Terms of use

NIYA TECH LABS PTY LTD. ACN 698 379 145. ABN 26 698 379 145. A proprietary company on the Australian register, run out of Melton in Victoria. "We" points at that company. "You" points at you.

Three things: this website, the four accessibility specifications published on it, and any game we put out.

A game may arrive carrying supplementary terms of its own. Where those disagree with these about that game, the supplementary set wins, and only for that game. Neither set can dip below the guarantees in question 7.

By using the site, or by playing a game. Nothing needs clicking, because a click would add nothing: what is written here is the ordinary set of obligations attached to using software somebody else wrote.

Not accepting them leaves one remedy, which is not using the thing. Reading this page while you decide binds you to nothing whatsoever.

Yes. Publishing them rather than filing them away was the entire point. Nothing to pay, nothing to sign, nobody to ask.

• Read them, quote them, attack them in public.
• Apply them to your own work, commercially or otherwise.
• Reproduce a part verbatim in a design document, a talk or a course, with credit to NIYA TECH LABS PTY LTD.
• Fork them. Think the thumb arc is drawn wrong, or the timing rule too strict? Publish your own version and set out why.

A specification nobody may copy is a marketing asset wearing the costume of a standard. These exist to be picked up by people who will never speak to us.

• Suggest we checked your work. Claiming or implying we reviewed, approved, audited or certified it is out. Certification is not something we issue, to anyone, and there is no scheme to be admitted to.
• Pass off an altered version as ours. Alter them as much as you like. At that point they are yours and should carry your name.
• Lead with our marks. Our name and marks cannot be the main identifier of your product, service or channel.

The first of the three carries the weight. What makes a published specification worth anything is that a reader can hold a claim up against it. A badge implying somebody already did that on their behalf destroys precisely the thing being offered.

No. Applying one of our specifications is not a compliance statement and will not work as one.

Whether your product satisfies the Disability Discrimination Act 1992 (Cth), or WCAG, or EN 301 549, or a procurement rule, or any other standard or law, is a question nothing on this site answers. Our checks were built to answer our questions. Nobody drafted them with a regulator in mind, and clearing them establishes nothing about an obligation you may be under.

Wanting that question answered properly means asking somebody qualified to answer it who is willing to carry the answer.

Every right the Australian Consumer Law hands you that no contract may lawfully strip out. Nothing on this site excludes, restricts or modifies any of them. Where this document and that Law disagree, that Law wins and this document loses.

That Law lives in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Acquire something from us as a consumer within its meaning and its guarantees come attached: acceptable quality, fitness for any purpose you told us about, and correspondence with how we described the thing.

What do those guarantees get me in practice?

Two situations, two answers. Where a failure is major, the choice between a replacement and a refund belongs to you, and compensation is available on top for other loss or damage that was reasonably foreseeable. Where a failure falls short of major but the thing is still not of acceptable quality, repair or replacement is what you are owed.

Those entitlements flow from the statute rather than from our generosity, and the paragraph above is a plain summary standing in for it. Held up against the Act, it is the Act that counts.

What limitation does the Law still allow you?

One, and only to the extent the Australian Consumer Law permits it. Where a guarantee goes unmet, and that guarantee is not one arising under sections 51 to 53, we may cap what we owe at supplying the thing again or at meeting the cost of doing so, whichever we elect.

One that is personal to you, held alongside everybody else's rather than exclusively, incapable of being handed on, and revocable. Installing and playing on hardware you own or control is what it permits, for your own enjoyment rather than as part of a business.

That is the usual shape of a game licence, spelled out because the word "buy" on a store page promises rather more than it delivers, and finding that out later is no way to learn it.

• Copy it, sell it, rent it, sublicense it or hand it around, or park it on a network for several people to run simultaneously.
• Reverse engineer, decompile or disassemble it — except where the Copyright Act 1968 (Cth) or the Competition and Consumer Act 2010 (Cth) makes that restriction void. Where the law says you may, you may, and this clause does not pretend to override it.
• Play through a modified client, or use scripts, bots or racks of emulators to manufacture gameplay events no human performed.
• Meddle with the advertising, or strip a notice of ownership out.
• Use it as raw material for a rival product, or feed its assets to a machine learning model.

Theirs, sitting above ours. Whichever store you came through sets the rules for the download and for the payment, and wherever its wording covers the same territory as this document, the store's version prevails.

