CounterPick's Terms and Conditions
1. General Rules
1.1. 'Counterpick.com.au is the trading name of CounterPick Pty Ltd (‘CounterPick’), ACN 639 560 142, a company incorporated in Australia under the Corporations Act 2001 (Cth) All references to 'we', 'us' and 'our' in these General Rules ('Rules') are a reference to CounterPick.
1.2. To open an account with CounterPick ('Account') you must be aged 18 years or older. A 'Member' is a person who holds an Account, and any reference to 'you' or 'your' in these Rules is a reference to a Member.
2. Member obligations
2.1. Members are responsible for ensuring that their Account details such as their email address and payment/bank details are kept up to date and to notify us immediately of any incorrect Account details. If a Member has not kept their Account details up to date, we reserve the right to suspend the Account.
2.2. Members must be over 18 years of age. If CounterPick discovers that an Account has been opened by someone who is under the age of 18, CounterPick may in its discretion close the Account.
2.3. We do not permit Accounts to be opened by, or used from, customers who reside outside of Australia. You agree that you will not open an Account, nor attempt to use your Account, if you are residing outside of Australia.
2.4. We periodically monitor transactions on Accounts. You accept that if we detect activity which indicates to us that you are or may be residing outside of Australia and are or may be playing on your Account, we may, in our discretion, either suspend or permanently close your Account. You accept that the data available to monitor activity on an Account is not always accurate and CounterPick will use its discretion permitting the entrance of games by your Account while conducting any investigation.
2.5. If CounterPick discovers that an Account has been opened by someone who resides outside of Australia, CounterPick may in its discretion close the Account and request proof of payment method, personal identification and bank account information prior to permitting a withdrawal of the original funds. Winnings may be forfeited if the Account holder opens the Account contrary to these Rules.
3. Account security
3.1. A Member is responsible for ensuring that their user name and security details (including any personal identification number ('PIN'), password or Account number) ('Secure Member Details') are kept confidential. If a Member suspects that their Secure Member Details may no longer be confidential or that there may have been unauthorised use of their Account, they must notify CounterPick immediately, and CounterPick may provide the Member with new Secure Member Details. Where CounterPick provides the Member with new Secure Member Details, CounterPick reserves the right to invalidate any future transactions which attempt to utilise the previous Secure Member Details of that Member.
3.2. Where a Member wishes for another individual to have access to their Account or any Secure Member Details (including any family member, business or corporate entity or any other person whatsoever), this must first be approved by CounterPick and details for that person provided. CounterPick may refuse such request for access at its discretion. A Member remains solely responsible for their Account including but not limited to transactions and Account changes made by any authorized individual. CounterPick reserves the right to request full certified identification documentation from any proposed nominee.
3.3. Members are responsible for all transactions on their Account in which their Secure Member Details are used.
3.4. Members should check the balance of their Account each time they log on to their Account or at the time they enter a game. In the event of a query, it is the Member's responsibility to notify CounterPick immediately.
3.5. If minors have access to a laptop or computer that a Member uses to log into their Account, CounterPick strongly recommends that a child protection software package is installed onto that equipment.
4. Deposits and withdrawals
4.1. Deposits into an Account can be made by means of credit or debit card.
4.2. CounterPick reserves the right to remove or add payment options from time to time. Current available payment methods can be viewed within the 'Account' section of our Website when you are logged in to your Account.
4.3. If CounterPick determines that the funds deposited are not from a funding instrument in the Member’s name or are not expressly authorised to be used by them, CounterPick reserves the right to decline the deposit and return the funds to the original payment method. If this determination takes place after games have been completed, CounterPick reserves the right to void any games on the Member’s Account.
4.4. If CounterPick determines that there is not enough information to prove the owner of a particular payment option, we reserve the right to request certified documentation as proof of ownership prior to making any decision.
4.5. CounterPick reserves the right to check directly with the Member’s funding institution that supplied the payment option used to deposit to confirm that the details provided by the Member to CounterPick are valid and correct.
5. Charge backs
5.1. Members agree and warrant that no charge-backs or other cancellation of deposits will be made relating to your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us for any costs, claims, damages and expenses relating to or arising in connection with this, including any expense incurred by us in recovering such amounts.
