WEBSITE/APP TERMS OF USE


1. APPLICATION OF TERMS

  • 1.1 These Terms apply to your use of www.gametradar.com (“the Website”) and the Game Tradar mobile app downloadable via ‘The App Store’ and ‘The Play Store’

  • 1.2 You agree to be bound by these terms and conditions.

  • 1.3 We may amend these terms and conditions from time to time and these changes will be deemed to be immediately incorporated into and form part of these Terms. By continuing to visit and use our website/app and purchase our services, you will signify your agreement to be bound by the amended Terms. We encourage you to read our Terms and check back often.

  • 1.4 These Terms are governed by the laws of New Zealand and Australia respectively.

  • 1.5 If you do not agree to these Terms, you are not authorized to access and use the Website/app, and you must immediately stop doing so.


2. DEFINITIONS

In these Terms:

  • 2.1 Including and similar words do not imply any limit

  • 2.2 Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss liability and cost, including legal costs on a solicitor and own client basis

  • 2.3 Personal information means information about an identifiable, living person

  • 2.4 Terms means these terms and conditions titled Website/App Terms of Use

  • 2.5 We, us or our means Game Tradar Limited trading as Game Tradar

  • 2.6 Website means www.gametradar.com

  • 2.7 App means the Game Tradar application downloadable via ‘The App Store’ or ‘The Play Store’

  • 2.8 You means you or, both you and the person on whose behalf you are acting.


3. ABILITY TO ACCEPT TERMS

This website/App contains restricted content. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.


4. YOUR OBLIGATIONS

  • 4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

  • 4.2 You must keep your User ID secure and:
    A. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
    B. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to admin@gametradar.com.

  • 4.3 You must:
    A. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website/App or any Underlying System, or otherwise attempt to damage or interfere with the Website/App or any Underlying System; and
    B. unless with our agreement, access the Website/App via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

  • 4.4 You must obtain our written permission to establish a link to our Website/App. If you wish to do so, email your request to admin@gametradar.com.

  • 4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website/App by using your User ID.


5 PRODUCTS AND SERVICES

  • 5.1 We provide a platform for users to discuss and arrange the trade, purchase or sale of video games as set out on our website. We do not participate in any actual transactions and do not facilitate the payment nor the delivery of items.

  • 5.2 When listing a game all users must be entirely honest and list with the condition tab which best describes the condition of their game. All games must be in perfect working order. It is the users responsibility to examine the game before accepting it during the completion of a trade.

  • 5.3 To aid with up to date information and full game details we use a game database from an API called IGDB, therefore Digital game titles may appear within the app, it is not possible to trade digital copies and advise not to add these to your ‘owned games’ nor ‘wanted games’.

  • 5.4 We use a map API to locate your home address, this information determines the users that will see the games you own and the games you can view as available. The suburb you live in will be visible to other users via your profile page.

  • 5.5 Users must have full confidence in the marketplace. We provide a user feedback system for users to rate their counterparts. If you become the victim of misuse this can be reported to us at admin@gametradar.com. We will enforce our rules and regulations which could result in user suspension or banning a user completely. If you feel you have been the victim of a crime, please report to your local police department.

  • 5.6 The details of our services including duration and content is provided on the Website/App.


6 INTELLECTUAL PROPERTY

  • 6.1 The Website/App, its content and our products contain intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.

  • 6.2 You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.


7 DISCLAIMERS

  • 7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss.

  • 7.2 We make no representation or warranty that the Website/App is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website/App is not illegal or prohibited, and for your own compliance with applicable local laws.

  • 7.3 The Website/App, our products and all blog articles, resources, tools, and other resources on the Website/App are educational and informational resources only, and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

  • 7.4 By continuing to use and read our website/App, resources, tools, and other resources, and by buying and using our services, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our website/App, resources, tools, and other resources, and using our products, is at your own risk.


8 LIABILITY

  • 8.1 To the maximum extent permitted by law:
    • 8.1.1 you access and use the Website/App at your own risk; and

    • 8.1.2 we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website/App, or your access and use of (or inability to access or use) the Website/App. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.


9 SUSPENSION AND TERMINATION

  • 9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website/App (or any part of it).

  • 9.2 On suspension or termination, you must immediately cease using the Website/App and must not attempt to gain further access.


10 GENERAL

  • 10.1 If we need to contact you, we may do so by email or by posting a notice on the Website/App. You agree that this satisfies all legal requirements in relation to written communications.

  • 10.2 These Terms, and any dispute relating to these Terms or the Website/App, are governed by and must be interpreted in accordance with the laws of New Zealand and Australia respectively. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand and Australia in relation to any dispute connected with these Terms or the Website/App.

  • 10.3 For us to waive a right under these Terms, the waiver must be in writing.

  • 10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses, 6, 7, 8, 10.1, continue in force.

  • 10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

  • 10.6 These Terms set out everything agreed by the parties relating to your use of the Website/App and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website/App that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.


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