1. Acceptance of Terms
By accessing or using the PlaytimeNZ website, games, and related services
(collectively, the "Platform"), you agree to be bound by these Site Terms
("Terms"). If you do not agree to all of these Terms, you must not access
or use the Platform in any manner.
These Terms constitute a legally binding agreement between you ("User" or
"you") and PlaytimeNZ ("we," "us," or "our"). Your use of the Platform is
expressly conditioned on your acceptance of these Terms without modification.
We reserve the right to update or modify these Terms at any time, and such
changes will take effect immediately upon posting. Your continued use of the
Platform following any changes constitutes your acceptance of the revised
Terms.
Please note that these Terms contain important information regarding your
legal rights, including limitations of liability and disclaimers of warranty.
By using the Platform, you acknowledge that you have read, understood, and
agreed to be bound by these Terms in their entirety.
2. Description of Service
PlaytimeNZ is an 18+ social entertainment platform that provides users with
access to original browser-based games, including but not limited to Cluster
Rush and Hidden Picks. The Platform is designed exclusively for entertainment
purposes and offers a curated digital experience centred around fictional
virtual credits, skill-based gameplay, and community engagement.
The games available on PlaytimeNZ are original creations developed in-house.
Each game features unique mechanics, visual themes inspired by New Zealand's
natural and cultural heritage, and a scoring system driven entirely by
fictional credits. All gameplay is free to access and does not require any
form of payment, subscription, or financial commitment.
The Platform is provided on an "as-is" and "as-available" basis. We make no
representations or warranties that the Platform will meet your specific
requirements, be uninterrupted, timely, secure, or error-free. We reserve
the right to modify, suspend, or discontinue any aspect of the Platform at
any time without prior notice or liability.
PlaytimeNZ is not a betting or wagering platform. No real-money
transactions occur on the Platform, and no feature of the Platform is designed
to facilitate or simulate real-money wagering of any kind. All games are
based on skill, pattern recognition, and memory rather than chance-based
mechanics that involve stakes of real value.
3. Age Requirement — 18+ Only
PlaytimeNZ is strictly intended for adults aged eighteen (18) years or older.
By accessing or using the Platform, you represent and warrant that you are at
least 18 years of age and that you have the legal capacity to enter into a
binding agreement under New Zealand law.
If you are under the age of 18, you are expressly prohibited from accessing
or using the Platform in any way. We do not knowingly collect, store, or
process personal information from individuals under the age of 18. If we
discover that a user under 18 has provided personal information, we will
delete that information and terminate the user's access to the Platform
immediately.
We implement an age verification gate at the point of first access to the
Platform. By confirming your age through this gate, you accept full
responsibility for any misrepresentation regarding your age. We reserve the
right to request additional age verification documentation at any time and
to suspend or permanently terminate access for any user who cannot
satisfactorily demonstrate that they meet the age requirement.
Parents, guardians, and legal representatives are advised that the content
and services on PlaytimeNZ are not suitable for minors. It is your
responsibility to supervise the online activities of any minors in your
care and to prevent them from accessing the Platform.
4. Virtual Credits — Fictional, No Real-Money Value
PlaytimeNZ operates a virtual credit system that is used exclusively within
the Platform for entertainment purposes. These credits, referred to as
"virtual credits" or "fictional credits," are purely digital tokens that
have no monetary value and cannot be exchanged for cash, goods, services,
or any other real-world items of value.
Users receive a starting balance of virtual credits upon first accessing the
Platform. Additional credits may be earned through gameplay achievements,
including but not limited to: successfully clearing clusters in Cluster
Rush, completing memory challenges in Hidden Picks, and reaching milestone
score thresholds. All credits awarded are determined by our internal game
logic algorithms and are awarded at our sole discretion.
