Terms and conditions as at November 23, 2022
Stake Something is a platform with associated software (“the System”) designed to motivate people to change their behaviour for the better. To ‘stake’ is to promise an action(s) with a forfeit if the action is not taken. The forfeit can be an amount of money (a monetary stake) or a task that needs to be performed (a time stake).
The business and its services are operated by Stake Something Pty Ltd, (hereafter, “we”, “us”, “Stake Something” or the “Company”). Any person or company interacting with Stake Something is described as ‘the user’ or ‘you’.
By engaging with or using any of our sites or services (including stakesomething.com), you signify that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms”), whether or not you have registered as a user.
We reserve the right to change, modify, add, or delete portions of these Terms at any time without notice. We will post the new version of the Terms on this page together with the date that Terms were last revised.
Your continued use of the System after any such changes means you accept the new Terms. If you do not agree to the Terms at any stage, you are not entitled to continue using the System. It is your responsibility to regularly check to determine if there have been changes to these Terms and to review those changes.
These Terms detail your legal rights, remedies, and obligations.
A monetary stake can only be undertaken by users who are eighteen (18) years of age or older. Use by anyone under 18 is unauthorised and in violation of these Terms.
A non-monetary stake, if offered, can be undertaken by adult users and by children 13 years or older. Use by anyone under 13 is unauthorised and in violation of these Terms.
1 Integrity
The User agrees to communicate honestly with the Company concerning the achievement or non-achievement of projects created on the System.
2 Duration
These Terms remain in force while you use the System and/or are a registered member. The Company has the right to terminate your account, delete your profile and any content or information that you have created on the System, and/or to prevent you from using the System for any reason, or without a reason. We do not need to give you advance notice or warning of that.
3 Registration and Security
You agree to provide current, correct, and complete registration information about yourself when registering for the System.
You agree not to share your password or access information with any other person or organisation unless expressly authorised by the Company.
You agree to keep registration information up to date and that you are responsible for all uses of your account and for actions that occur using your account.
4 Rights and restrictions
4.1 Limited Licence
The User is granted a limited, non-exclusive, non-transferable license to use the System for personal, non-commercial use. The license is revocable at any time without notice and with or without cause.
The license granted by this Terms of Use does not permit the use of any data mining, robots, scraping, spidering, or similar data-gathering techniques.
Any use of the System or the content other than specifically authorised herein, without the prior written permission of Company is strictly prohibited and will terminate the license granted from the date of the transgression. Nothing in these Terms shall be construed as giving the User any license to intellectual property rights.
4.2 User Content Posted on the System
4.2.1 User Responsibility
You are responsible for any photos, profile details, text, multimedia, staking projects and other content that you upload, display, transmit, share or publish (“post”) on or through the System (collectively the “User Content”). You may not post User Content that you did not create or that you do not have permission to post. You understand and agree that the Company may, at any point delete or remove without notice any Content or User Content in its sole discretion, for any reason, or no reason. You are solely responsible for creating backup copies and replacing any User Content you post or store on the System or provide to the Company.
4.2.2 License to Use and Re-Use
When you post User Content to the System, you authorize us to make such copies as necessary to facilitate the display and storage of the User Content on the System. By posting User Content you automatically grant, and you warrant that you have the right to grant to the Company an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide license (including the right to sublicense) to use, copy, publicly display, reformat, translate, excerpt and distribute the User Content for any purpose; commercial, advertising, research or other.
We may prepare derivative works or incorporate into other works such User Content, and we may grant and authorize sublicenses of the User Content, except that the Company may not use User Content in violation of its Privacy Policy.
Aside from the license granted, Users retain all rights to their User Content, including the right to remove it at any time. If a User removes his or her User Content, then the license granted shall automatically expire, except that the Company retains the right to incorporate such content onto its content and sites or in its advertising or promotional materials, and shall have the right to retain archived copies of such content and information for statistical purposes.
