Terms of service

Definitions
’User’ including references to you and your means the person or entity using the Website.
‘Owner’ including reference to we, us and our, means Game Gear Holdings Pty Ltd ACN 684 505 600. 
‘Service Provider’ means the company providing the website content management system and hosting services to the Owner for the website.
‘Website’ means "https://gamegear.au/”

Agreement to be bound by Terms
By accessing the Website, you agree to be bound by these Terms of Service as well as all conditions, policies and notices stated here.  
These Terms of Service apply to all Users of the Website, including without limitation Users who are browsers, vendors, customers, merchants and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service.

Changes
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes. 

Third-party tools
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The Website may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ‘as is’ and ’as available’ without any warranties, representation or conditions of any kind and without any endorsement. Game Gear shall have no liability whatsoever arising from or relating to your use of third-party tools.

Refusal of service
We reserve the right to refuse service to anyone for any reason at any time. 

Prohibitions
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access the Website or any contact on the Website through which the service is provided, without the express written permission of Game Gear. 

Identification
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of these Terms of Service and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User who is not authorised to represent for this purpose. The Owner reserves the right at any stage to contact you to confirm both the validity of the account and also the currency and security of the passwords used.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 the Website. 

Unavailability
From time-to-time information that would normally be available through the Website may not be able to be accessed online because of technical or other problems. Each of the Owner and the Service Provider expressly excludes liability to you in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.

Privacy and Storage of your personal information
It is necessary for us to capture information about you in order to provide the services offered through the Website. The use of the information and your rights in respect of it is set out in the Privacy Policy on the Website.
You understand that your content (not including credit card information), may be transferred unencrypted and involves transmission over various networks and changes to conform and adapt to technical requirements of connection networks or devices. 

Pricing
Whilst all effort is made to keep pricing on the website up-to-date, it is possible that at times it may be out-of-date. As such, prices on the Website should only be considered as an ‘invitation to treat’ rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance which only happens when we accept the order. The website automatically sends you an order confirmation email. This email merely acknowledges that we have received your order but does not commit us to supply at the prices contained in the offer. Acceptance of your offer will be communicated manually.

Products
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products are subject to change at anytime without notice at our sole discretion. We reserve the right to discontinue any product at any time. 

User Comments, Feedback and Other Submissions
If at our request you make specific submissions (for example, contest entries) or without a request you send creative ideas, suggestions, proposals, plans or other materials whether online, by email, by post or otherwise (collectively, ‘comments’), you agree that we may, at any time, at our absolute discretion, edit copy, publish, distribute, translate and otherwise use in any medium any such comments. We are and shall be under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or which violates any person’s intellectual property or these Terms of Service. You agree that your comments will not contain defamatory, unlawful, abusive or otherwise obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Website or any related website. You agree to not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. We take no responsibility and assumes no liability for any comments posted by you or any third party. 

Indemnity
You agree to indemnify, defend and hold us (and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees) harmless from any claim or demand, including reasonable legal fees, including any claim made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the right of a third party. 
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive or nefarious nature. 

Copyright
All material on the Website is the copyright of the us or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from us. 

Payment
We offer Credit/Debit Card or PayPal payment methods. All payments options are securely processed via the respective third-parties, being Shopify Payments for credit and debit cards; and PayPal for PayPal payments. You do not require a PayPal account to use the Credit/Debit Card option. We accept Visa, MasterCard, American Express, UnionPay, Shop Pay, Apple Pay, Google Pay and Paypal only.
If you are experiencing issues with PayPal, please contact those companies directly about the issue. We are unable to correct issues relating to these payment methods as we do not control them. These companies keep your information safe and therefore will not deal with us directly on matters, only with you as their customer.
If you are having difficulty checking out, or paying with your credit card, please verify your payment details, that your card is active and that it has the correct funds available. If this is definitely the case and you are still experiencing issues, please email our Customer Care team support@gamegear.au for further assistance.
In the event that you suspect you have placed a duplicate order, please email Customer Care at support@gamegear.au immediately so that we can investigate the issue and have the duplicate order payment reversed before it is processed. Any duplicate orders that have been shipped before we have been notified will be refunded once the order has been returned to our Returns Address.
All payments to us are securely processed using industry-grade TLS security. Your credit card number and PayPal login details are secured with and solely by them. We are never, at any time, able to see your credit card information including the name, number, expiry and CVV/CVC. 
We are never able to see your PayPal account information, only the username or email address with which your account is associated.
You agree that these Terms of Service are governed by the laws of the Commonwealth of Australia as they apply. The parties further submit to the non-exclusive jurisdiction of the courts of Western Australia.