You expressly acknowledge and agree that:
- Virtual credits have no real-world monetary value whatsoever;
- Virtual credits cannot be purchased, sold, traded, transferred, or
redeemed for cash or any other real-world consideration;
- Virtual credits are not property, do not accrue interest, and do not
constitute a financial instrument or investment;
- Virtual credits are provided solely for the purpose of enhancing your
entertainment experience on the Platform;
- We reserve the right to modify, adjust, or reset virtual credit balances
at any time for any reason, including but not limited to technical
adjustments, gameplay balancing, or error correction;
- Virtual credits have no value outside the Platform and cannot be
transferred to any other account, platform, or third party;
- Upon termination of your account or your access to the Platform, all
virtual credits held in your account will be forfeited immediately and
without compensation.
The virtual credit system is designed to gamify the user experience and
provide a sense of progression and achievement. It is not, and shall never
be construed as, a form of real-money wagering or betting. The
system exists entirely within the fictional universe of PlaytimeNZ and does
not create any legally enforceable rights or entitlements.
5. User Conduct — Acceptable Use and Prohibited Behaviour
As a condition of your access to and use of the Platform, you agree to
comply with all applicable laws, regulations, and these Terms. You agree
to use the Platform only for lawful, legitimate entertainment purposes and
in a manner that does not infringe the rights of others or restrict or
inhibit anyone else's use and enjoyment of the Platform.
Without limiting the generality of the foregoing, you agree that you will
not, and will not attempt to:
- Use the Platform for any illegal, fraudulent, or unauthorised purpose;
- Misrepresent your age, identity, or affiliation with any person or entity;
- Create multiple accounts for the purpose of manipulating the virtual
credit system or gaining an unfair advantage;
- Exploit any bug, glitch, vulnerability, or unintended feature of the
Platform to gain an unfair advantage or to artificially inflate your
virtual credit balance;
- Use automated software, bots, scripts, macros, or any other forms of
automation to interact with the Platform or its games;
- Interfere with, disrupt, or overload the Platform's servers, networks,
or infrastructure;
- Attempt to gain unauthorised access to any part of the Platform, other
user accounts, or our internal systems;
- Reverse-engineer, decompile, disassemble, or attempt to derive the
source code of any software component of the Platform;
- Transmit or distribute any viruses, worms, Trojan horses, malware, or
other malicious or harmful code through or in connection with the Platform;
- Post, transmit, or otherwise make available any content that is
defamatory, abusive, harassing, threatening, hateful, obscene, or
otherwise objectionable;
- Impersonate any PlaytimeNZ employee, moderator, administrator, or
representative;
- Engage in any activity that could damage, disable, overburden, or
impair the functioning of the Platform;
- Use the Platform to advertise, solicit, or promote any third-party
products, services, or websites without our prior written consent;
- Collect or harvest any personally identifiable information from other
users of the Platform.
We reserve the right, in our sole discretion, to investigate and take
appropriate legal action against any user who violates these provisions,
including without limitation suspending or terminating your access to the
Platform and reporting you to relevant law enforcement authorities. We
also reserve the right to remove, edit, or disable any content or user
account that violates these Terms or is otherwise objectionable in our
sole discretion.
6. Intellectual Property
The Platform and its entire contents, features, and functionality — including
but not limited to all games, software, code, text, graphics, images,
illustrations, animations, audio, video, logos, designs, icons, data
compilations, and the selection, arrangement, and presentation thereof —
are owned by PlaytimeNZ, its licensors, or other providers of such material
and are protected by New Zealand and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights
laws.
The PlaytimeNZ name, logo, game names (including "Cluster Rush" and "Hidden
Picks"), and all related product and service names, design marks, and slogans
are trademarks and service marks of PlaytimeNZ. You are not granted any right
or licence to use any trademark, service mark, logo, or trade name of
PlaytimeNZ or any third party.
Subject to your compliance with these Terms, we grant you a limited,
non-exclusive, non-transferable, revocable licence to access and use the
Platform for your personal, non-commercial entertainment purposes. This
licence does not permit you to:
- Modify, reproduce, distribute, create derivative works from, publicly
perform, publicly display, or commercially exploit any content from the
Platform;
- Use any content from the Platform in any manner that may infringe the
intellectual property rights of PlaytimeNZ or any third party;
- Remove, alter, or obscure any copyright, trademark, or other proprietary
rights notices appearing on or in connection with the Platform;
- Sublicense, sell, rent, lease, transfer, or assign your rights to
access and use the Platform to any third party;
- Use the Platform for any purpose other than its intended entertainment
purpose as described in these Terms.
