Terms of service

Game Academy Pty Ltd

ABN 40 663 868 326

Last updated on 21 December 2023

 

WEBSITE TERMS AND CONDITIONS

INTRODUCTION

• These terms and conditions (Terms) apply when you use this website, GameAcademy.com.au (Website).
• You agree to be bound by these Terms which form a binding contractual agreement between you and us, Game Academy Pty Ltd ABN 40 663 868 326 (Game Academy, our, we or us).
• If you don’t agree to these Terms, you must refrain from using the Website.
• We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

ACCESS AND USE OF THE WEBSITE

• You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

YOUR OBLIGATIONS
You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Game Academy;
• use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  
• use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  
• use the Website with the assistance of any automated scripting tool or software;
  
• act in a way that may diminish or adversely impact the reputation of Game Academy, including by linking to the Website on any other website; and
  
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

• While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
  • the Website will be free from errors or defects;
  • the Website will be accessible at all times;
  • messages sent through the Website will be delivered promptly, or delivered at all;
  • information you receive or supply through the Website will be secure or confidential; or
  • any information provided through the Website is accurate or true.
• We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

INTELLECTUAL PROPERTY

• Game Academy retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
• You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Game Academy or as permitted by law.
• In this clause 5, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

LINKS TO OTHER WEBSITES

• The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
• Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY PLATFORM - SHOPIFY

• This Website is powered by a third-party platform called Shopify. Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here.
  
• To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of Shopify, including in connection with any fault or error of the Website or any issues experienced in placing Orders
  

SECURITY

• Game Academy does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

• If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PRIVACY

• You agree to be bound by our Privacy Policy, which can be found <here>.
  

LIABILITY

• We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

GENERAL

GOVERNING LAW AND JURISDICTION

• This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

• No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

• Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

• An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

• A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

ENTIRE AGREEMENT

• This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

• (singular and plural) words in the singular includes the plural (and vice versa);
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word “includes” and similar words in any form is not a word of limitation;
• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
• (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

 

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Game Academy.

In these terms, we also refer to Game Academy as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being GameAcademy.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Insert Link].

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• Part A: Terms for when you buy Products (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

 

Part A - For When You Buy Products…

SUBMITTING AN ORDER

• By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
  1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  2. you are authorised to use the debit or credit card you provide with your Order.
• Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
• Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

ACCOUNTS

• You may submit an Order as a guest, or you may submit an Order with an account. You may register for and receive an account through the Website (Account).
• As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
• You agree that you are solely responsible for:
  1. maintaining the confidentiality and security of your Account information and your password; and
  2. any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
• You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
• Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
• We may, in our absolute discretion, suspend or cancel your Account if you do not comply with these terms.

SHOPPING AND PRODUCTS

PRODUCTS

• We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
• You acknowledge that the sizes listed for our Products will be as specified by the manufacturer. Prior to purchasing a Product, you must check the size charts available on our Website and/or the manufacturer’s website to ensure you are purchasing the correct size for you, and, if possible, carefully check the measurements of the person the Product is intended to be used by. The size charts listed on the Website may be different for different products and the information relating to Australian sizes may not always be available.
• Until the price of your Products is paid in full, title in those Products is retained by Game Academy. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

GIFT CARDS

• We may issue gift cards for use on our Website.
  
• Gift cards are valid online at our Website are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
  
• Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
  

 DISCOUNT CODES AND VOUCHERS

• We may provide promotional materials and discount codes offering a discount on the Products (Discount) on our Website or social media accounts (Discount Post). To use a discount, you will need to enter its code at checkout.
• A Discount/Voucher must be used prior to the expiry date set out on the relevant Voucher Post and cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
• If any additional terms or conditions apply to the Voucher, these will be set out on the Discount Post.

PAYMENT

• All prices are:
  • per unit (except where indicated);
  • in Australian Dollars; and
  • subject to change prior to you completing an Order without notice.
• (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
• (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Game Academy, you must pay the GST subject to Game Academy providing a tax invoice.
• (Card surcharges) Game Academy reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
• (Online payment partner) We may use third-party payment providers such as Afterpay, Klarna, PayPal or Shopify Pay (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of each Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
• (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

 

CHANGES TO YOUR ORDER

CANCELLATION BY US

We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

See written return and refund policy here

INTELLECTUAL PROPERTY

• Game Academy retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
• In this clause 8, “intellectual property rights” means all copyright, trademark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

RATING AND REVIEWS

• We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products (Review), on the Website.
• You agree:
  • to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
  • to provide true, fair and accurate information in your Review; and
  • that you will not submit a Review that may be deemed rude, offensive, unlawful and otherwise inappropriate.
• You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and on the Website and any of our social media platforms.
• We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.

THIRD PARTY SUPPLIERS

• We may do any of the following:
  • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
  • procure materials and Products from third party suppliers, without further notice to or permission from you.

• To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

Part B - For When You Browse This Website…

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Game Academy;
• use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact the reputation of Game Academy, including by linking to the Website on any other website; and
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

• While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
  • the Website may have errors or defects (or both, as the case may be);
  • the Website may not be accessible at times;
  • messages sent through the Website may not be delivered promptly, or delivered at all;
  • information you receive or supply through the Website may not be secure or confidential; and
  • any information provided through the Website may not be accurate or true.
• We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

INTELLECTUAL PROPERTY

• Game Academy retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
• You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Game Academy or as permitted by law.
• In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

LINKS TO OTHER WEBSITES

• The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
• Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY PLATFORM - Shopify

• This Website is powered by a third party platform called Shopify. Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here.
• To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of Shopify, including in connection with any fault or error of the Website or any issues experienced in placing Orders

SECURITY

To the maximum extent permitted by law, Game Academy does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please email us at customerservice@gameacademy.com.au.

Part C - Liability And Other Legal Terms

LIABILITY

• (Liability) To the maximum extent permitted by applicable law, Game Academy limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Game Academy to the total Fees paid by you to Game Academy under the most recent Order.
  
• Claims for loss of or damage to Products in transit must be made against the carrier.
  
• Products sold by Game Academy, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  
• All other express or implied representations and warranties in relation to Products and the associated services performed by Game Academy are, to the maximum extent permitted by applicable law, excluded.
  
• Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
• (Indemnity) You indemnify Game Academy and its employees, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from you or your representatives’:

1. breach of any third party intellectual property rights;
2. breach of any of these terms;
3. use of the Website;
4. negligent, wilful, fraudulent or criminal act or omission; or
5. use of any goods or services provided by Game Academy.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will Game Academy be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Game Academy (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

• (singular and plural) words in the singular includes the plural (and vice versa);
• (currency) a reference to $, or “dollar”, is to Australian currency;
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
• (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word “includes” and similar words in any form is not a word of limitation; and
• (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

NOTICES 

• Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
• If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
• The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.