4.2.3 Inappropriate Content
You may not post or share Content that:
- is pornographic, obscene, vulgar, involves nudity or is sexually explicit
- shows graphic or gratuitous violence
- could be seen as threatening or intimidating, or that harasses or bullies anyone
- is derogatory, sexist, racist, demeaning, malicious, misogynist, defamatory, abusive, offensive or hateful
4.2.4 Unlawful or Harmful Conduct
You may not
- Violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offence
- Impersonate any person or entity or otherwise misrepresent yourself, your age, or your connection with any person or entity
- Post any personally identifiable or private information of any third party
- Solicit or ask for passwords or personal information from anyone
- Post any material with software viruses or any other computer code, files or programs designed to interfere with, destroy or restrict the functionality of any computer software or any hardware
- Use automated scripts to gather information from or interact with the System. Use someone else’s account without authorisation
- Create an account with a false identity
- Engage in any predatory or stalking conduct or do anything that harasses, intimidates or embarrasses other users
5 Suggestions
You acknowledge and agree that any questions, comments, ideas, feedback or other information submitted about the System (“Suggestions”), provided by you to the Company are non-confidential and shall become the property of the Company.
6 Intellectual Property
6.1 Trademarks
The Company’s trademarks may not be used by Users, including as part of other trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
6.2 Copyright
All content on the System, including text, design, graphics, user-generated content, photos, information, video, software, music, files and sound (“Content”), are the property of Stake Something and its content providers unless noted otherwise. The Company retains all right, title and interest in the Content.
The User may not facilitate the distribution, reproduction, republishing, download, transmission or sale of the Content in whole or in part, modified or not, in any medium, other than what you have legally posted yourself on the System, without Stake Something’s prior written permission.
You may not Post, distribute or reproduce any copyrighted material, trademarks, marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and posted on a Stake Something platform without your permission or in any other way that constitutes copyright infringement, please contact us through our website.
In accordance with the Digital Millennium Copyright Act (DMCA) the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, users who infringe against copyright owners. The Company may also limit access to the System and/or terminate the membership of any user who infringes any intellectual property rights of another.
7 Privacy
You acknowledge and agree that your use of the Services is subject to our current Privacy Policy.
8 Third Party Websites and Content
From time to time the System may include or send you links to other web sites, applications or content (“Third Party Sites”). Stake Something is not responsible for the accuracy, appropriateness, safety, privacy or policies of the Third Party Sites. Our linking does not imply that we approve or endorse that resource. When you leave the System and access Third Party Sites you do that at your own risk. Our terms and policies no longer apply.
9 Disputes between Users
You are responsible for your interactions with other Stake Something users. We reserve the right, but we have no obligation, to review and/or resolve disputes between you and other users. In the event that we do resolve a dispute between you and other users, our decision shall be final.
Stake Something is not responsible for any communications or interactions between Users and their Buddies or Coaches.
10 Claiming your stake
When the User creates a Stake Something game they may nominate an amount of money they are putting at stake and a condition which determines the retention or forfeit of the stake. The staking period is one week and continues until the User pauses or stops staking. In order to retain the stake each week, the User agrees to contact us using the check-in process on the app before the claim expiry time (“Claim Time”), which is midnight of the seventh day of the staking week.
If you inform us in this way that you have met the condition you specified, we will not deduct money from your account. The exact timing of the transfer from your credit card is subject to bank processes and outside of the Company’s control.
If you fail to clearly inform us before Claim Time that you have met the condition or you inform us that you intend donating your stake, it is forfeited and becomes a payment to us for coaching. If you have nominated a charity, Stake Something will subsequently make a donation to that charity for the full amount less (1) credit card fees, (2) GST or other taxes, and (3) a fee no greater than 19% of the stake. This percentage can be varied without notice but will always be shown in our latest Terms and Conditions. Payments to charities will be aggregated and made quarterly or more often, at our discretion.
11 Termination
You may end your membership or involvement at any time for any reason but you will be obligated by these Terms until the scheduled end of any staking arrangement or commitment you have made using the System.
