TERMS OF SERVICE

IN GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the below Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.

PRIVACY POLICY

These Terms of Service incorporate our Privacy Policy, which sets out how we will use your information. By using this Website, you consent to the processing of information as described therein and certify that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this Website.

You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content, including the Gameology brand and all other trademarks, trade names and logos made available to you on or through this Website remain the property of Gameology Pty Ltd (“Gameology”) or its licensors and are protected globally by the relevant copyright laws and treaties. All such rights are reserved by Gameology and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

By placing an order you acknowledge you are entering into a contract of sale with Gameology and are therefore subject to the following terms and conditions.

All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to stock availability and any guarantees or representations made in regards to delivery times are subject to any delays resulting from postal issues or force majeure, for which we will not be held responsible. Please refer to our Delivery Policy for further information.

In order to contract with Gameology you must be at least the age of majority in your state or province of residence, or the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You must possess a valid credit or debit card issued by a bank acceptable to us. Gameology retains the right to refuse any request made by you.

Our Contract:

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order - this email will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Pricing and Availability:

While we endeavour to ensure all details, descriptions and prices appearing on this Website are accurate, errors (including processing or system-syncing errors) may occur. If we discover an error in the price, listing description or payment of any goods which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or for the correct item, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the product/s, you will receive a full refund.

Gameology reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Gameology may do this for example, but without limitation, where:

  • Gameology suppliers are unable to supply Services that they have previously promised to supply;
  • An event beyond Gameology's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Gameology is unable to supply the Services within a reasonable time;
  • Services ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;
  • Services ordered are subject to specific quantity limits set out by us;
  • You ask Gameology to cancel your order.

Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition and will be clearly displayed where applicable and included in the 'Total Cost'.

Our Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies.

Gameology’s prices are subject to change without notice. We reserve the right to modify or discontinue Our Services (or any part or content thereof) without notice at any time.

Gameology will price match competitor products subject our Competitive Pricing Policy.

Payment:

Our website accepts payments using Visa, MasterCard, Afterpay, PayPal, LayBuy and ZipPay. Once your payment method has been validated, upon clicking “Place Order” we will debit the funds from your nominated form of payment immediately for the full order amount.

Discount Codes:

We may from time to time offer promotional discount codes which may apply in respect to any or specified purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue. Due to system limitations, individual discount codes may not be used in conjunction with any other offer, unless specified at the time of issue. 

Gift Cards:

Gift cards may be physical gift cards or E-Gift cards sent in an email. These are not redeemable for cash. No change will be given for a purchase made with a gift card. Our gift cards expire three years from the date of issue. E-Gift cards may take up to 24hours to be delivered to the recipient’s email after purchasing online. Gift cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. Your gift card is treated as a form of tender and cannot be used on orders where the additional payment method selected is Afterpay, PayPal, ZipPay, LayBuy or another gift card. Purchases made using multiple gift cards will not be able to be processed on our Website, and we will not be able to combine the value of two or more gift cards to be used on a single purchase. Gift Cards should be treated like cash. Gameology disclaims all responsibility for lost or stolen cards. Gift cards are strictly not transferrable. Gift cards may not be purchased with reward points, and their purchase will not earn reward points. Customers are not entitled to a refund on the purchase of a Gameology gift card.

Gamers Guild Rewards Points:

Rewards will be earned and redeemed on purchases in-store and online in accordance with the below Terms and Conditions.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Gameology and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Gameology’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE

You may link to our Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link in such a way to suggest any form of association, approval or endorsement where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

LINKS FROM THIS WEBSITE

If we link to other third-party websites, we take no responsibility for the content of, and make no representations as to the accuracy of these websites.

INDEMNITY

You agree to indemnify, defend and hold harmless Gameology Pty Ltd, its directors, employees, contractors, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

VARIATION

Gameology shall retain the right at its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

COMPLAINTS

We operate an established handling procedure which we use to try and resolve disputes when they first arise. Please let Customer Care (through our Help widget below, right) know if you have any concerns or comments.

WAIVER

If you breach any of these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Gameology.

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be interpreted in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

SEVERABILITY

Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Gameology.

GAMERS' GUILD LOYALTY PROGRAM T&C's

Individuals who sign up to the Gamers’ Guild Loyalty Program (referred to as the “Member”) agree to be legally bound by the following Member Terms and Conditions relating to the operation of the Gamers’ Guild Loyalty Program, the use of Gamers’ Guild Discount Codes, and any promotional activity and loyalty transactions that arise as a consequence of the Gamers’ Guild Loyalty Program.

The Member Terms and Conditions may be modified at any time without prior notification by Gameology at its absolute discretion. Any modification to the Member Terms and Conditions may be applied to a Member retrospectively.

In its absolute discretion, Gameology reserves the right to cancel, terminate, modify or suspend the Gamers’ Guild Loyalty Program or any aspect of it at any time and without notice.

Gameology will not accept any liability for any Member email that is misdirected, lost or not received.

Gameology will not accept any liability for any Technical Issues that may cause damage to any computer related to or used in connection with the Gamers’ Guild Loyalty Program.

Gameology may collect personal information from Members for the purpose of facilitating the Gamer’s Guild Loyalty Program. Personal information will be handled in accordance with Gameology’s Privacy Policy.

Gameology may, at any time and in its absolute discretion, require a Member to provide to Gameology proof of identification (in a form requested by Gameology) for Gameology to verify the authenticity of their Gamers’ Guild membership and compliance with these Terms and Conditions. Failure to provide proof of identification may result in termination of a Member’s involvement in the Gamers’ Guild Loyalty Program.

Gameology will not be liable for any tax liability incurred by a Member in connection with the Gamers’ Guild Loyalty Program, including that incurred in the provision and/or utilisation of Rewards.

These Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Rewards, including without limitation the above Website Terms and Conditions, and other relevant Gameology policies and/or terms and conditions.

Gameology’s decision in relation to all matters arising in relation to the Gamers’ Guild Loyalty Program is final and binding.

Any failure or delay by Gameology in exercising its rights under these terms does not constitute a waiver of those rights. Any waiver by Gameology must be in writing and signed by an authorised officer of Gameology.

Nothing in these Member Terms & Conditions is intended to contravene any applicable law. To the extent that any provisions in these Member Terms and Conditions is invalid or unenforceable, it is to be read down so as to be valid and enforceable, and otherwise must be severed to the extent of any invalidity or unenforceability, without affecting the remaining provisions of these Member Terms & Conditions.

MEMBERSHIP:

An individual becomes a Member as at the date of signing up online or in-store (“Join Date”). Completion of the sign-up process to the Gamers’ Guild Loyalty Program is deemed acceptance of these Member Terms and Conditions.

When joining in-store, a sales assistant will record the individual’s full name and email address at the POS. Other details such as a phone number may be optionally recorded. An individual may update their Member account at any time by logging in to the Website and clicking on the ‘My Account’ link on the Rewards Portal. It is the Member’s responsibility to update their Member Profile including their email, surname, phone and postal address. If a Member has not provided or updated Gameology with correct details, Gameology may not be able to contact the Member about their membership, Rewards, special offers or entry to competitions.

Signing up to the Gamers’ Guild program online may be completed by following the prompts in the checkout process or, by clicking the ‘Register’ button on the Website.

Upon joining the Gamers’ Guild Loyalty Program, a Member will be allocated to a Gamers’ Guild Loyalty Program level on the basis of the transaction spend that qualified them to apply for membership. This allocation is outlined below;

  • $0-$999.99 – Explorer
  • $1000-$1999.99 – Adventurer
  • $2000-4999.99 – Hero
  • $5000+ – Champion

Members may only have one account on the Gamers’ Guild Loyalty Program at any time. Members may not transfer their account or Rewards to another person.

Gameology reserves the right to modify, refuse or terminate a Member’s account to the Gamers’ Guild Loyalty Program without notice or reason and at its absolute discretion.

A Member may end their membership at any time by contacting Gameology Customer Care on (03) 9068 6040 or by email to contactus@gameology.com.au.

By joining the Gamers’ Guild Loyalty Program, an individual consents to Gameology contacting them to provide them with consumer or marketing information and notifying them of Rewards or other products and special offers. Should the Member not wish to receive these communications, they may unsubscribe at any time by following the links provided below all Gameology email communications.

EARNING REWARDS:

Members are allocated to levels on the basis of their total spend.

The currency in which Rewards are earned is AUD.

IN-STORE: When a Member identifies themselves to staff in-store at POS, the net amount of the Valid Purchase (all purchases except gift cards, delivery costs and selected products which Gameology determines will not be eligible to earn Rewards. Any purchases returned will not constitute Valid Purchases) is added to their account at the time of the completed transaction.

ONLINE: When a Member completes a transaction online on the Website and identifies themselves by logging into their online Member account, the net amount of the Valid Purchase is added to their account at the time of the completed transaction.

Gameology will endeavour to notify the Member via email when the Member is entitled to a Reward or changes to a different level in the Gamers’ Guild Loyalty Program. If a member unsubscribes from Gameology Member emails their Rewards balance will be viewable online on the Gameology website only.

At its sole discretion, Gameology may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.

Gameology reserves the right to withdraw, cancel or vary the Rewards without notice and at any time for any reason whatsoever in its absolute discretion including without limitation Rewards awarded in error or Rewards earned fraudulently.

Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like tender, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Rewards cannot be earned using other Rewards as part of the transaction.

If a Membership is terminated from the Gamers’ Guild Loyalty Program, all outstanding and future Rewards will no longer be valid and will be rendered null and void.

When a Member returns a purchase in-store, online, or via post, the net amount of the transaction will be deducted from the Member's Spend Balance and Tier Spend Balance and the Reward that was previously awarded will be adjusted or reversed.

REDEEMING REWARDS:

IN-STORE: Rewards can be redeemed in-person only at physical Gameology Stores – check out our locations in Clayton South and Brunswick, here. The Member will identify themselves to staff at POS at the time of purchase in order to have their purchase attributed to their account.

ONLINE: To redeem any applicable Reward when transacting online on the Website, a Member must ensure they are logged into a valid account.

Gameology Pty Ltd, including its online store, is based in Australia and consequently, will redeem Rewards in AUD.

When redeeming any applicable Reward, the Reward will be applied to the total order value, therefore proportionally across each item purchased.

In certain instances, there may be conditions applicable to redemption of Rewards as notified or as set out in promotional terms and conditions at the time of issue.

Rewards cannot be redeemed in conjunction with any other offer, including additional/other rewards, discount codes or gift cards.

Rewards issued do not have an expiry date unless otherwise specified at the time of issue. Gameology reserves the right to change the expiry date of any Reward at any time without notice.

Only Rewards from one Gameology member account can be redeemed per transaction.

Gameology will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason but specifically, in the case of a Technical Issue including without limitation the failure of software or hardware or an EFTPOS malfunction.

Rewards can only be redeemed once, unless otherwise specified at the time of issue.

Gameology reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.

When purchasing using Buy Now, Pay Later payment methods, Rewards can be redeemed at the initial transaction, but cannot be used when making subsequent payments.

If a customer wishes to return a purchase for reasons other than that the goods are faulty or not as described:

  • any Reward redeemed or utilised during the purchase will be forfeited; and
  • any Reward that may otherwise have been earned (such as through being promoted to a higher level) will be forfeited.

Policy updated: 08/07/2021

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