battleface

Terms & Conditions

Effective Date: October 31, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the battleface website (the “Service”) operated by battleface Inc. and each of subsidiary companies (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your email address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third-parties for purposes of facilitating the completion of Purchases.

If you don’t take reasonable care when answering our questions or giving us information, we can cancel your policy or reduce the amount we pay if you make a claim. Or both. If you deliberately mislead us (act fraudulently), we can refuse to pay a claim and will treat the policy as if it never existed.

Availability, errors and inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, errors and inaccuracies” is without prejudice to existing statutory rights.

Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Copyright policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of [email protected] and include in your notice a detailed description of the alleged Infringement.

In cases where there are conflicting claims to the ownership of Copyright, it is our policy to err on the side of removing materials from our Service.

Complaints under the Copyright Act 1968 (Cth)
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.

We are committed to ensuring that the material displayed on our Service is lawful and in accordance with Australian Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as “URGENT”:

  • Your contact details – including your name, email address and daytime telephone number
  • Identify the material in question – please include sufficient detail to enable us to identify the material complained of
  • The reasons for your objection

We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.

Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.

You can contact our Notice and Takedown Officer via email at [email protected].

Intellectual property
The Service and its original content, features and functionality are and will remain the exclusive property of battleface Inc., each of its subsidiary companies and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent from our team.

Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by us.

We do not control over, and assume responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless battleface Inc., its subsidiary companies, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of liability
In no event shall battleface Inc., nor its subsidiary companies, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

battleface Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will we ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by battleface Inc. or any person for whom battleface Inc. is responsible, and even if battleface Inc. has been advised of the possibility of such loss or damage being incurred.

Governing law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us
If you have any questions about these Terms, please contact us at [email protected].

FRAUD WARNING STATEMENT

FOR RESIDENTS OF ALL STATES OTHER THAN THOSE LISTED BELOW: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

ALASKA: A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.

ARIZONA: For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

CALIFORNIA: For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. 

COLORADO:  It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.

DELAWARE: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.

FLORIDA:  Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

IDAHO: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.

INDIANA: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.

KANSAS: A “fraudulent insurance act” means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.

KENTUCKY: 

Application: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.

Claim Form: Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.

MAINE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

MARYLAND:  Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

MINNESOTA:  A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.

NEW HAMPSHIRE: Any person who, with a purpose to injure, defraud, or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20.

NEW JERSEY:

Application: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

Claim Form: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.

PENNSYLVANIA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

NEW MEXICO: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.

OHIO: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

OKLAHOMA: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

OREGON: IMPORTANT NOTE: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison.

TENNESSEE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefit.

TEXAS: Any person who knowingly presents a false or fraudulent claim for payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. 

VIRGINIA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. 

WASHINGTON: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

NEW YORK*:  Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

PRE-EXISTING MEDICAL CONDITION

Pre-Existing Medical Condition means an illness, disease, or other condition during the 180 day period immediately prior to the date Your coverage is effective :
  1. received or received a recommendation for a test, examination, or medical treatment for a condition which first manifested itself, worsened or became acute, or had symptoms which would have prompted a reasonable person to seek diagnosis, care or treatment; or
  2. took or received a prescription for drugs or medicine. Item (2) of this definition does not apply to a condition which is treated or controlled solely through the taking of prescription drugs or medicine and remains treated or controlled without any adjustment or change in the required prescription throughout the 180 day period before coverage is effective under this policy.
  3. required a change in prescribed medication. Change in prescribed medication means the dosage or frequency of a medication has been reduced, increased, stopped and/or new medications have been prescribed due to the worsening of an underlying condition that is being treated with the medication, unless the change is:
    1. between a brand name and a generic medication with comparable dosage; or
    2. an adjustment to insulin or anti-coagulant dosage.
If you, or someone you are traveling with, has a Pre-Existing Medical Condition, you can still buy a policy from us but there is no cover for any claim arising directly or indirectly from that condition.