If we believe you are using the platform to engage in excessively fast weight loss we will remove you as a User, as we understand this practice to be dangerous to people’s health and do not wish to help promote it.
12 Disclaimers
12.1 Content
The Company is neither responsible nor liable for any User Content posted by users of the System or Third Party Sites. Third Party Sites includes Stake Something social media accounts on other platforms.
The Company does not control and is not responsible for what users post, transmit, or share on the System and is not responsible for any offensive, inappropriate, obscene, illegal, or otherwise objectionable content you may encounter.
12.2 Availability and Data Integrity
The System may be unavailable from time to time for maintenance or other reasons. The Company is not responsible for any error, omission, deletion, problem in operation or transmission, communications line failure, theft, destruction or unauthorized access to User communications, including User Content.
The Company is not responsible for any technical issues or other problems of any network or service, computer system, server or provider, computer or mobile phone hardware, software, failure of email or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to the User’s or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the System.
Under no circumstances is the Company responsible for any loss or damage, including any loss or damage to any User Content or financial loss, personal injury or death alleged to have resulted from anyone’s use of the System, any User Content or Third Party Applications, Software or Content or alleged to have arisen due to any interactions between users of the System, whether online or offline.
12.3 Viruses and Malware
Stake Something does not warrant or represent that software, content or materials on the System, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the System, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful code or components.
12.4 Health Disclaimer
Stake Something is not a medical or health organisation. Nothing contained in these Terms or on the System should be construed as medical advice. Any information offered by Stake Something or its affiliates should not be seen as a substitute for a consultation, evaluation, or treatment by a medical professional.
The User acknowledges that they are responsible for their own health and well-being and that Stake Something has no knowledge of or responsibility for your health status. You alone are responsible for any actions you take that may give rise to health risks. It is a condition of the use of the System that you confirm you are in a mentally fit state to rationally risk money or actions in order to motivate yourself.
We may from time to time provide advice intended to assist you in meeting your goals. This content is not a substitute for therapy, counselling or professional psychology. Mention of a product, service, process or opinion on a Stake Something platform does not imply endorsement or recommendation.
12.5 Results
Many people use the Stake Something methodology to achieve results in their life that they are very pleased with, often without cost. We believe we offer a significant productivity improvement in human performance. Nonetheless, the Company does not guarantee or promise any specific results from use of the System. In no case shall the Company be deemed responsible for your monetary loss because it did not send or you did not receive a reminder. You acknowledge that staking involves risking your money.
12.6 Game of chance
Stake Something is not a game of chance. The intent of the platform is to encourage Users to take actions they want to take; actions over which they have control or influence. Any use of our platform to reward participants for actions over which they have no control or influence is strictly prohibited.
12.7 Reservation of Rights
The Company reserves the right to change any content, software or other aspects of the System without notice. We can modify or discontinue the System at any time without notice.
12.8 Representations
The Stake Something platforms and Content are provided “as-is” and the Company disclaims any and all representations and warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
You understand and agree that you download, upload, obtain and share content at your own risk and that you will be solely responsible for your use of the System and any damage to your devices, systems, networks or data and for any other harm that may arise.
13 Liability
The Company or its directors, agents or employees are not liable to you or any third person for any indirect, exemplary, consequential, incidental, special or punitive damages, including lost profit or data arising from your use of the site or any third party applications, software or content or any of the site content or other materials accessed through the site, even if The Company has been advised of the possibility of such damages.
The Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will in no case exceed $500. The company shall bear no liability for any amounts lost through staking on the site. You acknowledge that as no fees are paid to the Company for use of the site, you are limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind, regardless of the cause of action.
14 Indemnity
You agree to indemnify and hold Stake Something, its subsidiaries and affiliates, and each of their officers, directors, contractors, agents, partners and employees, harmless from any loss, damages, liability, claim, demand, costs, including attorney’s fees, in connection with any User Content, any Third Party Applications, Software or Content you post or share on the System, your use of the System, your conduct in relation to Stake Something or with other users of the System, or any violation of these Terms or of any law, or the rights of any third party.