Jan 17, 2019
Terms and Conditions
Important! Please read these terms and conditions carefully before accessing or using this website.
Your use of this website and the information available on this website is subject to the following terms and conditions:
This site https://www.gamingheads.com/ (Website) is owned by Gaming Heads Limited and is brought to you in conjunction with The IP Factory Limited (we, our or us).
2. ACCEPTANCE OF TERMS & CONDITIONS
2.2 As mentioned above, the Website may also provide rules of participation for certain activities and services including, but not limited to, contests and sweepstakes, award programs (i.e. only applicable to Products purchased from the Website with a unit price greater than $119.99 (not including shipping)), membership clubs and email. The Terms & Condition will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under the Terms & Conditions, including any indemnifications, warranties and limitations of liability.
2.3 Unless the context clearly requires otherwise or we explicitly say so in writing, the term Website includes Material (as defined under the heading Copyright) and Products (as defined under the heading Shopping) as well. If you have any questions in relation to any goods or services provided by us (including those goods and services we have agreed to provide to you) you should Contact Us. You should not rely on the contents on the Website, including but not limited to the information on the Products contained in the Shop webpage of the Website. We have the right to change or discontinue any feature of the Website including the Materials, Products, hours of availability and equipment required for access.
2.4 If you violate any Terms & Conditions your right to use and access the Website automatically terminates.
3. RESTRICTIONS ON USE
You agree not to copy, reproduce, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website in any way all or any part of the material contained on this Website (including the Materials and Products), unless expressly provided for on the Website or expressly authorised in writing by us. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website or Materials. Our Website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the above, our goods and services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services or purchase any goods from the Website.
4.2 As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances.
4.3 We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
For the purposes of the Terms & Conditions the term, Trademark(s) means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by us. All Trademarks are our property or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any licence or rights to use or distribute any Trademarks without our express written agreement or the relevant third party contributor. All other trademarks, product names, and company names or logos used or appearing on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or vice-versa, unless expressly so stated.
We respect the intellectual property of others, and we ask you to do the same. The content of this Website, including all information such as text, graphics, images and other material (Materials), is protected by applicable national and international copyright laws. Unauthorised use of the Materials may violate these laws.
7. RULES OF CONDUCT
7.1 Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You will not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:
7.1.1 be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
7.1.2 affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or business from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
7.1.3 be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
7.1.4 transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
7.1.5 send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
7.1.6 forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
7.1.7 violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or business; gain unauthorized access to the Website, other users' accounts, names, passwords, personal data or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the Terms & Conditions;
7.1.8 modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or business; or
7.1.9 collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior written permission of such other person, firm or business to do so.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the Advertisers) such as our advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with or arising from these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
9.1 We hope you have an easy and enjoyable shopping experience using the Website but need to bring to your attention some important details about:
9.1.1 shopping on the Website (including Payments, Cancellation & Returns (see below)); and
9.1.2 how all goods and services (Products) are offered for sale on the Website.
9.2 Subject to the paragraphs 9.3 and 9.4, to the fullest extent permitted by law, we disclaim all terms, conditions and warranties (implied or express) in relation to the Products or otherwise in connection with the Terms & Conditions. Certain laws imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (Prescribed Terms). Except as provided by the Prescribed Terms
9.2.1 all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in relation to the Products or otherwise in connection with the Terms & Conditions, are expressly excluded , including, but not limited to, any warranty of merchantability or of fitness for a particular purpose; and
9.2.2 we are not liable in any way for any indirect or consequential loss or loss of profit or damage (including loss of data or damage that may reasonably be supposed to have been in the contemplation of the parties as at the date of the Term & Conditions as a probable result of any act or omission (including negligence)) arising out of or in connection with the Products or otherwise in connection with the Terms & Conditions (including, without limitation, loss or damage caused by our negligence, any computer virus transmitted to your computer equipment via your access or use of the Website or any breach of the Terms & Conditions).