Any unauthorised use of the Platform or its content will immediately
terminate the licence granted under these Terms and may violate applicable
copyright, trademark, and other laws. Nothing in these Terms constitutes a
transfer of any intellectual property rights from PlaytimeNZ to you.
7. Account Registration and Security
Certain features of the Platform may require you to register for an account.
When you register, you agree to provide accurate, current, and complete
information about yourself as prompted by the registration form. You further
agree to maintain and promptly update your account information to keep it
accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of any login
credentials, including your username and password, and for all activities
that occur under your account. You agree to notify us immediately of any
unauthorised use of your account or any other breach of security. We are not
liable for any loss or damage arising from your failure to comply with these
security obligations.
We reserve the right to refuse registration, suspend accounts, or terminate
accounts at our sole discretion. You may not transfer your account to any
other person or entity. Each user may maintain no more than one active
account on the Platform. Accounts determined to be duplicate, false, or
fraudulent may be terminated without notice and all associated virtual
credits forfeited.
8. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLAYTIMENZ, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR
CURRENCY OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE
PLATFORM;
- WARRANTIES THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED OR THAT THE
PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR
NETWORK CONFIGURATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PLAYTIMENZ OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
CASES, WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
PLAYTIMENZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,
LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO:
- LOSS OF USE, DATA, PROFITS, OR BUSINESS INTERRUPTION;
- LOSS OF VIRTUAL CREDITS, GAME PROGRESS, OR ACCOUNT ACCESS;
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM;
- ANY OTHER MATTER RELATING TO YOUR USE OF THE PLATFORM.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY — WHETHER
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE — AND EVEN IF PLAYTIMENZ HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLAYTIMENZ SHALL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE ARISING FROM OR RELATING TO VIRTUAL CREDITS, INCLUDING BUT
NOT LIMITED TO THE MODIFICATION, SUSPENSION, RESET, OR TERMINATION OF
VIRTUAL CREDIT BALANCES. YOU ACKNOWLEDGE THAT VIRTUAL CREDITS HAVE NO
REAL-WORLD VALUE AND THAT ANY LOSS OF VIRTUAL CREDITS DOES NOT RESULT IN
ANY FINANCIAL LOSS OR DAMAGE TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF PLAYTIMENZ TO YOU FOR ALL CLAIMS
ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED
THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PLAYTIMENZ IN THE TWELVE
(12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) NZD $10.00.
FOR THE AVOIDANCE OF DOUBT, AS THE PLATFORM IS PROVIDED FREE OF CHARGE,
YOUR MAXIMUM RECOVERY UNDER THESE TERMS SHALL BE NZD $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL
BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
10. Termination
We reserve the right, in our sole discretion, to suspend, deactivate, or
terminate your access to the Platform, or any portion thereof, at any time
and for any reason, including without limitation if we reasonably believe
that you have violated these Terms or applicable law.
Upon termination of your access to the Platform:
- All rights and licences granted to you under these Terms immediately
cease;
- You must immediately cease all use of the Platform;
- All virtual credits held in your account will be immediately forfeited
and you will have no right to compensation or reimbursement of any kind;
- Any data, content, or information associated with your account may be
permanently deleted from our systems.
You may terminate your use of the Platform at any time by ceasing to access
it. If you have registered an account, you may request account deletion by
contacting us through the methods set out in the Contact Information section
below. We will process your request in accordance with applicable privacy
laws.
Sections of these Terms that by their nature should survive termination —
including but not limited to Intellectual Property, Disclaimer of Warranties,
Limitation of Liability, Governing Law, and Dispute Resolution — shall
survive any termination of your access to the Platform.
