TERMS AND CONDITIONS 

Welcome to Gameswitch, Australia and New Zealand's own Game trading community. These terms and conditions are intended to assist keeping Gameswitch a fun place to trade. 

Acceptance of terms and conditions: The terms and conditions are the terms on which Gameswitch Limited (“Company”) offers you access to the functionalities provided on the Website (“Services”) and the Website ("Site"). By registering as a member of Gameswitch you (“User”) accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 

Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Gameswitch from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. 

These terms and conditions were last updated in September 2009.

REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with Company, to provide a mailing address, telephone number, and e-mail address, and to select a password and User name ("User ID"). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of User's account. Company reserves the right to refuse registration of, or to cancel a User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password. Company, in its discretion, may refuse to permit a User to register on Company's Site if the email address or the mailing address provided by said User has already been registered on the Site, by User or any other User. Users may register only one User ID per household. Details of User's account are available on the "My Stuff" page of the Site

MINIMUM AGE REQUIREMENT. User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. If you are under 18 your parent or legal guardian must sign up and agree to the terms and conditions on your behalf. User also certifies that User is legally permitted to use the Services and access the Site, and takes full responsibility for accessing the Site and Content, and for the selection and use of the Services. These Terms and Conditions are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

USER MAILING ADDRESS. User understands and acknowledges that User is required to provide its mailing address to Company as a condition to accessing Company's Services. The Company reserves the right to verify any User's mailing address. User understands and acknowledges that if User utilises the Company's Services to receive a Game from another User, User's address will be provided to the prospective seller of such Game for shipping purposes.

SITE CONTENT. All materials displayed or performed on the Site, including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright. The Site and all Content is intended solely for use by Company's Users and may only be used in accordance with these Terms and Conditions. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

USER RESPONSIBILITIES IN USING THE SITE. User is responsible for all of its activity in connection with the Services and in accessing the Site, including, without limitation, all of User's activities in completing transactions and any activity by User that is fraudulent, abusive, or otherwise illegal. Without limiting any of User's responsibilities, User acknowledges and agrees to the following restrictions:

COMPLIANCE WITH LAW. User shall be solely responsible for compliance with all laws, regulations and ordinances connected with the User's access to the Site and utilisation of Services.

COMPLIANCE WITH END USER LICENSE AGREEMENTS. User shall comply with all publisher and developer End User License Agreements ("EULAs") for each Game, as may be applicable.

COMPLIANCE WITH TERMS AND CONDITIONS. User shall comply with all of the provisions of these Terms and Conditions. 

PROHIBITED ACTIVITIES. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in. User may not transfer User's Company account to any third party, or use the Site or Services for any commercial purposes or for the benefit of any third party. User will not distribute or post spam, advertisements, chain letters, or pyramid schemes.

GAME CONDITION. Users shall only offer Games in full working order. Games must not be defaced, scratched, or be damaged in any way. Games offered must fall into one of the three categories: Disc Only, Disc & Manual or Full Package. The Game must be shipped in the condition it was listed as. 

NO VIRUSES. User shall not distribute viruses, worms, or other technologies that seek to injure or adversely affect Company property or interests, or the property or interests of Company Users.

NO SOLICITING ACCOUNT INFORMATION FROM OTHER USERS. User shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or other private information regarding the account of any Company User.

COMPLETION OF TRANSACTIONS. Users are required to complete all Transactions they have accepted (whether as buyer or seller) in a timely manner, in accordance with Site rules and these Terms and Conditions, and to one another's full satisfaction.

RELEASE OF COMPANY FROM USER DISPUTES. In the event that User has a dispute with one or more other Users, User releases Company, its officers, directors, employees, agents, subsidiaries, joint venturers, and other related parties from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

FRAUDULENT ACTS. User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a Game but not actually sending it, or sending it after an unreasonable delay, claiming a Game was never received when in fact it was, claiming a Game is lost, broken, incorrect, scratched or otherwise problematic when it is not, claiming to own a Game that User does not own the rights to, creating a different User ID to avoid adverse action by the Company, and other similar actions. In addition, the following related policies apply.

WHEN RECEIVING SHIPMENTS. In the event a User claims more than three (3) instances of having received a lost, broken, incorrect, scratched or otherwise problematic Game, Company may, at its sole and complete discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched or otherwise problematic Game. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.

WHEN SENDING SHIPMENTS. In the event a User is reported shipping a lost, broken, incorrect, scratched, counterfeited or otherwise problematic Game, Company may, in its sole and absolute discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched, counterfeited or otherwise problematic Game. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.

USER ID FRAUD. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorisation; or (iii) create multiple User IDs within a single household; or (iv) create multiple User IDs in two or more households for the purpose of defrauding the Company or avoiding adverse action by the Company with respect to User's account.

COUNTERFEIT AND ILLEGALLY COPIED GAMES. Users may not illegally copy Games. User shall not list or exchange Games or other products that are counterfeited or in violation of the publisher or developer's EULA. User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of Games or unlawfully distributes Games.

COMPANY RIGHT TO TERMINATE USER ACCOUNT. Notwithstanding anything in these Terms and Conditions to the contrary, the Company reserves the right, in its sole and absolute discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time, with or without notice, for any reason or for no reason. Upon termination of the User's account, User's right to access the Site and any Content, and to use Company Services, will immediately cease.

OTHER COMPANY REMEDIES. Without limiting other remedies available hereunder or at law or equity, Company may limit User's activity, warn other Users of User's actions, issue a warning, temporarily suspend, or indefinitely suspend User's account and refuse to provide access to the Site or Services to User if: (a) User breaches these Terms and Conditions or the documents it incorporates by reference; (b) Company is unable to verify or authenticate information that User provides; or (c) Company believes that User's actions may cause financial loss or legal liability for the User, for other Users, or for the Company.

ACCOUNT FEES. GameSwitch charges fees for the use of the site as a venue. This is in the form of GameSwitch Tokens and GameSwitch Points. All prices are in New Zealand or Australian Dollars and include GST. These fees are non-refundable. GameSwitch Points and / or Tokens refunds due to lost or damaged goods are refunded at GameSwitch’s discretion.

DISCLAIMER
You acknowledge that neither GameSwitch, nor its suppliers or distributors guarantee or warrant the correctness, completeness, currentness, merchantability, or fitness for any particular purpose of any information acquired through use of the GameSwitch website. You therefore agree that neither GameSwitch nor its suppliers or service provides shall be liable to you for any loss or injury whether direct or indirect arising out of or caused by the use of any information acquired through the GameSwitch website.

The use of this website and these conditions shall be governed by and construed in accordance with the laws of Australia and New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of Australia or New Zealand. By using this site, you agree to submit to the jurisdiction of the courts of New Zealand and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of New Zealand.