TERMS AND CONDITIONS
Welcome to www.daloopa.com (PLAY FREE - GET PLAWA) and www.daplawa.com (THE MORE YOU PLAY, THE LESS YOU PAY)Use of our sites is subject to the following terms and conditions.
1.Your use constitutes acceptance of these terms and conditions as at the date of your first use of these sites.
2.DaLoopa reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of these sites after changes are posted constitutes your acceptance of this agreement as modified.
3.Employees and associated persons of DaLoopa International Limited, Power Beat International Limited or any advertisers promoted in DaLoopa games are not eligible to win prizes.
4.TAKE NOTICE: The DaLoopa system and technology forms part of a research and development program to test and evaluate the interconnection between online (Internet) games, cellphone and other hand-held devices, which include advertising concepts. As such, these sites are subject to review and evaluation without notice. Any persons registering at www.daloopa.com and www.daplawa.com acknowledge by their ongoing use of these sites that changes required by laws and regulations in respect to gaming, gambling or lotteries may prevent the use of certain technologies or systems for the promotion of goods and services. Therefore, the owners, creators and developers of these sites reserve the right to cancel or change any of these terms and conditions, methods of play, redemption of prizes or rewards, or ordering systems at any time without any notice.
Membership
5.Becoming a member is free. Any individual over the age of fourteen (14) may apply for a single membership. An individual must not join or use DaLoopa sites on behalf of any other individual. This means that each person may only have one account.- Do not allow anyone else to log in to your account. Do not log in to anyone else’s account.
6.Inviting sub-members: Any individual may invite another individual to join DaLoopa as a sub-member by completing the “nominate friends” section of the website. Completion of a sub-member application by your friends may result in a percentage of rewards won by your nominated friends being applied to your DaLoopa account. All sub-members will be considered as full members in all other regards and these terms and conditions shall apply.
7.By registering as a member:
- You agree not to damage, interfere with or harm the websites or cellphone interactive games or any services, networks or systems underlying or connected to them or attempt to do so.
- You may not use a robot, spider, scraper or any other automated means to access the websites or cellphone interactive games or information featured for any purpose.
- You are responsible for any actions taken through your membership. DaLoopa memberships are not transferrable, saleable, leaseable or tradeable in any way.
- You agree to your username and the amount of any rewards obtained being publicly shown on these websites or other means of communication.
8.Customer inquiries: All customer inquiries shall be via these websites. We will attempt to respond to all inquiries within 24 hours, however during busy periods response times may be longer.
Member Details
9.You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by DaLoopa to ensure it is current at all times. DaLoopa may contact you via phone, email, txt or mail to verify your details and advise you of rewards.10.Members must inform DaLoopa of any change in the member’s personal details, including email address and cellphone number. This is done through the “update my details” link on the website. Failure to update details may result in rewards being lost.
11.You are solely responsible for maintaining security over your log-in information, including your password and any other secure log-in details. You agree not to permit any other person to use your user name or membership.
Termination
12. DaLoopa reserves the right to terminate the membership of any individual who violates the conditions of membership outlined herein, and as summarized as follows:- Any individual may only apply for a single membership.
- Each member will identify one single cellphone number for game download.
- Each member will identify with one single email address.
- Any individual must not join or use DaLoopa on behalf of another individual.
- Any other reason deemed appropriate in the reasonable opinion of DaLoopa.
- Any membership account created with a username that in the opinion of DaLoopa is indecent, profane or offensive.
Promotions
13.Prizes and Rewards: DaLoopa reserves the right in its absolute discretion to withdraw or withhold any prize or reward that it suspects has been obtained by illegitimate or unlawful means. The decision of Daloopa is final and no correspondence will be entered into. DaLoopa rewards are rewards obtained by winning DaLoopa games. Daloopa rewards:- are non-transferrable between members or accounts.
- are not redeemable for legal tender.
- are only redeemable within the time period expressly identified on the reward.
14.Children under the age of 16 cannot win cash awards if DaLoopa games are played during school hours.
15.Delivery of Prizes and Rewards: Advertisers who promote their goods and services through these websites are responsible for ensuring the successful redemption of any products and services won through DaLoopa games. DaLoopa provides the online and cellphone interactive facility which includes the advertisers specified redemption details. DaLoopa is not responsible for any transmission or handling error of any telecommunications, postal or courier service involved in the redemption or delivery of a product or service to a member.
16.Cash awards: Cash awards may be made directly to a member’s cellphone account or nominated bank account.