11. Governing Law — New Zealand
These Terms and any dispute, claim, or controversy arising out of or relating
to them — whether based in contract, tort, statute, fraud, misrepresentation,
or any other legal theory — shall be governed by and construed in accordance
with the laws of New Zealand, without regard to its conflict of laws
principles.
You agree that any legal action, suit, or proceeding arising out of or
relating to these Terms or the Platform shall be instituted exclusively in
the courts of New Zealand situated in Auckland, and you irrevocably submit
to the personal jurisdiction of such courts and waive any objection to the
venue of such courts.
The United Nations Convention on Contracts for the International Sale of
Goods shall not apply to these Terms. Nothing in these Terms limits your
rights under the Consumer Guarantees Act 1993 (New Zealand) or any other
applicable consumer protection legislation that cannot be excluded by
agreement.
12. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating
to these Terms or your use of the Platform, the parties agree to first attempt
to resolve the dispute informally. You agree to contact us with a detailed
description of the dispute, and we will work in good faith to resolve the
issue promptly through internal channels.
If the dispute cannot be resolved informally within thirty (30) days, either
party may refer the matter to mediation administered by a recognised mediation
service in New Zealand. The mediator shall be selected by mutual agreement of
the parties. The costs of mediation shall be shared equally between the
parties unless otherwise agreed.
If mediation is unsuccessful or unavailable, the dispute shall be resolved
exclusively by the courts of New Zealand as set out in the Governing Law
section. You agree that any cause of action arising out of or related to
these Terms or the Platform must commence within one (1) year after the
cause of action accrues; otherwise, such cause of action is permanently
barred.
13. Changes to These Terms
We reserve the right, at our sole discretion, to modify, amend, or update
these Terms at any time and for any reason. When we make material changes to
these Terms, we will notify you by posting the updated Terms on this page
and updating the "Last updated" date at the top of this document. Where
appropriate, we may also notify you through the Platform or by other
communication methods.
Changes to these Terms become effective immediately upon posting. Your
continued use of the Platform after any such changes constitutes your
acceptance of the new Terms. If you do not agree to any changes, you must
stop using the Platform immediately. We encourage you to review these Terms
periodically to stay informed about the terms that govern your use of the
Platform.
We will use reasonable efforts to provide notice of material changes at
least fourteen (14) days in advance of their effective date. However,
changes required by law or changes that address new features or functionality
may take effect immediately without prior notice.
14. Contact Information
If you have any questions, concerns, or requests regarding these Terms, or
if you wish to report a potential violation of these Terms, you may contact
us using the following methods:
We aim to acknowledge all enquiries within five (5) business days and to
resolve all legitimate concerns in a timely manner. Please provide a detailed
description of your enquiry along with any relevant information to help us
address your concern efficiently.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other documents
expressly incorporated by reference, constitute the entire agreement between
you and PlaytimeNZ regarding your use of the Platform and supersede all prior
or contemporaneous communications, understandings, and agreements, whether
oral or written, regarding the subject matter hereof.
15.2 Severability
If any provision of these Terms is held to be invalid, illegal, or
unenforceable under applicable law, such provision shall be deemed modified
to the minimum extent necessary to make it enforceable, and the remaining
provisions of these Terms shall continue in full force and effect.
15.3 Waiver
No failure or delay by PlaytimeNZ in exercising any right, power, or
privilege under these Terms shall operate as a waiver thereof, nor shall
any single or partial exercise thereof preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege.
15.4 Assignment
You may not assign, transfer, or delegate these Terms or your rights or
obligations hereunder, by operation of law or otherwise, without our prior
written consent. We may assign these Terms freely, in whole or in part,
without notice or restriction.
15.5 No Partnership
Nothing in these Terms shall be deemed to create, imply, or constitute a
partnership, joint venture, employment, franchise, or agency relationship
between you and PlaytimeNZ.
15.6 Language
These Terms are written and originally published in English. Any translations
provided are for convenience purposes only. In the event of any discrepancy
or inconsistency between the English version and a translated version, the
English version shall prevail, govern, and control.