Terms & Conditions of Use
The terms and conditions set out below are the terms on which GameSwap Ltd (GameSwap) offers you access to its services. By using the GameSwap website you accept the terms and conditions set out herein. If you are under 18 your parent or legal guardian must agree to these conditions on your behalf.
These terms and conditions were last updated on 8 December 2006.
Acceptance of terms
These terms and conditions may be updated from time to time, without notification. You are responsible for ensuring you are familiar with the latest terms and conditions.
Description of the GameSwap service
GameSwap provides a venue for trade. GameSwap is only a venue, and does not take any part in the sales of goods between members.
GameSwap makes no guarantee as to the content, safety or legality of the items listed, the ability of the seller to sell items, or the ability of buyers to complete the purchase.
GameSwap assumes no responsibility for the timeliness of communications, the mis-delivery of information, the in-availability of the service, or the misconduct of any of its members.
At your own risk
Transactions conducted with other members are done so entirely at your own risk. GameSwap takes no responsibility for any member misconduct including but not limited to members that have registered under false pretences or any attempts by members to defraud other members.
Your obligations as a member
Membership to GameSwap is granted at our discretion. As a member of GameSwap, you agree to the terms and conditions set out in this document. Your obligations as a member of GameSwap are:
- You will provide complete and accurate personal information when registering to use the service. You will, to the best of your ability, keep your information true, accurate and complete at all times.
- You will not register under multiple identities or personas.
- You will enter listings that are accurate, truthful and complete.
- You will NOT enter listings that are unlawful, harmful, threatening, abusive, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.
- You will NOT list items that you are not legally entitled to sell. You will NOT list any illegally obtained items, including copies of games, software or other material.
- You will NOT list any pornographic (R18) material of any description on GameSwap.
- All listings, offers or communications through GameSwap shall be made in good faith. You will only place listings for items that exist and are to be sold. Offers shall only be placed where there is a genuine intention to buy at the price entered.
- You will NOT place multiple entries for a single item. This includes not placing multiple entries in different categories for the same item.
- If you use GameSwap listings to promote a business or website you risk your listing being withdrawn and/or your membership being terminated.
- You will NOT use GameSwap to sell services that are of a speculative nature. This includes pyramid schemes, surf-for-free schemes, or affiliate programs.
- Any feedback you provide on other members will be truthful, and non offensive. Member feedback should only be made for users with whom you have attempted or completed a transaction.
- You shall not manipulate prices or offers by assuming multiple roles in a single transaction. You will act only as a buyer or a seller for any given listing.
- You shall not attempt to hack, damage or otherwise gain unlawful access to the GameSwap site.
Goods and Services Tax (GST)
GST and other tax obligations are the responsibility of the seller to collect from the buyer and declare. All prices stated are GST inclusive and in New Zealand dollars unless otherwise stated.
Sale of films, videos, DVD's, VCD's and Laser Disks
The sale of films, videos, DVD's, VCD's and Laser Disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these goods if they have not been examined and classified by the appropriate agencies. This offence carries a maximum penalty of a $3,000 per publication. If any publication was sold, and deemed to be objectionable, the maximum penalty consists of 1 years imprisonment or a fine of $20,000, per publication.
Removal of listings
Items are pre-screened before going live on the site. GameSwap reserves the right to remove any items or listings that it deems unsuitable.
Termination of membership
GameSwap reserves the right to terminate membership of any member of the GameSwap service without entering into further discussions with the member concerned. Membership will be terminated if multiple complaints are received from other members, or the site administrator deems the behaviour of the member to be unsatisfactory.
System Integrity
GameSwap takes no responsibilty for any lack of system availability, or any losses that are incurred as a result of site in-availability or performance. No responsibility is assumed by GameSwap for the corruption of any of the data held by GameSwap.
Arbirtration of disputes
GameSwap will not generally take part in the resolution of disputes that arise as a result of the services provided. Disputes should be resolved between the parties in dispute either directly, or through the use of an appointed arbitrator.
Account credit
GameSwap account credit is used to pay for fees on the site. Account credit is in NZD and is non-refundable.
DISCLAIMER
You acknowledge that neither GameSwap, 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 GameSwap website. You therefore agree that neither GameSwap 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 GameSwap website.
The use of this website and these conditions shall be governed by and construed in accordance with the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of 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.