Conditions of Use

Game.com.au and its associated retail outlets provide their services to you subject to the following terms and conditions. If you visit or shop at game.com.au, you agree to accept these conditions. Please read them carefully. In addition, when you use any current or future game.com.au service or visit or purchase from any business affiliated with game.com.au, whether or not included in the game.com.au web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, GAME guidelines and conditions will take precedence.

Privacy Policy
Please review our Privacy Policy, which also governs your visit to game.com.au, to understand our privacy practices.

Electronic Communications
When you visit game.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included on this site including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads and software, is the property of GAME Group Stores PLC or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of GAME Group Stores PLC and protected by Australian and international copyright laws. All software used on this site is the property of GAME Group Stores PLC or its software suppliers and protected by Australian and international copyright laws.

Trademarks
GAME, GAME GROUP, GAME.COM.AU, GW, TGW, DEALS OF THE WEEK, EZY-TRADE, PLAY-FOR-LESS, TRADE GAMES SAVE MONEY and other game.com.au graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GAME Group Stores PLC in UK, Australia and other countries. GAME Group Stores’ trademarks may not be used in connection with any product or service that is not game.com.au's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GAME Group Stores PLC or game.com.au. All other trademarks not owned by GAME Group Stores PLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by game.com.au.

License and Site Access
Game.com.au grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of game.com.au. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another retailer; or any use of data mining, web spiders, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GAME Group Stores PLC. You may not engage pop-up windows, frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of game.com.au without the express written consent of GAME Group Stores PLC. You may not use any meta tags or any other "hidden text" utilising game.com.au's name or trademarks without the express written consent of GAME Group Stores PLC. Any unauthorised use terminates the permission or license granted by game.com.au. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of game.com.au so long as the link does not portray GAME, game.com.au or GAME Group Stores PLC, and/or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any game.com.au logo or other proprietary graphic or trademark as part of the link without express written permission from an authorised representitive of GAME Group Stores PLC.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. game.com.au and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Copyright Complaints
GAME Group Stores PLC and game.com.au respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement as outlined below.

Product Descriptions
Game.com.au attempts to be as accurate as possible. However, game.com.au does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by game.com.au itself is not as described, your sole remedy is to return it in unused condition.
 
Disclaimer of Warranties and Limitation of Liability
This web site is provided by GAME Group Stores PLC on an "as is" and "as available" basis. GAME Group Stores PLC makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, GAME Group Stores PLC and game.com.au disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. GAME Group Stores PLC and game.com.au does not warrant that this site, its servers, or e-mail sent from game.com.au are free of viruses or other harmful components. GAME Group Stores PLC and game.com.au will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
 
Certain state and federal laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable and Statutory Laws
By visiting game.com.au, you agree that the laws of the state of New South Wales, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GAME Group Stores PLC or game.com.au.
 
Disputes
Any dispute relating in any way to your visit to GAME retail outlets, game.com.au or to products you purchase through GAME retail outlets or game.com.au shall be submitted to confidential arbitration in Sydney, New South Wales, Australia, except that, to the extent you have in any manner violated or threatened to violate GAME Group Stores PLC's or game.com.au's intellectual property rights, GAME Group Stores PLC may seek injunctive or other appropriate relief in any state or federal court in the state of New South Wales, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to game.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address
GAME
P.O. Box 7086
Baulkham Hills, NSW 2153
http://www.game.com.au

Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GAME's Copyright Department the written information specified below. Please note that this procedure is exclusively for notifying GAME Group Stores PLC that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

GAME's Copyright Department for notice of claims of copyright infringement on game.com.au can be reached as follows:

Copyright Department
GAME
P.O. Box 7086
Baulkham Hills, NSW 2153
Phone: (+61-2) 9659-2222
Facsimile: (+61-2) 9659-2200
E-mail: copyright@game.com.au