Terms of Service

1. Introduction & Acceptance

Welcome to Dead Certain Club. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Member", "you", "your") and Dead Certain Club ("we", "us", "our", "the Company"), the operator of the website deadcertainclub.com and all associated services (collectively, the "Service").

By creating an account, subscribing to a membership, making predictions, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Responsible Play Policy. If you do not agree to these Terms, you must not use the Service.

2. Definitions

In these Terms, the following definitions apply:

• "Service" means the Dead Certain Club website, platform, applications, and all related features and functionality.
• "User" means any individual who accesses the Service, whether registered or unregistered.
• "Member" means a User who has created an account and holds an active subscription (paid or free entry).
• "Prediction" means a Member's selection of one or more celebrities whom they predict will pass away during a specified Round.
• "Prize Pool" means the total amount of funds allocated from subscription revenue for distribution to qualifying Members and charity during a given Round.
• "Round" means a defined period (typically monthly or annual) during which Members submit Predictions and prizes are awarded based on outcomes.
• "Charity Contribution" means the portion of the Prize Pool allocated to charitable organisations as described in Section 9.

3. Eligibility

To use the Service, you must meet all of the following requirements:

• Age: You must be at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is greater. By creating an account, you represent and warrant that you meet this age requirement.
• Jurisdiction: You must not be located in, or a resident of, any jurisdiction where the Service is restricted. The Service is explicitly unavailable in the following territories: the United States of America (including all states and territories), India, China (including Hong Kong and Macau), Iran, North Korea, Syria, Cuba, and any other jurisdiction where participation would violate local laws. We maintain a current list of restricted territories on our website, which may be updated from time to time.
• Accurate information: You must provide truthful, accurate, and complete registration information and keep it updated.
• Legal capacity: You must have the legal capacity to enter into a binding contract.

We reserve the right to verify your eligibility at any time. If we determine that you do not meet these requirements, your account will be suspended or terminated, and any pending prizes will be forfeited.

4. Nature of Service

Dead Certain Club is not a gambling service. It is critical that all Users understand the distinction between our Service and gambling, betting, or wagering activities:

• No wagering: Members do not place wagers, bets, or stakes of any kind. The subscription fee is a flat monthly charge for access to the entertainment platform, not a wager on any outcome.
• No betting markets: We do not operate betting markets, offer odds, provide point spreads, or facilitate any form of peer-to-peer betting.
• Subscription entertainment: The Service operates as a subscription-based entertainment and social prediction game. Members pay a fixed monthly fee for access to the platform and the ability to make predictions. The subscription fee does not change based on what predictions are made, and Members receive the same level of access regardless of their prediction outcomes.
• Skill-based predictions: Predictions involve research, knowledge of current events, public health information, and critical thinking. Members are encouraged to make informed selections based on publicly available information.
• Free entry option: Where required by law, the Service provides a free method of entry that offers the same chance of winning as paid entry, further distinguishing the Service from gambling (see Section 10).
• No variable stakes: Unlike gambling, Members cannot increase or decrease their "stake" for different predictions. Every Member has the same subscription cost and the same opportunity to participate.

The Service is designed and operated as an entertainment platform comparable to fantasy sports leagues, office pools, and prediction competitions. Despite these distinctions, we encourage all Members to participate responsibly as outlined in our Responsible Play Policy.

5. Account Registration & Responsibilities

To participate in the Service, you must create an account by providing a valid email address, a secure password, your date of birth, and your country of residence. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Ensuring your account information remains accurate and up to date
• Notifying us immediately if you suspect unauthorised access to your account

Each individual may maintain only one account. Creating multiple accounts to gain an unfair advantage or circumvent restrictions is prohibited and will result in termination of all associated accounts.

You must not share your account credentials with anyone else. We will not be liable for any losses arising from unauthorised use of your account where you have failed to keep your credentials secure.