Neither Apple nor Google is a party to this agreement, and neither owes you support for a game of ours. Apple's own rules require one addition: for a game distributed through the App Store, Apple stands as a third party beneficiary of this agreement, meaning Apple is entitled to enforce it against you without our involvement.

The store. Always. Apple or Google processes every in-app payment; we process none of them.

No card number is ever seen here, let alone held, and charging you directly is not something we can do. The same wall works in reverse, which is why a refund cannot be pushed back to your card by us: the money never passed through our hands. Question 12 covers what to do instead.

• App Store: reportaproblem.apple.com. The decision is Apple's and not ours.
• Google Play: through Play itself. An automatic window opens first, and once it shuts a review process takes over.
• From us: where the store declines and you believe the Australian Consumer Law hands you a remedy, mail [email protected]. It gets dealt with on the merits, not on whether some window happens to have shut.

A store declining a refund is a decision about that store's own policy. It settles nothing about your statutory rights, and we will not treat it as though it had.

Yes. Of everything on this page, this is the clause we would most like to be held to.

Where a game fails to obey something this website promises it obeys, that is capable of amounting to a failure against a consumer guarantee, and it gets handled as one instead of being filed as a feature request somewhere down a backlog. A reduced motion setting that catches only half the animations has not slipped; the product is not doing the thing it was described as doing.

Report it and question 7 takes over, carrying the remedies that question sets out.

Not as a general right. Digital content bought online carries no blanket cooling-off period under Australian law, and anybody telling you otherwise has a different country in mind.

Protection comes instead from the consumer guarantees in question 7, and those bite whether or not you have already started using what you bought. A guarantee outranks a change-of-mind window, and unlike one it does not lapse after a fortnight.

Permission to use that item inside that game. Ownership does not enter into it.

There is no cash value. It cannot move to another person or to another game. It cannot be turned back into money. Saying so plainly is necessary because the vocabulary stores use around virtual currency implies the reverse at every turn.

Your store shows the price in your own currency, having converted and taxed it under arrangements of its own.

NIYA TECH LABS PTY LTD is not registered for GST at present, so no GST currently rides on its own supplies. Where a store collects tax as the supplier, that is the store operating under its rules rather than ours.

A price change never reaches backwards into a purchase already completed.

Brief, and brief for a structural reason. Chat does not exist in these games. Neither does user-generated content, nor messaging between one player and another. That absence removes most of what rules like these normally exist to police.

• Do not go after a game, somebody else's account, or our systems without authorisation.
• Do not post a score that ordinary play on an unmodified client did not produce.
• Display names that break a law, impersonate somebody, or would plainly offend a reasonable person are out. Names like that can be changed by us without warning.

No, and it is never going to be.

A switch device, an adaptive controller, a feature built into your operating system, a screen reader, anything else at all that you use to play — every one of them is expressly permitted. Reaching for one breaches nothing in question 17 and will not be treated as though it had.

Automated play is what our anti-abuse checks hunt for. Should one of them ever mistake assistive input for automation, the fault sits in our code rather than in your conduct. Tell us, and a person will look at it and undo it.

The core of it will. It runs offline and does not need us to be awake.

Online features lean on services somebody else operates. No availability promise attaches to those, and no service credits are offered, because you are not being charged for a service level and manufacturing one we have no control over would be a lie told in advance.

They are going to change. Some are probably wrong already, and finding out which is what publishing them is for.

Where a change weakens a requirement, it gets labelled a weakening, on the page, dated. Whatever the wording said beforehand is available for the asking. What will not happen is a specification quietly loosening while the page carries on reading as though the softer version had been there all along, which is the normal way this goes.

Sixty days notice minimum, posted here and shown inside the game. Then three things follow.

• Purchases stop the moment the announcement goes up, so nobody buys into something already winding down.
• Consumables you paid for and never used get refunded through the store, or straight from us where the store cannot manage it.
• Where progress was tied to an account, an export becomes available ahead of the closing date.

Everything inside the games and across this site is either ours or licensed to us: the code, the art, the audio, the level design, the Niya Tech Labs name and marks, and the way these pages are put together.

Against that sits one deliberate exception. The published specifications are licensed to you under questions 4 and 5, not under this one.

Yes. Record, stream, monetise. The revenue stays yours, and so does copyright in your own footage and commentary. Nothing to ask for, nothing to share.

