GamePlay Australia - Rental Video Games Online: Rent Playstation 2 Games / Rent PS2 Games / Rent Playstation 3 Games / Rent PS3 Games / Rent XBox 360 Games / Rent Nintendo Wii Games / Rent Nintendo DS Games / Rent PSP Games

Acceptance of Terms
Welcome to GamePlay. The gameplay.com.au website is owned and operated by GamePlay Online Pty. Ltd. (hereinafter referred to as “GamePlay”, “we” or “us”).

You must be 18 years of age or older and reside in Australia to use the GamePlay service. The games we distribute and the content on the GamePlay website are strictly for personal and non-commercial use. We agree to deliver games to our members and grant you a license to access the GamePlay site for that limited purpose only. Any unauthorized use of any game, the GamePlay website or their contents will terminate your membership and the limited license to access our web site granted by us.

GamePlay provides its services to you subject to the following Terms & Conditions, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms & Conditions will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms & Conditions on the www.gameplay.com.au home page. By using, visiting, or browsing the GamePlay website, you accept and agree to be bound by these terms.

These Terms & Conditions set forth the entire agreement regarding all the subjects we discuss herein. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

Privacy
GamePlay complies with the Australian Privacy Act 1988, and in particular, the recent amendments affecting the private sector. Although GamePlay may not required to do so, it complies with the 10 National Privacy Principles contained in the Australian Privacy Act 1988. Click here to see GamePlay’s full Privacy Policy.

Your Account
If you use the gameplay.com.au website, you represent and warrant that all information you supply to GamePlay is complete and accurate. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. By using the gameplay.com.au website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility to provide and maintain an accurate and working e-mail address, delivery address, telephone number, current credit card and billing information, at all times.

Game Returned Feature
This option is only available to members that have been with us for 1 month or longer.

Subscription and Billing

30 Day Money Back Guarantee
We offer a 30 Day Money Back Guarantee if you are not satisfied with our service. To receive your initial payment back you must cancel your account within 30 days, clearly state the reason or reasons you are not satisfied with our service and that you would like your money back. If any of these conditions are not met your initial payment will not be refunded.
No moneys will be refunded until the game(s) are returned. If any games you rent are not received by GamePlay in working order your initial payment will be forfeited.

Remember to promptly return games if you cancel. If the game is/games are not received by GamePlay within 7 days of your cancellation, you will be charged for the replacement retail cost of the game(s).

Credit Card Billing – Subscription Fees
As a GamePlay member, you agree that we are permitted to charge your credit card on a monthly basis for your membership fee. The membership fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.

GamePlay is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by GamePlay. In addition, we do not give pro-rata refunds for unused time if cancellation is initiated during the middle of a billing cycle. We also reserve the right to change our fees, but we will notify you in advance if we do so.

Credit Card Billing - Purchases
GamePlay allows for the purchase of new and pre-played games. By purchasing a new game or pre-played game, you agree to allow us to charge your credit card for the listed purchase price, plus any delivery fees that would be incurred.

Credit Card Billing – Lost/Unreturned/Damaged Games
You agree to allow us to charge your credit card for the Recommended Retail Price of the game(s) in the following situations:

If you have not returned a game to us within 7 days of cancelling your paid subscription;
If you have lost a game and reported it to us as lost;
If you have damaged a game and reported it to us as damaged;

If you repeatedly report games as being lost in the mail.

Gift Certificates
Gift certificates must be bought and redeemed through the GamePlay website, toward the purchase of a GamePlay Membership Plan. GamePlay will rebill the gift certificate purchaser's credit card a monthly subscription fee at the completion of the gift subscription period, unless the recipient cancels prior to the end of the period.

Gift certificates, like prepaid subscriptions, are not redeemable for the purchase of games from GamePlay or our partners. Gift certificates cannot be used to purchase additional gift certificates and are not redeemable for cash and cannot be returned for a cash refund. GamePlay is not responsible for lost or stolen gift certificates. GamePlay has the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed.

Prepaid Memberships
Prepaid memberships must be redeemed through the GamePlay website. Redemption requires a valid credit card and delivery address. GamePlay will begin to bill your credit card for monthly membership fees at the completion of the prepaid period, unless the subscriber cancels prior to the end of the prepaid period.

Prepaid memberships, like gift certificates, are not redeemable for the purchase of games from GamePlay or our partners and cannot be used to purchase additional prepaid memberships or gift certificates. Prepaid memberships are also not redeemable for cash. GamePlay is also not responsible for lost or stolen prepaid memberships. GamePlay has the right to close customer accounts and request alternative forms of payment if a fraudulently obtained prepaid membership is redeemed.

Safe Shopping Guarantee
We are so confident in our security that we guarantee you'll pay nothing if unauthorized charges are made to your credit card due to technology or security breaches.

