Exclusions and Liability

Exclusions and Liability

Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia.

Except for any liability that cannot by law be excluded, Battlepass (including its officers, employees, and agents) is not responsible for and excludes all liability for any personal injury; or any loss or damage in the provision of any goods or services, or conduct of any promotion, whether direct, indirect, special or consequential, arising in any way out of:

  • any technical difficulties or equipment malfunction (whether or not under Battlepass’s control);
  • any theft, unauthorised access or third-party interference or intervention;
  • any addition, variation, substitution or removal of any goods or services provided by Battlepass;
  • any limitation or restriction of access to any goods or services provided by Battlepass;
  • any entry or Promotion claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Battlepass) due to any reason beyond the reasonable control of Battlepass;
  • any failure, delay or defect with or related to any network, service of transmission (including by not limited to post, telephone or internet);
  • any variation in prize or prize value to that stated in the Promotion;
  • any prizes damaged or lost in transit;
  • any tax liability incurred by a winner or entrant;
  • use of any prize; or
  • any other circumstances outside the reasonable control of Battlepass.

Where any event or occurrence outside of the control of Battlepass prevents or hinders the ability to proceed with the Promotion or any part of it, Battlepass may vary, cancel or re-schedule the Promotion or any part of it. Any such action must be conducted in accordance with the applicable law and regulatory requirements for which the Promotion is conducted.

Headings

The headings in these Conditions are for convenience only and do not affect interpretation.