These terms and conditions are the contract between you and ECLIPSE GAMING PTY LTD (ABN 24
160 249 463) (“us”, “we”, “our”, “ours” or “GGS”). By visiting or using Our Website, you agree to be
bound by these terms and conditions. Our Vendors may also impose additional terms and
conditions to which your contract with them will be subject.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding
contract. Please ask someone over 18 to buy a Product on your behalf.
If you use Our Website, you do so in accordance with these terms and conditions. If you are unable
to accept these terms and conditions, your only remedy is to leave Our Website and stop using the
- means the textual or visual content that is encountered as part of your
experience on Our Website. It may include, among other things: text,
images, sounds, videos and animations. It includes content Posted by
- Our Website
- means https://gaminggearshop.com, any website and any associated
applications owned and operated by us, and includes all web pages
controlled by us.
- means upload or place on or into Our Website any Content or material
of any sort by any means.
- means any item offered for sale on Our Website, whether physical
goods or digital items.
- means any service we provide through Our Website, whether free or
- means a person who offers a Product for sale on Our Website.
- Our contract
- GGS is neither a buyer nor Vendor of Products offered for sale in any form. GGS is
never either a principal or agent in a buying transaction.
- GGS is a marketplace. We are agents of a Vendor only to the extent of use of Our
Website as a platform for sale of its Products.
- We are not responsible to you further than to enable you to link directly to the
Vendors’ site where enable you can purchase Products from Vendors directly.
- We welcome any comment or complaint about a Vendor. We may act upon a
complaint in our discretion.
- We are not responsible for delivery of any Product you order. The Vendor will be
fulfilling your order directly. We will assist you with returning a faulty Product to the Vendor
subject to the Return Policy published at https://gaminggearshop.com/shipping-return
- We provide a marketplace for the supply of Products. We are in no way responsible
- your locating and ordering a Product;
- your choice of a Product;
- any aspect of the provision of the Product;
- any complaint about any Product
- In any dispute with a Vendor, you should deal only with the Vendor. We have
neither legal obligation nor detailed information about the Product.
- Your account and personal information
- When you visit Our Website, you accept responsibility for any action done by any
person in your name or under your account or password. You should take all
necessary steps to ensure that the password is kept confidential and secure and
should inform us immediately if you have any reason to believe that your password
has become known to anyone else, or if the password is being, or is likely to be,
used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information
about yourself. We are not responsible for any error made as a result of such
information being inaccurate.
- You can find out how we collect and use your personal information in our Privacy
Policy which forms part of the
contract between you and us.
- You agree to notify us of any changes in your information immediately it occurs. If
you do not do so, we may terminate your account.
- The buying procedure
- GGS is not responsible for the fulfilment of your contract to buy a Product.
- Prices listed on Our Website by Vendors are inclusive of GST.
- Unless it is clear to the contrary, you may assume that every sale is made by the
Vendor in the course of its business.
- Subject to discounts and promotions, Products are offered for sale at a fixed price.
- Products may be subject to delivery charges which may be charged by the Vendor
for each Product offered for sale. It may be changed at the discretion of the Vendor.
- Neither we nor the Vendor can be responsible for action by any governmental
authority. We do not know and are not responsible for duties, taxes, delays or
impounding of any item.
- You must pay for the Product in full at the time of ordering by one of the payment
methods we provide on Our Website. You must be fully entitled to use the payment
method or account used for purchases. The payment method or account must have
sufficient funds or credit facilities to cover the purchase. We reserve the right to
obtain validation of your payment details and carry out security checks from time to
- Vendor’s policies
- Vendors from whom you intend to purchase a Product have their own shipping
policies published on their sites. We advise you to read these policies before you
place an order with a Vendor.
- If you wish to return a Product, you need to follow the returns procedure set out on
the Return Policy https://gaminggearshop.com/shipping-return. If you do not do so,
the Vendor may be unable to identify you as the sender of the Products.
- Once the Vendor that they have accepted your return and agree to refund, we will
refund your payment after deducting any applicable fees that the Vendor may
charge to your original payment method.
- How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the
public domain. We have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the
public domain because someone has only to register and log in, to access it. You
should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of
them. You therefore now irrevocably grant us the right and licence to edit, copy,
publish, distribute, translate and otherwise use any Content that you place on Our
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Website, in public domains and in any medium. You represent and warrant that you
are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our
Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to
object to derogatory treatment of your work as provided in the Copyright Act 1968.
Posting content of any sort does not change your ownership of the copyright in it.
We have no claim over it and we will not protect your rights for you.
- You now irrevocably authorise us to publish feedback, comments and ratings about
your activity through Our Website, even though it may be defamatory or critical.
- You understand that you are personally responsible for your breach of someone
else’s intellectual property rights, defamation, or any law, which may occur as a
result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the
public domain and not confidential.
- Restrictions on what you may Post to Our Website
- We invite you to Post Content to Our Website in several ways and for different purposes.
We have to regulate your use of Our Website to protect our business and our staff, to
protect other users of Our Website and to comply with the law. These provisions apply to all
users of Our Website.
- We do not undertake to moderate or check every item Posted, but we do protect our
business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully
with the law enforcement authorities in whatever ways we can.
