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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Standard Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern The Gamesmen Pty Ltd 's relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Gamesmen Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Gamesmen Pty Ltd 's rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using our website that you agree and accept that The Gamesmen Pty Ltd is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Gamesmen Pty Ltd 's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

Delivery of Goods

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of The Gamesmen Pty Ltd.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Returns and Refunds

The Gamesmen Pty Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Gamesmen Pty Ltd.

Links To Other Websites

The Gamesmen Pty Ltd may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Gamesmen Pty Ltd and the owners of those websites. The Gamesmen Pty Ltd takes no responsibility for any of the content found on the linked websites.

The Gamesmen Pty Ltd 's website may contain information or advertisements provided by third parties for which The Gamesmen Pty Ltd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation ' only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, The Gamesmen Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Gamesmen Pty Ltd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of The Gamesmen Pty Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Your Privacy

At The Gamesmen Pty Ltd, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. The Gamesmen Pty Ltd 's secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosure of Information

The Gamesmen Pty Ltd may be required, in certain circumstances, to disclose information in good faith and where The Gamesmen Pty Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Gamesmen Pty Ltd. The Gamesmen Pty Ltd expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The Gamesmen Pty Ltd will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Gamesmen Pty Ltd reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Copyright, Trademark and Restrictions of Use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

The Gamesmen Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and The Gamesmen Pty Ltd concerning your use and access to The Gamesmen Pty Ltd 's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and The Gamesmen Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of NSW.

 

Additional Terms - Priority Dispatch Service

These Terms and Conditions ("Terms") apply to the Priority Dispatch service ("Service") offered by The Gamesmen Pty Ltd. This Service is designed to prioritise the dispatch of goods to customers. These Terms are supplemental to The Gamesmen Pty Ltd. 's standard terms and conditions. Where there is any contradiction between these Terms and the standard terms and conditions, these Terms shall take precedence.

The Priority Dispatch Service is provided on a best effort basis to expedite the dispatch process for customers who opt for this Service, subject to the terms outlined herein.

Conditions of Service

Availability of Goods: The execution of the Priority Dispatch Service is conditional upon the availability of the goods requested, items may be subject to additional wait times for transfer to our distribution centre, the Service does not guarantee this process can be expedited.

Validity and Payment: The Service is valid only when the fee for the Service has been paid in full. The fee must be paid in accordance with The Gamesmen Pty Ltd. 's standard payment policies.

Right to Refuse or Terminate Service: The Gamesmen Pty Ltd reserves the right, at its sole discretion, to refuse or terminate the Service at any time without prior notice.

No Obligation of Disclosure: The Gamesmen Pty Ltd is under no obligation to disclose reasons for the refusal or termination of the Service or any details regarding the prioritisation process and criteria.

Exclusions

The Priority Dispatch Service does not guarantee delivery times. While the Service aims to prioritise the dispatch of goods, actual delivery times may be affected by factors beyond The Gamesmen Pty Ltd. 's control, including but not limited to carrier delays, adverse weather conditions, customs clearance, acts of war or civil unrest.

Service Fee

The fee for the Priority Dispatch Service is non-refundable, except in circumstances where The Gamesmen Pty Ltd, at its sole discretion, determines that the Service has not been executed according to these Terms, or where there is a legal right to a refund including under Australian Consumer Law.

Limitation of Liability

The Gamesmen Pty Ltd. 's liability under the Priority Dispatch Service is limited to the efforts to prioritise the dispatch of the goods. The Gamesmen Pty Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Priority Dispatch Service.

Acceptance of Terms

By opting for the Priority Dispatch Service, the customer acknowledges having read, understood, and agreed to be bound by these Terms.

 

Additional Terms - Transit Cover Service

These Terms and Conditions ("Terms") govern the provision of the Transit Cover service ("Service") offered by The Gamesmen Pty Ltd. This Service is designed to provide additional protection for goods during transit from The Gamesmen Pty Ltd to the end user. These Terms are supplemental to The Gamesmen Pty Ltd. 's standard terms and conditions. In the event of any contradiction between these Terms and the standard terms and conditions, these Terms shall take precedence.

Nature of the Service

The Service provided under these Terms is neither expressly nor impliedly a contract of insurance, to contain provisions of insurance or to otherwise involve an undertaking of liability by way of insurance or warranty service.

The Gamesmen Pty Ltd has no duty of disclosure in relation to the Service.

Right of Refusal

The Gamesmen Pty Ltd reserves the right, at its sole discretion, to refuse or terminate the Service at any time without prior notice, except in instances where the Service has already been executed.

Validity

The Service is only valid when the fee for the Service has been paid in full. Payment terms are as per The Gamesmen Pty Ltd. 's standard payment policies. The fee for the Service is calculated by The Gamesmen Pty Ltd, at its sole discretion inclusive of any applicable GST.

Service Period

The Service period commences once the articles have left the possession of The Gamesmen Pty Ltd and ends upon the receipt of the articles by the end user plus applicable claims periods as defined in this agreement.

Legal Rights

The provision of this Service does not invalidate any legal rights of the customer, including those rights provided under Australian Consumer Law.

Coverage

The Service covers articles that are lost or damaged during the Service period under the following conditions:

Lost Articles: An article is considered lost if its tracking information is inconclusive up to 14 days after the expected date of arrival or if the carrier provides documentation stating that the article is lost. The Gamesmen Pty Ltd, at its discretion, will either refund in full or replace lost articles, less the service fee. Claims for lost articles must be submitted within ten (10) business days of the expected date of arrival via our contact form.

Damaged Articles: An article is considered damaged at the discretion of The Gamesmen Pty Ltd upon inspection after the goods have been received. Damaged items must be returned with the original packaging. Cosmetic damage to packaging is not considered as damage for the purposes of this Service. The Gamesmen Pty Ltd will either refund in full or replace damaged articles, at its discretion, less the service fee. Claims for damaged items must be submitted within five (5) business days from receipt via our contact form.

Where a claim has been resolved with a refund or repayment, The Gamesmen Pty Ltd reserves the right recover and retain any lost or damaged articles relating to a claim and in such an event those articles become the property of The Gamesmen Pty Ltd.

Exclusions

  • Delayed delivery unless the delay exceeds the defined period for a lost article.
  • Indirect or consequential loss or damage.
  • Loss or damage attributable to pre-existing conditions of the items before transit, and where the condition of the items has been communicated prior including but not limited to pre-owned, refurbished, open box, known faulty or for parts only.
  • Loss or damage attributable to any party other than The Gamesmen Pty Ltd or the carrier.
  • Loss or damage attributable to causes beyond the control of The Gamesmen Pty Ltd and the carrier, including but not limited to natural disasters, acts of war or civil unrest.
  • Consequential or special damage or other indirect loss, including but not limited to loss of profits, interest, income, utility, or opportunity.
  • The end user is not entitled to recover any value greater than the amount of the actual loss of the value of the purchase less service fee.

Claims Process

Only the designated payee, as provided in the billing information of the invoice, may file a claim under this Service.

To file a claim under this Service, customers must use the designated contact form provided by The Gamesmen Pty Ltd. The claim must include a detailed description of the lost or damaged item, order number or proof of purchase, and any relevant correspondence with the carrier.

The determination of whether an article is lost or damaged and the method of compensation (refund or replacement) are at the sole discretion of The Gamesmen Pty Ltd.

Acceptance of Terms

By opting for the Transit Cover Service, the customer acknowledges having read, understood, and agreed to be bound by these Terms.

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