17.Sub-member Transfers: A percentage of any reward won by a nominated sub-member may be awarded to the referring member. DaLoopa reserves the right to debit any reward percentages from a referring members account where a sub-member’s account is terminated within one (1) month. Where a false referral is discovered, DaLoopa reserves the right to terminate both the referring members’ account and the sub-member(s) account(s) and/or debit any outstanding rewards from any delinquent accounts.
18.Emails, newsletters, txts: DaLoopa reserves the right to send you emails, newsletters, and/or txts relating to your membership, transactions and other activities on the website, and for promoting and marketing other DaLoopa promotions, services and products to you. Compliant with the Unsolicited Electronic Messages Act 2007 electronic communications will contain clear “un-subscribe” instructions.
19.Transactions in error: Whilst DaLoopa endeavours to keep its website error free, any error relating to a promotion, reward or other website activity (whether due to human or computer error) may be altered or reversed by DaLoopa without any notice or compensation.
20.Proprietary and Intellectual Property Rights: DaLoopa International Limited has obtained global commercialization rights for DaLoopa technology from Power Beat International Limited including text, graphics, logos, icons, video and sound recordings and the software and other material underlying and forming part of the DaLoopa services and websites.
21.You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the DaLoopa website; or
- Commercialize, copy, or on-sell any information, or items obtained from any part of the DaLoopa website; or
- Use the “DaLoopa” name or the catchphrase “…THE MORE YOU PLAY, THE LESS YOU PAY…” or …..‘PLAY MORE, PAY LESS….. DaLoopa and DaPlawa are registered trademarks.
Collection and Use of Information
22.What type of information do our sites collect? Our goal is to provide you with a safe and enjoyable on-line experience. When we collect information about you it is in an effort to make our products and services more efficient and customized to you. You are free to browse the site without revealing any personal information about yourself. However, once you give us your personal information, you are not anonymous to us.23.Automatic Information. We automatically track certain information based upon your behavior on our site. We use this information to analyze our users' behavior, interests, and demographics to better understand and serve our shoppers. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address.
24.What about Cookies? "Cookies" are small pieces of information that a web site will store on your computer’s hard drive. DaLoopa will use cookies to identify you during your session, make our services easier to use and to store items in your shopping cart between visits. Cookies are never used to store sensitive customer information such as names, addresses, credit card numbers or passwords. Acceptance of cookies is not a requirement to browse our site, however our shopping cart does require the acceptance of cookies to work properly. Most browsers automatically accept cookies, but you can configure your browser to prevent that.
25.Personally Identifiable Information. This is information that you provide to us that is specific to you. We collect information such as your name, phone number, billing information, shipping information and other personal information as indicated on the forms throughout our site. You provide such information when you make a purchase, enter a contest, fill out a survey or form, provide ratings or testimonials feedback, redeem coupons, etc. Where possible, we indicate which fields are required and which fields are optional. You can always choose not to provide information, but you may not be able to use a particular service or feature.
26.Our use of your information. We use the information we collect from you to improve our products and services and make your on-line experience more efficient and relevant. We review the actions of our visitors on an aggregate basis to determine customers' preferences. We also conduct analysis and research on our visitors' demographics, interests, and pages viewed based on the information provided to us during ordering, from our server log files, contests or surveys.
27.Contests or Promotions. When you enter a contest or other promotion, we may ask you for contact information such as your name, address and e-mail address in order to administer the contest, to send you promotional e-mails, notify winners and make the winners' list publicly available pursuant to certain states' laws. Your consent to such promotional use and disclosure of this information is a condition of your participation. As a condition of receiving any prize, you may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release, for us to ensure that you are eligible to receive the prize according to the Contest Rules. In cases where the sweepstakes or promotional offer is co-branded with or sponsored by another party, we may share your information with that party.
28.E-mails. Upon registering, we will periodically send you newsletters and e-mails featuring exclusive promotions and other members-only benefits. If you make a purchase on our site we will send you an order and shipping confirmation emails. If you are a subscribed member, we will also send you emails to collect ratings and testimonials feedback related to your purchase. If you'd rather not receive emails, please visit the My DaLoopa Account page to change your preferences.
29.Does DaLoopa share the information it receives? The following describes some of the ways that your personally identifiable information may be disclosed:
30.Fulfillment. During the purchase process, we will share your information with certain intermediaries (e.g. UPS, APX, USPS, FedEx, Paymentech, Product Manufacturers) strictly to process and ship your order.