Limitations on Liability
The content of the GamePlay website, and the games we deliver are provided "as is." If you are considering making a decision based on information on this site which may cost you money, you do so entirely at your own risk. Access to the site is not warranted to be uninterrupted or fault free. We make no representations or warranties, whether express or implied, of any kind about their accuracy or functionality. We assume no liability or responsibility for any errors or omissions in the content of the GamePlay website, for any failures, delays, or interruptions in the delivery of any content contained on the GamePlay website, for any losses or damages arising from the use of the content provided on the GamePlay website, or for any conduct by users of the GamePlay website. To the full extent permissible by law, GamePlay disclaims all representations and warranties about the games we deliver, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current. Please note that it may not be possible to exclude all liability in some legal jurisdictions. Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re supply at the option of GamePlay.

In no event shall GamePlay, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any games or the information on our website. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property
All content and data included on the GamePlay website, or in games provided to you, including but not limited to graphics, text, logos, button icons, and software, is the property of GamePlay, or its suppliers and is protected by copyright laws. No content may be reproduced or used without express written permission from GamePlay and any other copyright holder.

Trademarks not owned by GamePlay that appear on the GamePlay website or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GamePlay. Any images of persons or personalities contained on the GamePlay website or in games shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Website Content
GamePlay offers descriptions, reviews and instructions. Under no circumstances shall GamePlay or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the GamePlay website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the GamePlay website.

Some hyperlinks on GamePlay may lead to other websites that are not owned or controlled by GamePlay. GamePlay has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. GamePlay makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.

Reasonable care has been taken to ensure that all information is true and correct, however, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the webmaster or third party providers of information. Please advise the webmaster if you believe that there are any errors or omissions.

Complaints
Various graphics, text and links are provided by third parties. The material may be inaccurate or infringe the rights of third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please advise GamePlay’s General Counsel who will investigate the matter:

By Mail:
General Counsel
Gameplay Online Pty Ltd
PO Box 289
OSBORNE PARK WA
6917

By E-mail:
copyright@gameplay.com.au

Please provide the following information when providing notice of the claimed copyright infringement:

Evidence of authority to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You should be aware that, under the Copyright Act 1968, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and legal fees.

Your Conduct on the GamePlay website
By using the GamePlay website, you agree not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the GamePlay website. You also agree not to interfere in any way with the servers or networks connected to the GamePlay website, or to violate any of the procedures, policies, or regulations of networks connected to the GamePlay website, the terms of which are incorporated herein. You also agree not to conduct yourself in an offensive manner while using our service and/or our web site, impersonate any other person while using the GamePlay website, or use the GamePlay website for any unlawful purpose.

By using the GamePlay website, you agree not to post statements that are illegal, obscene, threatening, defamatory, or otherwise objectionable to us or other users. Additionally, you agree not to use a false e-mail address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice.

We encourage our members to communicate with us so that we and our members and the public at large may be informed about the GamePlay service. You hereby agree that GamePlay is free to use any of the comments, statements, information, ideas, concepts, reviews, hints, or techniques contained in communications you send to us, without further compensation, acknowledgement, or payment to you, for any purpose whatsoever. Furthermore, by posting information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce, or modify that information.

You agree to indemnify GamePlay and agree to keep GamePlay and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers, indemnified from and against all actions claims demands notices losses damages costs and expenses of any nature whatsoever suffered or incurred by GamePlay and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers by reason of any breach or non performance by you of any of the terms and conditions of this Agreement.

Right to Terminate
We reserve the right to terminate or restrict your membership, or the use of our service:

without notice, if you breach this Agreement; and
at least one full billing period’s notice in any other circumstance, and if the game is/games are not received by GamePlay within 7 days of your cancellation, you will be charged for the replacement cost of the game(s).

Jurisdiction
This Agreement will be governed by and construed according to the law of Western Australia and the parties consent to the exclusive jurisdiction of the State of Western Australia in respect of any litigation that might arise in relation to the GamePlay website.

Contact
If you have a question or concern about these Terms & Conditions, please contact support@gameplay.com.au

You may send mail to:
Customer Service
Gameplay Online Pty Ltd
PO Box 289
OSBORNE PARK WA
6917

Affiliate Terms & Conditions

Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Affiliate Agreement
This Affiliate Agreement ("Agreement") contains the complete terms and conditions that apply to your participation as an Affiliate in the GamePlay Affiliate Program (the "Program"). In this Agreement: "we" means GamePlay, and "you" means the applicant or Affiliate Site. "Site" means a World Wide Web site and, depending on the context, refers either to GamePlay's site, located at the Web Address: www.gameplay.com.au, or to any site that you link to our site (and which you will identify in your Program application); "Link" means a hyperlink established from within an Affiliate Site to the GamePlay Site that enables an end user of an Affiliate Site to access the GamePlay Site)

Becoming an Affiliate
You must be 18 years of age or older and reside, or carry on business, in Australia to Register as an Affiliate.

