Terms and Conditions
- By providing your details and registering your child to use Coinland you agree to be bound by the following terms and conditions of use of Coinland.
- Coinland may only be accessed, used and downloaded to a single computer for your child's personal, non-commerical use on these terms and conditions.
- In these terms and conditions:
- words importing any gender include each other gender;
- the word "person" includes a firm, a body corporate, an unincorporated association or partnership;
- the singular includes the plural and vice versa;
- headings are inserted for the sake of convenience of reference only and do not affect the interpretation of these terms and conditions;
- where you are obliged to do an action or have agreed to a restriction, you must ensure that your child complies with the obligation and restriction and you will be liable if you child fails to comply with these terms and conditions.
- In these terms and conditions the following words have the meaning given to them below:
"Coinland" means the online computer game and software offered by us for use, access and downloading by you and your child in accordance with these terms and conditions.
"Coinland Requirements" means the information that you provided and other details that you completed to enable you and your child to access, use and download Coinland.
"Coinland Users" means:
- any person, other than you, who has agreed to be bound by these terms and conditions and who has authorised their child to use, access and downland Coinland; and
- any child or other minor, other than your child, for whom a parent, guardian or other responsible adult has agreed to be bound by these terms and conditions and who has registered the child to use, access and download Coinland.
"Corporations Act" means the Corporations Act 2001 (Cth).
"Entry" means any communication, comment, opinion, contribution, article, document or other information submitted to the Coinland website for inclusion and publication on the Coinland website. Intellectual Property Rights means all industrial and intellectual property rights throughout the world and includes rights in respect of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts and any application or right to apply for registration of any of the aforementioned rights.
"Law" means any:
- federal, state, territory or local government legislation in Australia, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation;
- common law;
- government agency requirement or authorisation; or
- code of conduct, writ, order, injunction or judgement.
"Purpose" means [Coinland provides children with a safe online environment where they can learn about the benefits of earning and saving money by undertaking a series of tasks, which have been designed to help them develop strong financial literacy skills.].
"Related Bodies Corporate" has the meaning given to the term in the Corporations Act 2001 (Cth)
"we", "our", "ours", "us" means the Commonwealth Bank of Australia ABN 48 123 123 124 and any of our Related Bodies Corporate;
"you", "your" and "yours" means you, the customer who completed the Coinland Requirements on behalf Your Child.
"Your Child" means your child or the minor that you have registered to use, access and download Coinland by completing the Coinland Requirements.
- You will be responsible for accessing, using and downloading Coinland and any maintenance issues that you may encounter in accessing, using and downloading Coinland.
- We will not be liable to you or your child if you are unable to successfully access, use or download Coinland.
You must ensure that you adequately supervise your child's access and use of Coinland and you agree that you will be responsible for:
- your child's access to and use of Coinland at all times; and
- any failure by you or your child to comply with these terms and conditions.
5 Restrictions on use
- You must:
- access, use or download Coinland only for its intended Purpose and in accordance with these terms and conditions; and
- ensure that your child accesses, uses or downloads Coinland for its intended Purpose only and in accordance with these terms and conditions.
- Except as permitted by these terms and conditions, you must not and must ensure your child does not:
- copy, adapt re-create, reverse engineer, develop, modify, enhance, reproduce, send, communicate, transmit, display Coinland;
- use Coinland other than in accordance with these terms and conditions;
- disclose, display, distribute, reproduce, communicate, copy Coinland or authorise any other person to disclose, display, distribute, reproduce, communicate or copy Coinland;
- make available Coinland to any person (other than Your child);
- interfere, damage or tamper with the Coinland website or that do any act that may interfere, damage or tamper with any connected network or the operation, transmission and communication of Coinland to other Coinland Users
- interfere with the right of other Coinland Users to use, access and download the Coinland site; or
- use Coinland to:
- engage, promote, authorise or conspire to engage in any unlawful conduct or any illegal activity;
- infringe the rights of a third party including, but not limited to Intellectual Property Rights, right of privacy or any confidential obligation;
- distribute unsolicited advertising material or chain letters or to sell or promote any products or services or to solicit funds or money;
- communicate, transmit or publish defamatory, libellous, abusive, harassing, threatening, hateful, discriminatory, offensive, violent, obscene, pornographic, sexually explicit or other inappropriate content including any content that may bully other Coinland Users; or
- propagate, communicate, send or otherwise introduce (or attempt to propagate, communicate, send or otherwise introduce) computer worms, trojans or computer or software viruses.