Screenshots and short clips inside a review, a news item, criticism or commentary are equally fine.

Two strings attached, both about keeping your audience clear on who made what. Do not suggest the video was made or endorsed by us. Do not build your channel or product identity around our marks.

Fair dealing under the Copyright Act 1968 (Cth) — criticism, review, parody, satire, news reporting — is untouched by any of this. Those rights do not depend on our permission, and nothing in this clause sits above them.

Mail [email protected] with "Legal" in the subject. Identify the work, say what you believe infringes it, explain why the rights sit with you, and tell us how to get back to you.

Every notice gets investigated. What comes back is a reasoned answer rather than a form response, including on the occasions we end up disagreeing with you.

The privacy policy deals with personal information, and it forms part of this agreement.

It answers to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and it works through the boundary between an accessibility preference and health information, the permissions a game would seek, the route to deletion, and the advertising controls.

No wording in this document cuts down a right that policy gives you, or one the Act gives you.

Question 7 sits above this one and overrides it wherever the Australian Consumer Law reaches. Read the two together.

• Loss flowing as a reasonably foreseeable result of a breach by us, or of negligence by us.
• Whatever the law forbids us from limiting. Fraud sits there. So does death, and personal injury, where negligence caused it. So does breaching a consumer guarantee that cannot be excluded.

Outside our responsibility:

• Loss nobody could reasonably have foreseen.
• Profit, revenue, business, goodwill, anticipated savings or data, lost while running a business rather than lost as a consumer.
• Whatever follows from applying a published specification to a product of yours, regulatory or legal consequences included.
• What a third party advertisement contains, or what waits on a site reached through one.
• Failures originating in your handset, in your network, or in an operating system change nobody here controls.

The cap

To whatever extent the law allows, total liability tied to a game, a specification or this website is capped. It applies across contract, tort with negligence included, statute and anything else. The ceiling is whichever is larger: what you paid us for that game across the preceding 12 months, or one hundred Australian dollars. Liability the law forbids limiting stays outside the cap entirely.

Victorian law, together with whichever Commonwealth laws apply. Both of us submit to Victorian courts and the courts hearing appeals from them, on a non-exclusive basis.

That word matters. Non-exclusive leaves you free to sue elsewhere wherever some law gives you that option, and a consumer living outside Australia keeps every mandatory protection their own home provides.

Do I have to write to you before suing?

No. Writing to [email protected] first is what we would prefer, since most disputes stop there. It stays a preference and never becomes a precondition. Nothing written on this page obstructs you from taking the matter to a court, to a tribunal, or to the Commissioner, at whatever moment you decide to.

Generally. Consumer matters in Victoria are heard by the Victorian Civil and Administrative Tribunal, for a fraction of what a court costs and with no need to bring a lawyer.

Working out which body deals with which kind of complaint is easier with the guidance published at accc.gov.au. Where the dispute concerns personal information rather than a purchase, question 27 of the privacy policy is the road to take.

Whatever stands published on this page, under the effective date printed at its head, is the version in force.

A change materially reducing your rights carries a minimum of 30 days notice, shown inside the game at next launch and noted across the head of this page. Continuing to use the game or the site once it takes effect is what constitutes acceptance, which is precisely why the notice period exists — to leave you room to stop instead.

It gets read down only so far as rescuing it requires, and struck out entirely where reading down cannot rescue it. Everything around it carries on untouched.

Separately: declining to enforce something once does not surrender the right to enforce it later.

Not by you. Your rights under this agreement cannot be assigned onward.

By us, yes, where the business or an individual game is sold. Your rights under this document and under the privacy policy travel across with it, and that travelling clause is the half worth checking in anybody's assignment wording.

Four documents make it up. This one. The privacy policy. The cookie notice. Plus whatever supplementary wording a particular game happens to carry. On this subject matter those four are the whole of it.

One thing survives regardless. Liability for misleading or deceptive conduct cannot be contracted away in Australia, by this wording or by any other, and nothing above attempts it.

[email protected], for every part of it.

NIYA TECH LABS PTY LTD, ACN 698 379 145, ABN 26 698 379 145, Melton, Victoria, Australia.

No postal address appears here. Whatever registered office stands against the ACN carries legal effect for service, and printing a second one that carried none would be worse than printing nothing.