31.Promotional Offers. At times we may present or send offers to select subscribers on behalf of other parties. When we do this, we do not give that company your personally identifiable information without your consent. If you do not want to receive such communications, please edit your account preferences.
32.Agents. We may employ other third parties to perform services or functions on our behalf in order to improve our site, merchandising, marketing and promotional efforts, communications or other services. Those third parties include authorized contractors, consultants and other companies working with us (collectively, "agents"). They only have access to personal information needed to perform their functions, and may not share any personal information with others or use it for any other purpose than improving our services and offerings. If you have made a purchase on our website, we may make your name and postal address available to pre-screened companies who have specific direct mail (e.g. catalog) product or service offers that we think may be of interest to you. We only share with these pre-screened companies the individual names and postal address of customers who have actually purchased products from us. If you do not want us to share your name and postal address information, simply email us. We may also receive information about you from other sources (such as demographic information and purchase history) and add it to our information in order to make our marketing efforts more efficient.
33.Advertisers. We may work with third party advertising companies to serve and track our ads. These third parties may serve other cookies. Our advertising partners use anonymous, non-personally identifying information they collect from our site, in aggregate, to help us better market and serve our customers. In the event that our advertisers collect any personal information on our behalf, it will not be used by them or disclosed to any third parties.
34.Third Party Sites. You may visit other web sites, through links on our site, who may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those websites linking from or to our site are not covered by this Policy, and we encourage you to be very cautious before you disclose your personal information to others. If you register for DaLoopa on another web site or use a web site providing a service for ours, that web site may provide personal information about you and your transactions back to ours. It is possible that DaLoopa could merge with or be acquired by another business entity. Should such an event occur, you should expect that DaLoopa would share some or all of your information in order to continue to provide such products and services. Notice of such an event will be posted and we will require that the new combined entity follow the practices disclosed in this Privacy Policy.
35.Legal Requests. DaLoopa will cooperate with law enforcement inquiries. DaLoopa reserves the right to disclose any activities or information about you to law enforcement or other government officials as we, in our sole discretion, determine necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
36.Accessing and Updating Your Information. You always have the opportunity to review and change the information you provide to us by logging into the site and entering in the new information yourself. You can edit your name, contact information and preferences by logging into the My Account section of the site. As a customer, subscriber, or contest entrant, you will occasionally receive e-mail communications about new DaLoopa products, special offers we think you'll like and requests for feedback. If you want to stop receiving our emails or to specify the communications you prefer to receive, you may unsubscribe or edit your profile at any time. You can do this through any of our emails, by visiting your account preferences page or sending us an email. You may ask to have your account information removed from our active databases; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Such information will be deactivated as soon as reasonably possible based on your account activity. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
Warranties and Liabilities
37.These sites and the information, names, images, pictures, logos regarding or relating to DaLoopa and DaPlawa are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will DaLoopa International Limited be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such loss or loss of use of the site, whether in contract or negligence.38.Responsibility for content of advertisers appearing on these websites (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the DaLoopa website does not constitute DaLoopa’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
39.We do not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of these websites or any linked website, nor do we accept any responsibility for any such loss arising out of your use or reliance on information contained on or accessed through these websites.
40.You agree to release, indemnify and keep indemnified DaLoopa International Limited from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction and your use of any section of these websites, including but not limited to any discussion forums or blogs.
41.DaLoopa has no liability for any lack of performance, unavailability or failure of the services, games or websites, or for any failure of DaLoopa to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of DaLoopa.
42.System Integrity: DaLoopa will use its reasonable endeavors to ensure the availability of the websites and cellphone interactive games, subject to any downtime required for maintenance. However DaLoopa takes no responsibility for any system unavailability or system error whatsoever that results in loss to a member. Further, DaLoopa takes no responsibility for the corruption of any data or information held by DaLoopa.
General Provisions
43.If you breach these terms and conditions, or if DaLoopa deems it appropriate, without limiting any other rights and remedies available to DaLoopa, DaLoopa may limit your activities on the DaLoopa website, remove access to games, rewards or prizes, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide any interaction with you.44.Disputes: DaLoopa will not enter into any correspondence with any members or user in relation to any dispute whatsoever. Any determination made by DaLoopa shall be full and final.
45.Entire Agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever either oral or written, and constitutes the entire agreement between the parties relating to these terms and conditions.
46.If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
47.If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or unlawful for any reason, and in any respect, that provision shall be removed from the remaining terms and conditions, which shall continue in full force and effect.