6.1. CounterPick reserves the right to withhold deposited funds and/or winnings from finished games should we determine that a Credit card has been misused or used fraudulently. Any matters of inappropriate or fraudulent use of any Credit card will be reported to the relevant authority. The Member's Account may also be permanently closed.
6.2. CounterPick may employ third party technologies to track and store technical information on the device that Members choose to use. Members accept that this data may be used to reach decisions on investigations where Accounts have not been operated in good faith, including but not limited to Account takeover, multiple Account operations, payment method abuse etc.
6.3. CounterPick reserves the right to close the Accounts of, and void any or all games played by any person, group of people or corporation in an attempt to defraud CounterPick.
6.4. CounterPick may periodically review Accounts to monitor any activity that it might consider unusual. In this instance, CounterPick reserves the right to suspend an Account pending a full investigation, without notice.
7. CounterPick's rights and other matters
7.1. CounterPick reserves the right to cancel, change or restrict the products at any time with or without notice to Members.
7.2. CounterPick attempts to ensure that its business operates in a fair, efficient and accurate manner. To the extent permitted by law, CounterPick excludes all warranties (express or implied) relating to or arising out of the services we offer and excludes any liability for direct, indirect or consequential loss, damage, expense or injury suffered by any Member arising out of:
a) the Rules;
b) use by a Member of their Account; or
c) any action taken by CounterPick in relation to a Member's Account.
7.3. Nothing in these Rules affects our liability:
a) to pay any Member amounts properly owed by us to such Member pursuant to these Rules;
b) for death or personal injury arising from our negligence;
c) for our fraudulent misrepresentation; or
d) for any matter in respect of which our liability cannot be excluded or limited under applicable law
7.4. Subject to Rules 7.2 and 7.3, and to the extent permitted by law, CounterPick's liability in respect of any claim or loss shall be limited in amount to the game entrance fee paid by a Member.
7.5. A Member may only have one Account.
7.6. CounterPick products are intended for bona fide Members, that is, those Members who act in good faith, sincerely, without fraud, and who enter games with CounterPick for the purpose of recreation and entertainment.
7.7. CounterPick reserves the right, in its sole discretion, to determine that a Member is not eligible for certain products or promotions.
7.8. CounterPick reserves the right to close or suspend the Accounts of, and void any or all games made by any person where, in CounterPick's reasonable opinion, the Account has not been operated with integrity or in good faith. CounterPick can, in its sole discretion, withhold any or all related funds in the Account pending the outcome of an investigation on that Account
7.9. Where a Member has been referred to CounterPick by a third party including by a third party operated website and where that third party is an affiliate or agent of CounterPick, you acknowledge that CounterPick may make commission payments to that third party. Payments to agents or affiliates are unrelated to the prize money offered to Members by CounterPick.
7.10. Any reference to a discretion which may be exercised by CounterPick under these Rules means CounterPick's sole and absolute discretion.
8. Entering games
8.1. CounterPick reserves the right at any time to refuse any entrance to a game without providing a reason or advance notification. The circumstances in which we may refuse a Member’s entrance into a game include but are not limited to:
a) a Member is or may be less than 18 years of age;
b) a Member is entering a game on behalf of a person who is less than 18 years of age;
c) a Member is or may be in breach of these Rules; or
d) a Member is or may be in breach of any applicable law.
8.2. CounterPick reserves the right to close and/or impose limits on a Member's Account) and refund the balance of their Account, without providing reasons.
8.3. Members are unable to exit a game which has started unless the Member can demonstrate to CounterPick's satisfaction that there was a website error; in which case CounterPick may, at its discretion, void the game or provide another such remedy as it sees fit.
9. Dispute Resolution
9.1. These Rules shall be governed by and construed in accordance with the laws of Queensland each Member irrevocably submits to the exclusive jurisdiction of the Queensland in respect of any dispute arising out of, relating to or in connection with these Rules or the provision by CounterPick of goods or services to Members ('Dispute').
9.2. No rule of contract interpretation may be applied in the interpretation of these Rules to the disadvantage of a party on the basis that it prepared or put forward these Rules or any document forming part of these Rules.