6. Membership Tiers & Billing

6.1 Subscription Plans

The Service offers paid membership tiers, details of which are displayed on our website. Each tier provides access to specific features, including the ability to make Predictions and qualify for Prize Pool distributions. We reserve the right to modify membership tiers, pricing, and features with reasonable notice.

6.2 Billing

Subscriptions are billed on a monthly recurring basis through our payment processor, Stripe. By subscribing, you authorise us to charge the applicable fee to your selected payment method on each billing date. Prices are displayed in the currency applicable to your region.

6.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, your membership will remain active until the end of the current billing period. You will retain access to all features and any pending Predictions will remain valid for the current Round. After the billing period ends, your account will revert to an inactive state, and you will no longer be eligible to make new Predictions or qualify for future Prize Pools.

6.4 Refunds

Subscription fees are non-refundable for partial billing periods. If you cancel mid-cycle, you will not receive a prorated refund for the remaining days. Exceptions may apply where required by Australian Consumer Law or other applicable consumer protection legislation. If you believe you are entitled to a refund under applicable law, please contact us at support@deadcertainclub.com.

6.5 Failed Payments

If a payment fails, we will attempt to process the charge again. If payment cannot be collected after multiple attempts, your subscription may be suspended. We will notify you by email before suspending your account due to payment failure.

7. Making Predictions

• Selection: Members select celebrities from a list provided on the platform. The list is curated by the Service and updated periodically.
• Deadlines: Predictions must be submitted before the published deadline for each Round. Late submissions will not be accepted.
• Lock-in: Once submitted, Predictions are locked and cannot be changed or withdrawn after the Round deadline. This ensures fairness for all participants.
• Verification: Celebrity deaths are verified using reputable, publicly available news sources and official records. Our determination of whether a Prediction is correct is final and binding.
• Limits: Each membership tier specifies the number of Predictions a Member may make per Round. Exceeding these limits is not possible through the platform interface.

8. Prize Pool & Distribution

8.1 Prize Pool Allocation

The Prize Pool for each Round is funded from subscription revenue and allocated as follows:

• 80% — Member prizes: Distributed among qualifying Members who made correct Predictions during the Round
• 10% — Charity contribution: Donated to a charitable organisation selected through the process described in Section 9
• 10% — Operational costs: Retained by the Company to cover platform operating expenses, development, and administration

8.2 Prize Distribution

When multiple Members make correct Predictions in the same Round, the Member prize portion (80%) is split equally among all qualifying Members. Prize winnings will be credited to the Member's account and paid out via the payment method on file, subject to identity verification for amounts exceeding applicable thresholds.

8.3 Rollover

If no correct Predictions are made during a Round, the Member prize portion rolls over to the next Round's Prize Pool, growing the potential payout. The charity contribution for that Round is still distributed as described in Section 9.

8.4 Tax Obligations

Members are solely responsible for any tax obligations arising from prize winnings in their jurisdiction. We may be required to report prize payments to tax authorities. We recommend consulting a tax professional regarding your specific situation.

9. Charity Contributions

A core value of Dead Certain Club is giving back. 10% of each Round's Prize Pool is donated to a charitable organisation. The charity selection process works as follows:

• Nomination: The Company curates a shortlist of eligible registered charities for each Round, focusing on organisations that align with health, wellbeing, and community causes.
• Member voting: Active Members may vote on their preferred charity from the shortlist. Voting takes place within the platform during each Round.
• Selection: The charity receiving the most votes is selected as the recipient for that Round's contribution. In the event of a tie, the Company will make the final determination.
• Transparency: We publish the recipient charity and donation amount for each Round on the platform.

We reserve the right to change the charity selection process, substitute charities if a selected organisation is unable to accept the donation, and verify the eligibility and standing of all recipient charities.

10. Free Entry

In jurisdictions where applicable law requires a free method of entry for competitions or promotional contests (including but not limited to Ireland, Canada, and certain Australian states), we provide an alternative entry method at no cost. The free entry method provides the same opportunity to win prizes as paid membership entry.

