Terms & Use

Mystify Terms of Use


Last Updated: 10 September 2024


Mystify is an interactive platform designed to provide players with immersive murder mystery games. The app enables users to engage in thrilling role-playing experiences, where they can correspond with other players, utilise special in-game qualities, vote on tasks, and make purchases related to the game, such as costumes and decorations, via third-party links. Mystify's goal is to offer a seamless and entertaining gaming environment while ensuring a safe, enjoyable, and inclusive experience for all players.


These Terms of Use (“Terms”) govern your access to and use of the Mystify website mobile, application, and all associated services, content, features, and purchases (collectively, the “Service”), owned and operated by Mystify Mysteries Pty Ltd (ACN: 680283621), a company incorporated in New South Wales, Australia ("Mystify", "we", "our", or "us"). By using the Service, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. If you do not agree, do not use the Service.



1. Definitions

  • “Service” includes the Mystify app, website, and any content, features, or functionality related to the platform.
  • “User”, “You”, or “Your” refers to anyone using the Service.
  • “User Content” refers to all content posted by Users on the Service.
  • “Company”, “Mystify”, or “We” refers to Mystify Mysteries Pty Ltd.
  • “Game”, “Gameplay” refers to the murder mystery game provided by Mystify through the Service, which involves role-playing, tasks, voting, and interactions with other players. The Game can be played via the Mystify app and is typically held in a location chosen by the players.
  • “Player”, “User” refers to any individual participating in a Game, whether as the primary account holder or as a guest invited to participate in the gameplay, and who interacts with the Mystify platform during a Murder Mystery Event.


2. Eligibility

1.     Restrictions: The Service is intended for users aged 13 and older. By using the Service, you represent that you are either (i) at least 18 years of age or (ii) if between 13 and 17 years old, that you have the consent of a parent or guardian. By using the Service, you also represent that you have not been previously banned or removed from the Service.

2.     Jurisdiction: Players must be physically located in jurisdictions where gameplay is allowed.

3.     Accessibility: We are committed to making the game accessible to people with disabilities. For additional support, please contact us at Mystify.Mystery@gmail.com


3. Account Registration and Responsibilities

  1. Account Creation: You must create an account to access certain features. You agree to provide accurate, complete, and updated information and maintain the security of your account.
  2. Responsibility: You are responsible for all activities that occur under your account. Mystify is not liable for unauthorised use of your account. Notify Mystify immediately if you suspect a breach.
  3. Account Sharing: You agree not to share your account details with others or sell, transfer, or license your account.


4. User Conduct

  1. Prohibited Activities: You agree not to engage in any of the following:
  • Post, transmit, or distribute unlawful, defamatory, abusive, obscene, or fraudulent content.
  • Harass, impersonate, or stalk any individual, whether involved or not in the game, during the duration of gameplay.
  • Misuse of the Service, including hacking, sending malware, or interfering with service operations.
  • Use the Service for commercial purposes without authorisation.
  • Engaging in prohibited activities may result in suspension or termination of your account without prior notice.
  1. Compliance with Laws: You agree to comply with all local, state, national, and international laws while using the Service.
  2. Suspension/Termination: We reserve the right to suspend or terminate your account if you violate these Terms.


5. User Content and Intellectual Property

  1. User Content: Users are responsible for the legality and ownership of content they post (e.g., images, videos). By posting content on Mystify, you grant Mystify a non-exclusive, worldwide, royalty-free, irrevocable license to use, distribute, and display your content for operational and promotional purposes. Mystify may retain user content, even after account termination, for as long as is permitted by law.
  2. Prohibited Content: Content that infringes on the rights of others, violates any law, or contains offensive, obscene, or harmful material is prohibited. Mystify reserves the right to remove such content at its discretion.
  3. Mystify Intellectual Property: All intellectual property associated with the Service, including trademarks, logos, software, and content provided by Mystify, are protected by applicable copyright and trademark laws. You agree not to copy, distribute, or use any Mystify intellectual property without permission.


6. Third-Party Links and Services

  1. External Links: Mystify may provide links to third-party websites or services for user convenience. Mystify is not responsible for the content, security, or practices of these third-party services.
  2. Third-Party Purchases: Mystify disclaims liability for issues related to third-party purchases made via links provided in the app, including costume, decoration, or in-game purchases.
  3. Third-Party issues: Any issues with third-party purchases, returns, or defects must be handled with the third party directly. Mystify has no obligation to mediate such issues.


7. Payments and Refund Policy

  1. In-App Purchases: All purchases made through the Service, including game access, in-game items, or other services, are non-refundable, unless required by law or at the sole discretion of Mystify.
  2. Refunds: Refunds are not offered for issues that arise from player error, such as purchasing the wrong game or entering incorrect payment details.
  3. Third-Party Payments: Mystify uses third-party payment processors. You agree to be bound by the terms and conditions of such payment processors and accept the risks associated with their use.
  4. Taxes: Users are responsible for any taxes related to their purchases. Mystify disclaims responsibility for international tax compliance.


