Terms & Conditions

Fizzy.com is owned and managed by 3RD sense Australia Pty Ltd (3RD sense), 'Us', 'We'.

See Contact Us for details on how to contact 3RD sense.

The use of this website is subject to the following Terms & Conditions and Privacy Policy. Please read it carefully. By using the Fizzy.com website you are agreeing to be bound by these Terms & Conditions which may be amended by 3RD sense from time to time.

If you are under the age of 13 years, you must have the permission of your parent or legal guardian before using the Fizzy.com website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

RIGHT TO USE

Your right to use Fizzy.com is subject to any limitations, conditions and restrictions established by us from time to time. We may alter, suspend or discontinue any aspect of the Fizzy.com site at any time, including the availability of any Site feature or content. We may also impose limits on certain features and aspects of the Fizzy.com website or restrict your access to parts or all of the site without notice or liability.

ADVERTISING AND LINKS TO THIRD PARTY WEBSITES

Fizzy.com may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under the control of Fizzy.com and Fizzy.com is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Fizzy.com provides these hyperlinks to you as a convenience. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Fizzy.com permits all Internet service providers to transmit information and materials on this Site to their subscribers subject to compliance with these Terms & Conditions.

COPYRIGHT PROTECTION

Copyright in Fizzy.com (including text, graphics, logos, icons, sound recordings and software) is owned by 3RD sense or licensed to 3RD sense and you have no right, title or interest in this copyright. Other than for the purposes of using the Site in accordance with these Terms & Conditions and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms & Conditions, You must not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or any Interactive Communication channel; or
• commercialise any information, products or services obtained from any part of the Site; without our express written permission.

TRADE MARKS

Fizzy.com may include registered trade marks owned by 3RD sense or our licensors and trade marks that are the subject of applications for registration by 3RD sense or 3RD sense's licensors.

You must not use any of our trade marks, including the name Fizzy.com or 3RD sense:

• in or as the whole or part of your own trade marks or business name or company name;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services (including this Site).

You must not authorise or assist any person to do any of the acts specified above.

PRIVACY

3RD sense reserves the right to use registration information under the following terms for each individual.

Fizzy.com members are responsible for maintaining the confidentiality of their email, nickname, password and other personal details.

What Information Do We Collect?

When you visit our Website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse our website.

Personal Information You Choose to Provide
Registration Information:

You will provide us with information about yourself, your firm or company, and your practices when you register for certain services, or register for email newsletters and alerts.

Credit Card Information:

If you choose to purchase products or services from us or our partners, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:

• Name
• Mailing address
• Email address
• Credit card number
• Home and business phone number

Credit card information provided to us by you is stored by our payment provider partners, who utilise secure encryption protocols to gather and store credit card data. No credit card information is stored by us.

Email Information:

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Website Use Information

Similar to other commercial Websites, our Website utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Website is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the Websites visited just before and just after our Website.

How Do We Use the Information That You Provide to Us?
Uses of Your Personal Information

We use your information primarily to deliver our products to you and to receive payment from you. In order to do this, we may determine if you meet the minimum system requirements to use our products. We may also ask you to participate in surveys about products, services, news and events; we may offer you product upgrades and games for you to purchase.

Third Party Communication of Personal Information

3RD sense does not use your personal information for purposes incompatible with those listed above. 3RD sense does not sell, rent, or share your personal information to a third party unless you specifically consent to provide such information to a third party partner or content service. Sometimes, certain indirectly identifiable information needs to be communicated with third party servers. We may also disclose information when legally compelled to do so, in other words, the law requires it or for the protection of our legal rights.

What Are Cookies?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

IP Addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as "traffic data" so that data (such as the web pages you request) can be sent to you.

Referrers

A Referrer is the information passed along by a web browser that references the Web URL you linked from, and is automatically collected by our web server as "traffic data". We use traffic data to credit your referral to a partner or affiliate who referred you to our website. This information may also be used by 3RD sense to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.

Notice of New Services and Changes

Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services and special offers we think you will find valuable. We will only send you this type of communication if we have received your permission to do so. As our customer, you will be given the opportunity to notify us of your desire not to receive these by contacting our support with your request.

How Do We Protect Your Information and Secure Information Transmissions?

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on our website may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services, which are enabled by Geo Trust. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP. Please contact our customer service support if you have any questions or concerns.

Evaluation of Information Protection Practices

Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

What About Other Websites Linked to Our Website?

We are not responsible for the practices employed by Websites linked to or from our Website nor the information or content contained therein. Often links to other Websites are provided solely as pointers to information on topics that may be useful to the users of our Website.

Please remember that when you use a link to go from our Website to another Website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our Website, is subject to that Website's own rules and policies. Please read over those rules and policies before proceeding.