PRE-EXISTING MEDICAL CONDITION

Any Medical Condition that, within the last 12 months, required any:

  • surgery, inpatient or outpatient treatment, referrals or investigations of any sort. This includes being on any waiting list, taking any prescription medication, tablets or required medical treatment (This will not apply to common colds, flu or contraceptive medication);
  • medical advice or treatment for any respiratory condition relating to the lungs or breathing;
  • medical advice or treatment for any heart, stroke or diabetic condition;

Hypertension or high cholesterol controlled by 1 prescription drug only and where the dosage has not been changed within the last 12 months will not be considered a pre-existing medical condition

Coverages Available:

*not all coverages are available in all states
Travel Protection Benefits Limits
Trip Cancellation 100% of trip cost (up to a maximum of $20,000)
Single Occupancy Up to trip cost
Cancel for Any Reason Up to 75% of trip cost Up to 50% of trip costs in FL(CFAR not available to NY residents)
Trip Interruption 150% of trip cost
Delay Package
Trip Delay
Maximum $200 per day up to $2,500
Missed Connection Maximum of $1,000 per covered trip
Baggage Package – Excess
Baggage and Personal Effects $2,500 $100 Deductible
Baggage Delay $100 per day up to a maximum of $500
Travel Medical Package – Excess AK, CO, ID, ND, NH – Primary
Travel Medical Expense – Adventure sports included $100,000 $50,000 in NH $50 Deductible
Emergency Dental $750
Emergency Evacuation and Repatriation of Remains Up to $500,000
Up to $1,000,000 in NH
Accidental Death & Dismemberment $100,000 or $250,000 or $500,000
Pet Medical Package
Pet Medical Expense Up to $2,000 $100 Deductible
Pet Return Up to $500
Rental Vehicle Damage – Primary Up to $35,000 per rented vehicle- Primary $250 Deductible for loss greater than $2,000
Vacation Rental Damage $1,500 or $3,000 or $5,000

Travel Medical Insurance

Some benefits are subject to an excess (aka, the deductible, or what you have to pay before we pay), as stated in the Policy Schedule, and are per Policy Period.

Benefits Limits
Cancellation and Curtailment 5,000
Emergency Medical Expenses, Evacuation and Repatriation of Mortal Remains 10,000,000 (excess 250 or 50)
Hospital Benefit 25 per day, maximum 100
Personal Accident up to 250,000
Baggage Loss or Delay up to 5,000 (excess 250 or 50)
Personal Money and Passport, limited to 250 in respect of cash 500 (excess 250 or 50)
Personal Liability 500,000
Travel Delay 500
Optional Benefits Limits
Business Extension up to 1,000 (excess 100)
Winter Sports (Ski Equipment) up to 750 (excess 50 or 100)

Travel Medical Insurance

Some benefits are subject to an excess (aka, the deductible, or what you have to pay before we pay), as stated in the Policy Schedule, and are per Policy Period.

Benefits Limits
Trip Interruption 2,000
Medical and Emergency Expenses 10,000,000 (excess 250)
Hospital Benefit 25 per day, maximum 100
Personal Accident 50,000 as standard, optional increase up to 250,000
Baggage Loss or Delay 2,000 as standard, optional increase up to 10,000
Personal Money and Passport 500 (excess 250) *** Limited to 250 in respect of cash
Personal Liability 500,000
Optional Benefits Limits
Business Extension up to 1,000 (excess 100)
Winter Sports (Ski Equipment) up to 750 (excess 50 per person, 100 per family)

Travel Medical Insurance

Some benefits are subject to an excess (aka, the deductible, or what you have to pay before we pay), as stated in the Policy Schedule, and are per Policy Period.

Benefits Limits
Cancellation up to $20,000
Trip Interruption $1,000
Medical and Emergency Expenses $5,000,000 (deductible $250)
Hospital Benefit $25 per day, maximum $100
Personal Accident up to $50,000
Baggage $2,000 (deductible $250)
Personal Money and Passport, limited to $250 in respect of cash $500 (deductible $250)
Personal Liability $500,000
Optional Benefits Limits
Business Extension up to $1,000 (deductible $100)
Winter Sports (Ski Equipment) up to $750 (deductible $50 or $100)

Travel Medical Insurance

Some benefits are subject to an excess (aka, the deductible, or what you have to pay before we pay), as stated in the Policy Schedule, and are per Policy Period.

Benefits Limits
Cancellation and Curtailment 5,000
Emergency Medical Expenses, Evacuation and Repatriation of Mortal Remains 10,000,000 (excess 250 or 50)
Hospital Benefit 25 per day, maximum 100
Personal Accident up to 250,000
Baggage Loss or Delay up to 5,000 (excess 250 or 50)
Personal Money and Passport, limited to 250 in respect of cash 500 (excess 250 or 50)
Personal Liability 500,000
Travel Delay 500
Optional Benefits Limits
Business Extension up to 1,000 (excess 100)
Winter Sports (Ski Equipment) up to 750 (excess 50 or 100)