By submitting an application to become a GamePlay Affiliate, you warrant that you have read and understood this agreement, and you agree to be bound by it.

To begin the application process, you will complete and submit an application to GamePlay. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program or is not compatible with our image. We currently find unsuitable sites that contain:

Discriminatory themes against people based on race, sex, religion, nationality, disability, sexual orientation, or age.
Promoters of acts that violate the law.
Sexually explicit sites which deal in pornographic material.

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that we reserve the sole right to refuse acceptance into the Program at anytime, and can terminate the Agreement at any time during the term if the site content is modified so that we determine it, in our sole discretion, to be unsuitable.

If you are considering making a decision based on information on this site which may cost you money, you do so entirely at your own risk.

Links on your site
Once you have been notified that your site has been accepted into the Program, we'll be responsible for:

providing all information and a variety of graphic and textual Links necessary to allow you to make appropriate Link(s) from your site to our site; and
processing every customer registration and order who follows a special Link from your site; and
registration, fulfillment of orders, cancellations and related customer services.

We reserve the right to reject orders that do not comply with any requirements that we may establish periodically.

Agreements regarding Links
In utilising the Links, you agree that you'll cooperate fully with us in order to establish and maintain such Links. You also agree that you'll display in your site only those graphic or textual images (indicating a link) that are provided or approved by us, and you'll substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Affiliate Sites (the Internet Web site(s) owned or controlled by Affiliate) shall display such graphic and/or textual images prominently in relevant sections of their site. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site.

The traceable link will maintain your special code and assign you credit for revenues generated from your site. You will have access to monitor your account at anytime with special access. As the sale is generated, we take on all responsibility to ensure the collection of revenue, the mailing of the product, and the maintenance of the customer account. There is no financial responsibility on your part once the customer reaches our site. If there is any problem with you accessing your account information via the Internet, we will provide reports to you via e-mail, mail or fax in a timely fashion.

Responsibilities and Opportunities of Your Sites
If you qualify and agree to participate in the Program, you shall display Link(s) prominently throughout your site as you see fit and with our consent.

We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you're in compliance with the terms of this Agreement.

Fee Determination and Payments
GamePlay will pay 10% of the Sign Up fee for each valid rental customer you refer to us that is tracked from the Links which contain your special code. You do not receive a commission if the customer exercises the right to cancel the customer’s subscription under our 30 day money back guarantee policy.

The sum of your referral fees will be paid within 32 days of the end of each calendar quarter. A cheque will be sent to you for fees earned from net sales generated through our links or direct debit made to your specified account. Taxes and shipping charges are not included in the sales figure amounts. If the total value of the referral fees is less than $25.00, we will hold the amount until the total amount reaches $25.00 or (if earlier) until this Agreement is terminated.

Policies
Customers who make a purchase through this Program will be deemed to be customers of GamePlay. Accordingly, all GamePlay rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.

Term of the Agreement
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all GamePlay logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees earned through to the date of termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. You will also be advised by e-mail. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

Relationship of Parties
You and we are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts anything in this Section.

Limitation of Liability
Access to the site is not warranted to be uninterrupted or fault free. We make no representations or warranties, whether express or implied, of any kind about their accuracy or functionality. We assume no liability or responsibility for any errors or omissions in the content of the GamePlay website, for any failures, delays, or interruptions in the delivery of any content contained on the GamePlay website, for any losses or damages arising from the use of the content provided on the GamePlay website, or for any conduct by users of the GamePlay website. To the full extent permissible by law, GamePlay disclaims all representations and warranties about the games we deliver, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current. Please note that it may not be possible to exclude all liability in some legal jurisdictions. Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re supply at the option of GamePlay.

Intellectual Property
All content and data included on the GamePlay website, or in Links provided to you, including but not limited to graphics, text, logos, button icons, and software, is the property of GamePlay, or its suppliers and is protected by copyright laws. No content may be reproduced or used without express written permission from GamePlay and any other copyright holder.

By Mail:
General Counsel
Gameplay Online Pty Ltd
PO Box 289
OSBORNE PARK WA
6917

By E-mail:
copyright@gameplay.com.au

Please provide the following information when providing notice of the claimed copyright infringement:

Evidence of authority to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Contact
If you have a question or concern about these Terms & Conditions, please contact support@gameplay.com.au

You may send mail to:
Customer Service
Gameplay Online Pty Ltd
PO Box 289
OSBORNE PARK WA
6917