To request free entry, eligible Users may submit a written request by mail to the address published on our website, including their full name, email address, date of birth, and country of residence. Free entry requests must be received before the Round deadline to be eligible. Each free entry request is valid for one Round.

Free entry participants are subject to the same rules, eligibility requirements, and Terms of Service as paid Members, with the sole exception of payment.

11. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Fraud: Providing false identity information, manipulating eligibility checks, or engaging in any deceptive practices.
• VPN circumvention: Using VPNs, proxy servers, Tor, or any other technology to mask your true location and circumvent geographic restrictions.
• Multiple accounts: Creating or operating more than one account per individual. This includes accounts registered under different names, email addresses, or payment methods by the same person.
• Harassment: Harassing, threatening, bullying, or abusing other Members, staff, or any individuals referenced on the platform.
• Manipulation: Attempting to manipulate prediction outcomes, colluding with other Members to gain an unfair advantage, or exploiting bugs or vulnerabilities in the platform.
• Automated access: Using bots, scrapers, or automated tools to interact with the Service without our written permission.
• Offensive content: Posting or sharing content that is defamatory, obscene, hateful, discriminatory, or otherwise objectionable.
• Commercial use: Using the Service for any commercial purpose not authorised by us, including reselling access or data.
• Interference: Attempting to disrupt, overload, or interfere with the operation of the Service or its underlying infrastructure.

Violation of these prohibitions may result in immediate account suspension or termination, forfeiture of pending prizes, and potential legal action.

12. Intellectual Property

All content, features, and functionality of the Service — including but not limited to the website design, text, graphics, logos, icons, images, audio, video, software, and source code — are the exclusive property of Dead Certain Club or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Service without our prior written consent.

The Dead Certain Club name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use these marks without our prior written permission.

13. Disclaimers & Limitation of Liability

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any defects in the Service will be corrected
• The Service will be free of viruses or other harmful components

To the maximum extent permitted by applicable law (including Australian Consumer Law), our total liability to you for any claims arising from or related to the Service shall not exceed the total amount of subscription fees paid by you in the twelve (12) months preceding the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Dead Certain Club, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service or any activity under your account
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through the Service
• Your breach of any applicable law or regulation

15. Termination & Suspension

15.1 Termination by You

You may terminate your account at any time by cancelling your subscription and contacting us to request account deletion. Your account will remain active until the end of the current billing period.

15.2 Termination or Suspension by Us

We may suspend or terminate your account immediately, without prior notice, if we reasonably believe you have:

• Violated these Terms or any applicable law
• Engaged in fraudulent or deceptive conduct
• Created risk or legal exposure for the Company
• Failed to meet eligibility requirements
• Engaged in prohibited conduct as described in Section 11

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Any pending predictions are voided, and any unpaid prizes may be forfeited at our discretion if termination was due to your breach of these Terms. Sections of these Terms that by their nature should survive termination (including Sections 12, 13, 14, 16, and 17) shall continue in effect.

16. Dispute Resolution

If a dispute arises between you and Dead Certain Club, we encourage you to first contact us at support@deadcertainclub.com to seek an informal resolution. Many concerns can be resolved quickly through direct communication.

If a dispute cannot be resolved informally within 30 days, the parties agree to attempt mediation administered by an accredited mediator in Australia before pursuing any other form of dispute resolution. The cost of mediation shall be shared equally between the parties unless the mediator determines otherwise.

If mediation is unsuccessful, either party may commence legal proceedings in the courts of Australia (see Section 17 regarding governing law and jurisdiction).

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Australia for the resolution of any disputes arising from or related to these Terms or the Service.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

19. Amendments & Modifications

We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice by posting the updated Terms on this page with a revised "Last updated" date, and where appropriate, by notifying you via email or through a prominent notice on the Service at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the changes take effect.

20. Contact Information

If you have questions or concerns about these Terms of Service, please contact us:

• General enquiries: support@deadcertainclub.com
• Legal enquiries: legal@deadcertainclub.com
• Website: deadcertainclub.com