8. Gameplay Disclaimer

  1. Users choose the location where they play Mystify games. Any harm, damage, or other issues resulting from the choice of location are entirely the player’s responsibility. Mystify disclaims any liability, direct or indirect, for personal injury, death, property damage, or other harm arising from the choice of playing location. Users must ensure they obtain any necessary permissions from the property owner before using any location for gameplay.
  2. By using the Mystify app and participating in any games or activities facilitated by the app, you acknowledge that some games may involve physical (including but not limited to movement, physical activity, bright lights, strobe lights and music), mental, or emotional tasks that could pose risks to individuals. It is your sole responsibility to assess your health and any potential risks, including pre-existing medical conditions, prior to engaging in gameplay. Mystify Mysteries Pty Ltd is not liable for any injuries, exacerbation of medical conditions, or other health-related issues that may arise from your participation. If you have any pre-existing medical conditions, you are strongly advised to consult with a healthcare professional before engaging in any activities within the app.
  3. Mystify is not responsible for any injuries or damages related to the use of third-party products or services.
  4. Mystify does not provide any insurance coverage for injuries, damages, or losses sustained during gameplay.


9. Disclaimer of Warranties

  1. Service Provided “As Is”: Mystify disclaims all warranties related to the Service, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Mystify makes no guarantees that the Service will be uninterrupted or error-free.
  2. User Reliance: Mystify is not responsible for the actions or inactions of other users or third parties associated with the Service.


10. Waiver of Liability

1.     By using the Mystify app, website, or any related services, you acknowledge and agree that you are voluntarily participating in games, activities, and interactions facilitated by Mystify Mysteries Pty Ltd, which may involve physical, mental, or emotional exertion. You agree that Mystify Mysteries Pty Ltd, its employees, officers, directors, contractors, and agents shall not be held liable for any personal injury, illness, accident, or harm of any kind that may occur as a result of your participation in these activities, including but not limited to the use of the app, the selection of a playing location, or the execution of game tasks. This waiver of liability extends to any consequences arising from pre-existing medical conditions or other vulnerabilities you may have.

  1. You fully release and discharge Mystify Mysteries Pty Ltd from any claims, demands, or causes of action for damages, including but not limited to claims of negligence, breach of contract, or breach of any statutory or other duty of care. You agree that this waiver is comprehensive and applies to all aspects of your interaction with Mystify and the games or services offered through the platform.
  2. Users participate in gameplay at their own risk. The Service is intended for entertainment purposes only.


11. Limitation of Liability

  1. General Limitations: Mystify’s liability to users is limited to AUD $100 or the total amount paid by the user to Mystify in the previous 12 months, whichever is greater.
  2. No Consequential Damages: Mystify shall not be liable for any indirect, incidental, punitive, or consequential damages, including loss of profits, data, or goodwill.
  3. Location Disclaimer: Mystify disclaims all liability for incidents or accidents related to the physical location chosen by users for gameplay.


12. Indemnification: You agree to indemnify, defend, and hold harmless Mystify Mysteries Pty Ltd, its affiliates, officers, directors, employees, agents, and licensors (collectively, “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with:

1.     Your use of the Service or participation in any games or activities offered through the Service.

2.     Your breach or violation of these Terms or any applicable laws.

3.     Your User Content, including any claims that it infringes, misappropriates, or otherwise violates the rights of any third party.

4.     Any misuse of the Service by you or anyone accessing the Service using your account.

5.     Any harm, damage, or injury (whether to person or property) caused by or resulting from your participation in any Mystify game, event, or activity, including any claims related to the location you choose for gameplay or your interactions with other users or third parties.

Mystify Mysteries Pty Ltd reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate fully with Mystify in asserting any available defences. This indemnification obligation will survive the termination of your account or use of the Service.

 

13. Dispute Resolution

  1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:

a.     28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

b.     If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association.

c.     The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

d.     The mediation will be held in Sydney, Australia.

  1. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  2. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.


14. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Mystify Mysteries Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Mystify Mysteries Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

 

15. Force Majeure

Mystify is not responsible for any delay or failure to perform due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, cyberattacks, power outages, strikes, labour disputes, and changes in law or government policy. Users agree to not hold Mystify liable for any losses or failure of performance resulting from these events.


16. Privacy and Data Collection

  1. Data Collection: Mystify collects and processes personal data in accordance with our Privacy Policy. By using the Service, you consent to such collection.
  2. User Data: User data will be stored for as long as is required by law. At the end of this time, all relevant user data will be destroyed.
  3. Third-Party Data Sharing: Mystify may share non-personally identifiable data with third parties for analytics, advertising, or other operational purposes.
  4. User Control: Users may request access to their data or deletion of their account in compliance with applicable privacy laws. To do so, please contact us via: mystify.mystery@gmail.com.


17. Termination

  1. Termination by User: You may terminate your account at any time. However, all provisions of these Terms that should survive termination, including payment obligations and ownership rights, shall survive.
  2. Termination by Mystify: Mystify reserves the right to terminate or suspend your access to the Service at its discretion for any reason, including breach of these Terms.
  3. Termination: Termination does not entitle users to any refunds for services purchased.


18. Entire Agreement

These Terms, along with the Privacy Policy and any additional terms provided by Mystify, constitute the entire agreement between you and Mystify. Any prior agreements, representations, or understandings are superseded by these Terms.


19. Modification of Terms

Mystify reserves the right to modify these Terms at any time. Your continued use of the Service constitutes acceptance of any such modifications.


20. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain valid and enforceable. If any part of the Terms is found to be unlawful or unenforceable, it will be modified to the extent necessary to make it enforceable while preserving its intent.