- You agree that you will not use or allow anyone else to use Our Website to Post Content or
undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to
misrepresent your identity, age or affiliation with any person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or
the terms proposed by this agreement;
- request or collect passwords or other personal information from another user
without his permission, nor Post any unnecessary personal information about
- be used to sell any goods or services or for any other commercial use not intended
by us, for yourself or for any other person;
- include anything other than words (i.e. you will not include any symbols or
photographs) except for a photograph of yourself in your profile in such place as we
- facilitate the provision of unauthorised copies of another person's copyright work;
- send age-inappropriate communications or Content to anyone under the age of 18.
- Your Posting: restricted content
- In connection with the restrictions set out below, we may refuse or edit or remove a Posting
which does not comply with these terms.
- In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information.
- Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes
on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our
Website for any purpose, nor do we assume any responsibility to monitor or police
Internet-related activities. However, we may do so without notice to you and
without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on
Our Website, or contain the same information as that requested in our
form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able.
- after we receive notice of a claim or complaint, we shall investigate so far as
we alone decide.
- we may re-instate the Content about which you have complained or we
- In respect of any complaint made by you or any person on your behalf, whether
using our form of complaint or not, you now irrevocably grant to us a licence to
publish the complaint and all ensuing correspondence and communication, without
- You now agree that if any complaint is made by you frivolously or vexatiously you
will repay us the cost of our investigation including legal fees, if any.
- Security of Our Website
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website,
or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of
the site to be different from what would be seen by a user who accessed the site by
typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content
except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information
available from Our Website, other than as permitted by this agreement or as is
reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website.
- Copyright and other intellectual property rights
- All Content on Our Website, for example page text, graphics, logos, images, audio
clips, digital downloads, data compilations, and software, is the property of either us
or our affiliates or Vendors. It is all protected by international copyright laws.
- You may not copy, or in any way exploit any of the Content, except as is expressly
permitted in these terms and conditions or with our written consent. You should
note that copyright exists in compilations and graphic images, shapes and styles, as
well as in raw text.
- Interruption to the Our Service
- We will use our best endeavours to maintain access to Our Website, but it may be
necessary for us to suspend all or part of Our Website for repairs, maintenance or
other reason. We may do so without telling you first.
- You acknowledge that our Service may also be interrupted for reasons beyond our
- You agree that we are not liable to you for any loss whether foreseeable or not,
arising as a result of interruption to our Service.
- Our disclaimers
- Our Website contains links to other Internet websites. We have neither power nor
control over any such website. You acknowledge and agree that we shall not be
liable in any way for the Content of any such linked website, nor for any loss or
damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect, consequential damages
or any damages whatsoever resulting from loss of use, loss of data or loss of
revenues or profits, whether in an action of contract, negligence or otherwise,
arising out of or in connection with your use of Our Website.
- The Our Website and Services are provided “as is”. We make no representation or
warranty of any kind, express or implied, including, without limitation, any warranty
that either of them will be:
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- So far as concerns a Product you buy through Our Website, we are not liable for:
- any product or service complying with the requirement of any law or being
- the Vendor performing their contract.
- You now expressly release us from any and all claims and liability known and
unknown, arising in any way from a dispute between you and a Vendor.
- You agree to indemnify us against any loss, damage or liability, suffered by us at any time
and arising out of:
- any act, neglect or default of yours in connection with these terms and conditions or
your use of the Services;
- your breach of these terms and condition;
- your failure to comply with any law;
- a contractual claim arising from your use of the Services and purchase of a Product.
- Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to
be void, invalid or unenforceable, then it shall be treated as changed or reduced,
only to the extent minimally necessary to bring it within the laws of that jurisdiction
and to prevent it from being void and it shall be binding in that changed or reduced
form. Subject to that, each provision shall be interpreted as severable and shall not
in any way affect any other of these terms.
- If you are in breach of any term of this agreement, we may:
- terminate your account and refuse access to Our Website;
- remove or edit Content at our discretion;
- file a claim in the appropriate court
- Any obligation in this agreement intended to continue to have effect after
termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate
as a waiver of it nor indicate any intention to reduce that or any other right in the
- When you visit Our Website or send messages to us by email, you are
communicating with us electronically. We communicate with you by e-mail or by
posting notices on Our Website. You agree that all our electronic communications
satisfy any legal requirement that such communications be in writing.
- Any communication to be sent to either of us by the other shall be delivered by
hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last
sent e-mail: within 24 hours if no notice of non-receipt has been received
by the sender.
- We shall not be liable for any failure or delay in our performance of this agreement
which is caused by circumstances beyond our reasonable control, including by
lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act
of God, war, riot, civil commotion, malicious damage, failure of any
telecommunications or computer system, compliance with any law, accident (or by
any damage caused by any of such events).
- The validity, construction and performance of this agreement shall be governed by
the law of New South Wales and both parties hereby submit to the jurisdiction of
the courts of New South Wales.
- We reserve the right to amend these terms and conditions at any time. All
amendments to these terms and conditions will be posted online. However, your
continued use of the Our Website will be deemed to constitute acceptance of the
new terms and conditions.