- You must not and must ensure your child does not submit an Entry that:
- breaches of any Law;
- contravenes, infringes or otherwise breaches the rights of any person or entity, including but not limited to Intellectual property Rights; or
- breaches the restrictions imposed on the use of and access to Coinland, outlined in clause 6.
- By submitting an Entry, you represent and warrant that you or your child's Entry complies with the terms of this clause 7 (Entries), these terms and conditions and any Law.
- You grant us and our Related Bodies Corporate and our and their respective directors, officers, employees, agents, representatives and contractors a perpetual, non-exclusive, royalty-free, world-wide licence to use, reproduce, communicate, copy, transmit, display, exhibit, distribute, modify and otherwise use any Entry submitted by your or your child.
- You acknowledge that:
- we are under no obligation to display, exhibit or communicate any Entry submitted by you or your child; and
- we may remove or modify any Entry submitted by you or your child or any Coinland User.
- You agree that any Entry is for public use and that any entry may not remain private.
- You agree that we are not responsible or liable for any Entry on the Coinland website and any use or reliance on the Coinland website by your or your child is at your own risk.
- You must indemnify us for any claim made or action commenced against us in regard to any Entry made by you or your child, including but not limited to, any claim that an Entry infringes the Intellectual Property Rights of a third party.
We will retain title and full ownership of the rights to Coinland and all associated Intellectual Property rights in Coinland and you and your child will not obtain any proprietary rights in the Coinland.
- To the extent permitted by law we and our Related Bodies Corporate will not be liable to you or your child for any personal injury, loss or damage, whatsoever which is suffered or sustained, including by not limited to, indirect, consequential, financial or other loss suffered by you or your child as a result of you or your child using, accessing and downloading Coinland.
- The limitation on liability under clause (a) extends to the directors, officers, employees, agents, representatives and contractors of ours and our Related Bodies Corporate.
- Without limiting the operation of paragraph (a), we will not be liable to you or your child:
- for any problems or technical malfunctions experienced by you or your child when using, accessing or downloading Coinland;
- if Coinland fails to perform or operate for the Purpose;
- if Coinland is unavailable or unable to be accessed at any time or we elect no longer to make Coinland available for use;
- if Coinland contains any defects or errors;
- if You or Your Child's use, access or downloading of Coinland introduces or propagates any computer worms, bugs trojans or other computer virus to your or your child's computer or corrupts any data or other information stored on your or your child's computer;
- for any damage caused to any of your equipment, hardware, or software that results from your or your child's use of and access to Coinland;
- if any of your hardware, software or equipment fails to operate and function properly as a result of your or your child's use of and access to Coinland;
- for any disruption caused to your or your Child's access to the internet or other computer problems encountered by you or your child as a result of your or your Child's use of and access to Coinland;
- for any costs incurred by your or your child in accessing, using or downloading Coinland;
- if we terminate you or your child's access to Coinland; or
- if we refuse to act on your or your child's instructions.
10 No warranty
- We do not warrant that Coinland will perform or operate for its intended Purpose or that the Coinland will be free from any errors or defects.
- To the extent permitted by Law, we disclaim and exclude all warranties and representations in relation to Coinland.
11.1 Termination for convenience
We may terminate your access to Coinland at any time without notice.
11.2 Continuing Rights
Termination of your access and use of Coinland will not affect our right to take action against you for breaches of these terms and conditions which have occurred before termination.
12 Intellectual Property
You acknowledge that:
- you do not obtain any ownership Intellectual Property Rights whatsoever used or embodied in or in connection with Coinland;
- we reserve the right to grant rights to access, use and download Coinland to other Coinland Users; and
- in the event that new inventions, designs, processes or Intellectual Property Rights are created or evolve as a result of you or your child accessing, using or downloading Coinland, we will own these rights.
