(a) so far as the context allows, to you as a visitor to the Gamer Website; and
(b) if you are a buyer or prospective buyer of our goods.
If you are a buyer or prospective buyer of our goods, you agree to be bound by:
(b) the Order Terms, as set out in paragraph 3;
(c) the Gamer Terms & Conditions; and
The Gamer Terms & Conditions are those terms and conditions which concern the supply of goods and services from Gamer, in addition to the Order Terms. The Gamer Terms & Conditions will be provided to you at such time you make a credit application with Gamer or when Gamer supplies goods to you (on the reverse of your tax invoice).
(a) The Gamer Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gamer and Gamer is not responsible for the contents of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.
(c) You may not use the Gamer Website in any manner which could damage, disable, overburden, or impair the Gamer Website or interfere with any other party’s use and enjoyment of the Gamer Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Gamer Website.
(d) All information, advice or other data on the Gamer Website is provided as general information only and should not be relied upon.
(e) Without limitation to your rights under the Australian Consumer Law, you acknowledge that Gamer provides this service and the Gamer Website “AS IS” and that Gamer is not making and has not made any warranty or representation as to the goods or services suitability for any particular purpose other than the mandatory statutory warranties.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Gamer strives to protect such information, Gamer does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us via the Gamer Website is transmitted at your own risk.
If you are issued with a PIN or password by Gamer you agree to take responsibility for the safekeeping of your PIN or password. You are liable for any actions or purchases resulting from any unauthorised use of your PIN or password. You agree to release and indemnify Gamer in relation to any loss or liability arising out of the unauthorised use of your PIN or password.
(a) The entire Agreement between you and Gamer for the purchase of goods by you from the Gamer Website is:
(2) these Order Terms;
(3) the Gamer Terms & Conditions; and
(b) The Agreement exists between you and Gamer once Gamer receives and accepts an order via the Gamer Website. No obligation to sell or supply the goods will arise until the order is received and accepted by Gamer.
(c) Each order may be accepted by Gamer in its absolute discretion.
(d) Each order is a separate agreement with Gamer.
(e) By submitting your order:
(1) you agree to purchase the products specified in your order for the price specified in your order on these Order Terms and Gamer’s Terms & Conditions; and
(2) you acknowledge that you have read, understood and agreed to these Order Terms and Gamer’s Terms & Conditions.
(g) The order shall only be deemed to be accepted when Gamer issues a written acceptance of the order.
(h) You confirm that all the details that you have provided in completing your order are true and correct.
(i) Gamer reserves the right not to process your order for any reason, including, but not limited to, if:
(1) it has not received payment for your order;
(2) your credit limit has been reached on your account;
(3) your order does not meet the minimum order requirements set by Gamer from time to time.
(j) Once you submit your order it cannot be changed or cancelled unless otherwise agreed by Gamer.
(a) Gamer will deliver the goods to the location set out in the order or such other location as the parties may agree, at any time after Gamer notifies you that the goods will be delivered.
(b) You will be responsible for any delivery charges (as may be applicable) in addition to prices stated by Gamer for the goods and these charges may vary depending on the quantity of goods ordered and place of delivery. All prices are exclusive of GST, except where otherwise indicated.
(c) Gamer reserves the right not to deliver the goods to you for any reason, including, but not limited to, if it considers that the place you designate for delivery is outside the delivery areas Gamer or its service operates to make deliveries.
(d) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Gamer will not be liable for any delay in delivery of the goods whatsoever. If Gamer is unable to deliver the products within the time frame indicated, we will use our best endeavours to contact you to make other arrangements.
(e) Risk in the products shall pass to you as soon as delivery has been affected.
(a) The goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products replaced if the products fail to be of acceptable quality.
(b) The goods will not be of acceptable quality if such goods:
(1) are not fit for all the purposes for which goods of that kind are commonly supplied;
(2) are not acceptable in appearance and finish;
(3) have defects;
(4) are unsafe; or
(5) are not durable.
(c) Without limitation to your rights under the Australian Consumer Law, you acknowledge that:
(1) Gamer has not made any representations or warranties in relation to the goods, your order or the Gamer Website;
(2) it is your responsibility to satisfy yourself in relation to the price, quality or otherwise of the goods prior to delivery by Gamer;
(3) Gamer shall not be liable for any loss or damage to the goods or any loss or damage caused, directly or indirectly, in relation to the goods, your order or the Gamer Website.
(d) Gamer does not give any warranty nor accept any liability in relation to performance or non-performance of its obligations under these Order Terms and Gamer’s Terms & Conditions except to the extent, if any, required by law or specifically provided for in these Order Terms and Gamer’s Terms & Conditions.
(e) Gamer’s liability for any breach of any implied warranty or consumer guarantee is limited to re-suppling the goods the subject of your order or refunding the costs of the goods or services (at its sole discretion).
(f) All limitations of liability under these Order Terms and Gamer’s Terms & Conditions shall apply for the benefit of the employees and agents of Gamer to the same extent as they apply for the benefit of Gamer against you or anyone claiming through or under you.
(g) To the maximum extent permitted by applicable law, in no event shall Gamer be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Gamer Website, with the delay or inability to use the Gamer Website or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the Gamer Website, or otherwise arising out of the use of the Gamer Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Gamer has been advised of the possibility of damages.
If we make any changes to the Order Terms and the Gamer Terms & Conditions, we will place a notice on the Gamer Website and will also endeavour to make you aware of the change(s) (by email or through your online account). If you do not agree to the changes in the Order Terms then you can terminate the agreement by giving writing notice to us.
You agree to indemnify Gamer against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the Gamer Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
You acknowledge that:
(b) any trade marks or logos which appear on the Gamer Website are owned by or licensed to Gamer or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
(a) By completing your order and setting up an account via the Gamer Website, you will have provided personal information to Gamer.
(b) If you have selected that you agree to receive promotional material, you consent to receiving any material that Gamer sends to you as a result of submitting your order.
(c) If at any time you do not wish to receive any further material from Gamer you may unsubscribe by simply sending an email with the subject line “unsubscribe” to firstname.lastname@example.org.
Gamer reserves the right, in its sole discretion, to terminate your access to the Gamer Website and the related services or any portion thereof at any time, without notice.
If anything in this document is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.