YOUR CONSENT

By using our website you consent to our collection and use of your personal information as described in this Terms & Conditions. If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Modification of Terms & Conditions by 3RD sense.

3RD sense reserves the right to change or update this Terms & Conditions at any time by posting a notice that we are changing our Terms & Conditions.

SUBSCRIPTION & DOWNLOAD GAMES PURCHASE

Registration, Authorised Use, Security & Monitoring

All personal information you provide Fizzy.com will be treated in accordance with the Fizzy.com Privacy terms.

You must ensure that your username and password remain confidential at all times since you are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether you authorised such use), including unauthorised use of your or any other credit card.

Each username and password must be used by a single user and is not transferable. An attempt to login with a username and password that is already in use may disconnect the other user. You must notify Fizzy.com immediately if you become aware of any unauthorised use of your username and password via our Customer Services portal. Fizzy.com may monitor usage and unauthorised usage of the Fizzy.com website (including but not limited to concurrent usage of username and passwords) and may take any action it deems appropriate, including immediately terminating your subscription.

Subscription Charges

Purchase of subscriptions to Fizzy.com entitles the purchaser to become a Club Soda VIP Member. For the current subscription fees for Fizzy.com Club Soda VIP Membership, please go to the Club Soda HQ page on the Fizzy.com website.

Fizzy.com reserves the right to change the fees it charges for products, services or features offered in connection with the Fizzy.com site at any time and will provide you with written notification of any changes on the Club Soda HQ page on the Fizzy.com website.

In order to register for Club Soda VIP Subscription, you must submit valid credit card details. When you submit your credit card details during the registration process the card details will be checked for validity and the payment will be processed immediately. Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the applicable service.

If you do not notify us of changes to your billing details, Fizzy.com will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription.

If any subscription fees or other charges billed to your credit card are not processed for any reason, Fizzy.com shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by Fizzy.com in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, Fizzy.com reserves the right to cancel your subscription.

Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use Fizzy.com during that term. You cannot suspend your subscription to the Fizzy.com website.

Subscription Termination or Cancellation

You may cancel your subscription by logging into Fizzy.com and visiting the My Clubhouse page on the Fizzy.com website. If you cancel your subscription, your subscription will continue in effect until your Renewal Date, and then terminate on that day. The Renewal Date will be the equivalent of the Commencement Date in the month following the date you give notice of cancellation. (For example, if you join on February 10 and have a monthly subscription and you cancel on June 15, your subscription continues until July 10, at which time it ends.)

Subscription fees are non-refundable.

Your subscription will continue to automatically be renewed for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal, unless you notify us that you wish to cancel your subscription before the end of your current subscription term. The term 'Subscription Term' shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.

We may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that:

• i. you have breached any part of these Terms & Conditions of Fizzy.com or
• ii. you have breached the Fizzy.com House Rules or
• iii. your use of or access to the Fizzy.com website violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Fizzy.com website or any other service offered by Fizzy.com on the website or

In the event of cancellation of your subscription by us, your subscription fees will not be refunded.

None of the foregoing limits any other legal, equitable, or contractual rights available to Fizzy.com. Fizzy.com may, in its sole discretion, choose not to renew your subscription by providing you with notice via email of non-renewal at any time during your subscription term. In the event of the foregoing, your subscription will cease immediately and will not automatically renew at the end of your then-current subscription term.

Download Games Charges

For the current Download Games purchase fees, please go to the Shop page on the Fizzy.com website.

In order to purchase a Download Game, you must submit valid credit card details. When you submit your credit card details during the purchase process the card details will be checked for validity and the payment will be processed immediately. Download games fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the applicable service.

Download Games Refund Policy

3RD sense provides a 30 day refund on Download Games. Provided it is 30 days or less since you made your Download Game purchase you can follow this procedure to receive a refund:

1. Visit the 3RD sense Customer Services Portal
2. Open a Trouble Ticket and choose Refund Request as the reason for the Trouble Ticket
3. Please provide the following information:
   • Your Full Name
   • Your Full Post Address
   • A Contact Telephone Number
   • You email address
   • Your Fizzy Username
   • The Item you Purchased (and want a refund for)
   • Your Receipt Number or Activation code
   • The reason that you want a refund
4. Upon receipt of your refund request we will process your refund as quickly as possible (please allow up to 14 days)

Once the refund has been made, your game will be de-activated and you will no longer be able to play it.

OTHER

These conditions and all orders and contracts as regards validity performance and construction thereof shall be governed by the laws of New South Wales, Australia without regard to the jurisdiction in which any action or proceeding may be instituted.

If you have any ideas you want to share with us or want to give us any feedback about the Fizzy.com website or these Terms & Conditions, please contact us.