- You and your child must not use, reproduce, transmit, distribute, communicate, do or authorise to be done or otherwise exploit any act that is contrary to our rights as the owner of the Intellectual Property Rights in Coinland.
- You will be liable if you or your child does any act that is contrary to our rights as the owner of the Intellectual Property Rights in Coinland and you must indemnify us for any loss or damage we suffer as a result of you or your child infringing our rights as the owner of the Intellectual Property Rights in Coinland.
If a third party claims that you or your child's use of and access to Coinland infringes their Intellectual Property Rights you agree that we shall have the right to defend and settle such claims at our discretion.
13.1 Governing law
These terms and conditions are governed and construed in accordance with the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction to the courts of New South Wales.
Other than as permitted under these terms and conditions you may not assign, novate or transfer your rights to use and access Coinland to any other person without first obtaining our consent.
No delay, neglect or forbearance by either party in enforcing its rights at law or any provision of these terms and conditions against the other party:
- shall be a waiver of a party's rights; or
- shall prejudice any right of either party, unless expressly stated in writing.
If any part of these terms and conditions are void, voidable or unenforceable then that part of the terms and conditions is severed and the remainder of the terms and conditions will continue to be enforceable.
We may at any time without notice vary these terms and conditions, with any amendments to these terms and conditions to be notified on the Coinland website.
14. Commonwealth Bank "Dollarmites RIO Promotion" - Conditions of Entry
Information on how to enter and prize details set out in all communications regarding Commonwealth Bank of Australia's Dollarmites RIO Promotion (the "Promotion") form part of these Conditions of Entry. Any entry not complying with these Conditions of Entry is invalid. Entry into this Promotion and the acceptance or receipt of a prize by a winner or the parent(s) or guardian(s) of a winner is deemed as acceptance of these Conditions of Entry. If applicable, the winner's prize will be awarded to that winner’s parent(s) or guardian(s) on the winner's behalf.
The Promoter is the Commonwealth Bank of Australia ABN 48 123 123 124 of Level 13, 201 Sussex Street, Sydney NSW 2001, telephone 13 22 21 (the "Promoter").
The Promotion commences at 9.00am (AEDST) on 1 October 2011 and closes at 11.59pm (AEST) on 30 November 2011 (the "Promotion Period").
Entry into the Promotion is open to individuals who satisfy the following eligibility requirements ("Eligibility Requirements"):
- Applicants must be aged 11 years or under and must be a resident of Australia (or the applicant must be a parent or guardian of an individual aged 11 years or under who is a resident of Australia, who can assist them with their entry);
- Applicants must have a current Commonwealth Bank Youthsaver account in their name during the Promotion Period (this includes entrants who open a Commonwealth Bank Youthsaver account in their name during the Promotion Period);
- Applicants must not be members of the immediate family of employees of the Promoter or the Promoter's related entities directly involved in the Promotion (as determined by the Promoter); and
- Applicants must not have already entered the Promotion.
For the purposes of this Promotion, references to the "entrant" or "winner/s" are deemed to be the individuals aged 11 years or under and, if required, their parent or guardian who helps them submit their entry.
To enter, entrants must satisfy the Eligibility Requirements and during the Promotion Period:
- obtain consent of their parent or guardian (if their parent or guardian is not assisting them with their entry);
- visit www.commbank.com.au/coinland;
- register for Coinland (if they are not already registered) by clicking on the 'register' link, creating a username and password, entering their email address and then submitting the fully completed registration form;
- enter their "special online code" (found on their Account Statement) at log in;
- play and complete the online 'RIO' game; and
- deposit at least $10 into their Youthsaver account.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Only one (1) entry permitted per entrant.
The computerised draw will be conducted by a representative of the Promoter at 3.00PM (AEST) on 6 December 2011 at Commonwealth Bank of Australia Level 13, 201 Sussex Street, Sydney NSW 2000. Winners will be notified in writing within two (2) days of the draw.
