Terms of service

This website is operated by Playdeck ("Playdeck", "we", "us", "our"). Throughout the site, the terms "we", "us" and "our" refer to Playdeck. Playdeck offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

Any new features or tools added to the current store are also subject to these Terms of Service. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and Services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in immediate termination of your Services.

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device's display of any colour will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and to limit the quantities of any products or Services that we offer.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, or orders that use the same billing or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant and will not have any liability for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, Services or content from third-party websites. Please review the third party's policies and practices carefully before entering into any transaction.

If you send us creative ideas, suggestions, proposals, plans or other materials, whether at our request or otherwise, you agree that we may at any time and without restriction edit, copy, publish, distribute, translate and otherwise use them in any medium.

We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene material.

Your submission of personal information through the store is governed by our Privacy Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, except as expressly stated by us.

In no case shall Playdeck, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, arising from your use of any of the Service or any products procured using the Service.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by consumer protection law in your jurisdiction which cannot lawfully be excluded, restricted or modified.

You agree to indemnify, defend and hold harmless Playdeck and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts entitled to hear appeals from them.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at support@playdeckconsoles.com

We offer a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the "Agreement"). By opting in to or participating in the Program, you accept and agree to these terms and conditions. This Agreement is limited to the Program and is not intended to modify any other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in, such as through online or application-based enrolment forms. Regardless of the opt-in method used to join the Program, you agree that this Agreement applies to your participation.

By participating in the Program, you agree to receive recurring automated marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, this shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer").

The Program may use artificial intelligence ("AI") technology to generate personalised messages, product recommendations and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than by a human.

Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. You acknowledge and agree that:

(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions or other information. You should independently verify any product information, pricing or promotional offer before making a purchase decision.

(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial or other expert advice.

(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history and browsing activity may be used by AI systems to personalise your experience.

(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by emailing us at support@playdeckconsoles.com

By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content and personalised product recommendations, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from us. You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.

If you no longer wish to participate in the Program, or no longer agree to this Agreement, you agree to reply STOP to any mobile message from us in order to opt out. You may receive an additional message confirming your decision to opt out.

You understand and agree that the foregoing is the only reasonable method of opting out. Attempting to opt out by texting other words, or by verbally requesting a member of our team to remove you from our list, is not an accepted means of opting out.

You acknowledge that message frequency varies and that consent is not a condition of purchase. The Program involves recurring mobile messages, and additional messages may be sent periodically based on your interaction with us.

Message and data rates may apply. Reply HELP for help and STOP to cancel.

You must have your own wireless device capable of two-way messaging, use a participating wireless carrier, and be a wireless data subscriber with text messaging service. Not all wireless carriers support the Program. We are not liable for delayed or undelivered messages.

To provide you with personalised messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalised communications.

We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.

To the maximum extent permitted by law, we and our service providers shall not be liable for any damages arising from or related to: (a) inaccuracies, errors or omissions in AI-generated messages, including incorrect product information, pricing or availability; (b) any decision you make based on AI-generated content; (c) any product recommendation generated by AI systems; or (d) the performance, reliability or availability of AI features.

The Program and all AI-generated content are provided "as is" and "as available" without warranties of any kind.

For questions about the Program, contact us at support@playdeckconsoles.com

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We, Playdeck, are offering an SMS/MMS mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration. Through the Program, you will receive recurring automated marketing and promotional text messages, which may include cart reminders, promotional offers, and product recommendations, and, if you reply, conversational responses to your messages. The Program uses artificial intelligence (“AI”) technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.

AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:

(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.

(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.

(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.

(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at support@playdeckconsoles.com

By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.

Opting Out. You can cancel the SMS service at any time by texting “STOP” to any mobile text message from Us. After you send “STOP”, you may receive a confirmation text, and you will no longer receive messages from us. If you wish to rejoin the Program, you can opt in again at any time through the methods we offer. You may also opt out by replying with another standard opt-out keyword, such as UNSUBSCRIBE, CANCEL, END, or QUIT.

Help and Support. If you are experiencing issues with the messaging program, reply with the keyword HELP for assistance, or contact us directly at support@playdeckconsoles.com

Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages.

Rates and Message Frequency. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. You acknowledge that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. If you have any questions about your text plan or data plan, please contact your wireless provider.

Privacy. If you have any questions regarding privacy, or how we collect and handle your information, please read our Privacy Policy, available at https://playdeck.com/policies/privacy-policy.

Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.

You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. We will post any updates to this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.

For any questions, reply HELP to any message from us, or contact us at support@playdeckconsoles.com for more information about the Program.