it; (b) you own your Visitor Materials or you have the necessary right from the lawful owner of your Visitor Materials to post them on the Website; (c) your Visitor Materials comply with section 2; (d) you will pay any fees, royalties and other monies owing to third parties (including collection societies) for your Visitor Materials; and (e) you have the necessary right, power and authority (and where necessary consent) to make any purchases from the Website.
9 THIRD PARTIES
9.1 The Website may also include access to products and services of independent third parties either directly or via links to sites operated by third parties whom Habbo Australia does not endorse and over whom Habbo Australia has no control. Where reasonably possible, Sulake shall indicate the products and services provided by third parties as such. Even though they may be co-branded with Sulake and so include Sulake?s trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. SULAKE SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE OR LIABLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES OR FOR THE AVAILABILITY OF SITES OPERATED BY THIRD PARTIES.
9.2 The links to other websites may send "cookies" or solicit personal information from you, and as we have no control over these websites you agree that we have no responsibility for their actions.
9.3 Where part of the Website contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with all legal requirements. You agree that we have no liability in respect of any such advertisements.
10 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Habbo Australia may establish general practices and limits concerning use of the Website, including without limitation, hours of operation, the maximum number of days that messages or other uploaded content will be retained on the Website, the maximum number of messages that may be sent from or received by an account on the Website, the maximum size of any message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on Habbo Australia's servers on your behalf, and the maximum number of times, and the maximum duration for which, you may access the Website in a given period of time.
11 PRIVACY
Any personal information that you provide about yourself to Habbo Australia will only be used in accordance with our Privacy Policy. Please review our Privacy Policy, as it is incorporated into and forms a binding part of these Terms and Conditions. BY SUBMITTING PERSONAL INFORMATION TO HABBO
AUSTRALIA OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with our Privacy Policy, please do not submit any personal information to us. Please be aware that the Privacy Policy does not apply to websites operated by third parties.
12 TERMINATION AND SUSPENSION
12.1 You may terminate these Terms and Conditions at any time for any reason (including where we breach these Terms and Conditions) without penalty by emailing us If you have paid to access any services on the Website (including any Enhanced Services) that are subject to a minimum term under the specific terms of service for those services, you will have access to Website until the end of such term, subject to our right to terminate this Agreement under clause 12.2. However, we will not refund you the fees (or any part of them) that we have already charged you and this Agreement will otherwise continue in full force and effect and apply to those services until the end of the term.
12.2 We may terminate these Terms and Conditions or suspend your account at any time with or without notice to you if: (a) you breach these Terms and Conditions or Habboway, (b) you have not accessed your account for 6 months; or (c) if the Website is going to be shut down or merged with other service. You are not entitled to a refund of fees in these circumstances.
13 CONSEQUENCES OF TERMINATION
13.1 If you or we terminate these Terms and Conditions under section 12.1 or 12.2 respectively, we may delete your account (including your registration information) and your Visitor Materials. For that reason, we recommend that you keep a copy of your Visitor Materials (in particular your photographs).
14 MODIFICATION OR TERMINATION OF WEBSITE
14.1 We may modify, suspend or discontinue the Website (or any part thereof) at any time for any reason in our sole discretion.
14.2 If we reasonably think that a change to the Website under section 14.1 will benefit you or have neutral impact on you, we may make the change without telling you.
14.3 If we reasonably think that a change to the Website under section 14.1 will have a material detrimental impact on you, we will give you adequate notice by email and you may exercise your right under section 12.1 to terminate these Terms and Conditions.
An example of a change to the Website that may have a material detrimental impact on you would be if we withdrew a key advertised feature of the Website without offering a reasonably comparable alternative feature.
15 CHANGES TO THESE TERMS AND CONDITIONS
15.1 We may change these Terms and Conditions including by increasing the price of the Enhanced Services, at any time in our sole discretion. Your use of the Website following such change will constitute your agreement to be bound by the modified Terms and Conditions.
15.2 If we reasonably think that a change to these Terms and Conditions under section 15.1 will benefit you or have neutral impact on you, we may make the change without telling you.
15.3 If we reasonably think that a change to these Terms and Conditions under section 15.1 will have a material detrimental impact on you, for example, where we increase the price of the Enhanced Services, we will give you adequate notice by email and you can exercise your right under section 12.1 to terminate these Terms and Conditions.
15.4 We recommend that you regularly review the most up to date version of these Terms and Conditions.
16 COMPETITIONS, CONTESTS AND PRIZE DRAWS
From time to time we may run competitions, contests, games, prize draws and promotions on the Website. These will be subject to additional terms, conditions and rules that will be made available at the time of such competitions. By entering into or participating in such competitions, you agree to comply with and be bound by such additional terms, conditions and rules.
17 INTERNET SAFETY
If you are under 18 years of age and intend to use the Website, you should read and follow the rules for Internet safety (especially the rules for "chat rooms") available at www.netalert.gov.au
18 COPYRIGHT POLICY
If you believe that your copyright has been infringed by Content on the Website, please email us
19 GENERAL
19.1 These Terms and Conditions shall be governed by the laws of New South Wales in Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute in connection with or arising out of the Website and these Terms and Conditions.
19.2 Habbo Australia's failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
19.3 You may assign your rights under these Terms and Conditions if we consent.
19.4 You agree that at any time, we may assign the rights under, and novate the benefits and obligations of, these Terms and Conditions to a third party and that third party may assume our liabilities and obligations under these Terms and Conditions. We will notify you if this occurs.
19.5 The subtitles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
19.6 These Terms and Conditions comprise the entire agreement between you and Habbo Australia, and supersede all prior agreements, representations and statements between us regarding the subject matter of these Terms and Conditions.
19.7 Unless otherwise indicated, all amounts are stated and payable in Australian dollars.
BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.