There will be twenty one (21) prizes. One (1) "Major Prize" and Twenty (20) "Runner Up Prize Packs".
The "Major Prize" is a Panasonic 3D Home Theatre Package valued at AUD$3165 which is comprised of:
- 1 x Panasonic VIErA 50" Full HD 3D Neo Plasma (Model TH-P50GT30A) RRP AU$2499.
- 1 x Panasonic 3D Blu-ray Disc Player (Model DMP-BDT110GN) RRP AU$249.
- 1 x Panasonic HDMI 1.5 Metre High Speed Cable (Model RP-CHES15BLK) RRP AU$79.
- 2 x Medium 3D rechargeable eyewear RRP AU$149 each.
- 1 x copy of RIO on 3D Blu-ray RRP AU$40.
The next twenty valid entries drawn will each win a Runner Up Prize Packs valued at approximately AU$90 each. Each prize pack includes:
- 1 x The RIO Party edition with Blu-ray, DVD and Digital copy valued at AU$30.
- 1 x A RIO baseball cap valued at AU$15.
- 1 x A RIO Frisbee valued at AU$15.
- 1 x A Blu Plush valued at AU$30.
The total prize pool value is AU$4965 based on the recommended retail value provided by the supplier and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
By acceptance or receipt of the Major Prize by the winner or the winner's parent(s) or guardian(s), that winner or their parent(s) or guardian(s) agrees to the name of the Major Prize winner being published in the public notices section of The Australian newspaper on 13 December 2011.
Prizes are not transferable or exchangeable and cannot be taken as cash. The winners accept a prize 'as is' and acknowledge that the Promoter accepts no responsibility for any tax implications that may arise from their prize. Winners should seek advice from the Australian Tax Office or their own taxation adviser or independent financial adviser.
The Promoter's decision is final and no correspondence will be entered into. The Promoter will arrange for delivery of the prizes within Australia, after the selection of the winning entries, by mutual agreement with the winner(s), or the winner(s) parent(s) or guardian(s).
The Promoter will use its best endeavours to provide the prizes listed. If the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute for that prize or item for a prize or item of an equivalent value subject to any written directions given under applicable trade promotion laws and regulations.
In the event that for any reason whatsoever a winner does not take an element of the prize at the time agreed by the Promoter then that element of the prize will be forfeited by that winner and cash will not be awarded in lieu of that element of the prize.
The Promoter reserves the right to request that the winner demonstrates their eligibility for the prize as a condition of receipt of a prize. Identification considered suitable for verification is at the discretion of the Promoter.
If any winner fails to claim their prize by 6 March 2012 the Promoter may select further winning entries on 12 March 2012, at the same time and place as the original draw, subject to any written directions given under applicable trade promotion laws and regulations. Winners, if any, will be notified in writing within two (2) business days of the draw. By acceptance or receipt of the Major Prize by the winner or the winner's parent(s) or guardian(s), that winner or their parent(s) or guardian(s) agrees to the name of the Major Prize winner being published in the public notices section of The Australian newspaper on 19 March 2012.
If for any reason this Promotion is not capable of running as planned (including, but not limited to) infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may take any action that may be available including cancelling, terminating, modifying or suspending the Promotion. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process.
Any cost associated with accessing the promotional website is dependent on the Internet Service Provider used and is the responsibility of the entrant. Children under the age of 18 years must ask the permission of their parent(s) or guardian(s) before entering the Promotion.
The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid. The Promoter reserves the right to verify the validity of entries and to disqualify any entry that is not in accordance with these Conditions of Entry.
The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website, or any combination thereof (including, but not limited to) any injury or damage to participants or any other person's computer related to or related to or resulting from participation in or downloading any materials in this Promotion.
To the extent permitted by law, the Promoter and its related entities and its and their respective directors, officers, employees and agents, will not be liable for any personal injury, loss or damage, whatsoever which is suffered or sustained (including, but not limited to indirect or consequential, financial or other loss) to or by a winner.
These Conditions of Entry shall be governed by the laws of Australia and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of Australia.
Authorised under NSW Permit No LTPS/11/7318 ACT Permit No TP11/3264.