9.3 Subject to the paragraph 9.4, if any legislation applicable to the Terms & Conditions implies any term or warranty and also prohibits provisions in an agreement excluding or modifying the application of or exercise of, or liability under, that term or warranty, that term or warranty is deemed to be included in the Terms & Conditions.
9.4 You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product or for a breach of a term or warranty implied by paragraph 9.3 is limited, at our option, to any one or more of the following:
9.4.1 the replacement of the Product or the supply of an equivalent Product;
9.4.2 the repair of the Product;
9.4.3 the payment of the cost of replacing the Product or of acquiring an equivalent Product;
9.4.4 the payment of the cost of having the Product repaired; or
9.4.5 the payment of the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for the Products.
9.5 You agree to release, hold harmless and indemnify us to the maximum extent permitted by law from and against any liability whatever (including, without limitation, from negligence on our part or others) in connection with the Products or otherwise in connection with the Terms & Conditions. The indemnity in this paragraph 9.5 commences on the date you first use or access the Website and survives the completion of the transactions (if any) undertaken on or associated with the Website.
9.6 Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
9.7 Our creation or transmission of an order confirmation does not signify acceptance of your order, nor does it constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you.
9.8 We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Orders for Product placed over US$500.00 may, in our complete discretion, require pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval.
9.9 Unless otherwise agreed in writing, Products on the Website are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies unless notified in writing, and we reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the above restrictions.
9.10 You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Website.
9.11 You are responsible for any and all shipping charges arising from or in connection with your purchase of a Product unless another amount is agreed at the time of your order. The applicable shipping charges will be added to the amount charged to your account for Products purchased on the Website.
9.12 If an order consists of multiple items, they may be shipped separately depending on availability.
9.13 You should ensure that your payment and shipping details are correct at all times, otherwise any additional shipping charges that may be incurred if the Product is incorrectly shipped due to a late cancellation of your order or due to incorrect shipping details will be charged to your account and will not be refunded.
10.1 We will charge your credit card held on your account for your order when the Product becomes available to be shipped to you.
10.2 For orders of Products 'In-Stock', you should expect you account to be charged within 2 working days of placing you order.
10.3 For 'Pre-Order' or 'Back-Order' Products, Products may not become available at all (in the case of 'Back-Order' Products) or may not become available for shipping for many weeks or months after you place your initial order (in the case of 'Pre-Order' Products). If or once (as the case may be) the Product does become available for shipping, we will begin to process your order and charge your order to your credit card on your account. You will generally receive a courtesy email update notifying you that the Product has arrived and is ready to be shipped and a credit card processing alert email, prior to the Product being shipped to you. However, it is your responsibility to check and read your emails, our newsletter and our Website for the availability and shipping date of Products. Please note that cancellation fees will apply to the Flexi-Pay payment option (see paragraphs 11.4 and 11.5 below).
10.4 We may from time to time offer a variety of payment options for Products.
10.5 In addition to the traditional payment option (i.e. you buy a Product and we then ship that Product to you and charge your account for that Product) Flexi-Pay is one example of a payment option that may be available on a Product. Flexi-Pay is a payment schedule that allows you to pay for a Product in a few affordable monthly payments, which will be charged to your credit card on your account at the times specified in the payment schedule. Shipping costs and any applicable taxes will be charged with the last payment and the Product will be shipped to you when we receive your last payment.
11.1 Subject to this paragraph 11, you may cancel your order at anytime prior to shipment.
11.2 If you no longer wish to receive an 'In-Stock' Product order, you must Contact Us as soon as possible and if we have not shipped your order by the time we become aware of your email request we will cancel your order. Please note that 'In-Stock' Products are usually shipped within 1 working day from receiving your order, therefore your item may have already been shipped to you by the time we become aware of you email. If you do not Contact Us in time and your order is shipped, then you will be responsible for any and all shipping fees or package return fees.
11.3 If you no longer wish to receive a 'Pre-Order' or 'Back-Order' order, you must Contact Us as soon as possible. Please note that if you have already received the processing alert email concerning your order notifying you that we will be charging your credit card within 1 working day for your order, you must Contact Us immediately to cancel. If you do not Contact Us in time and your order is shipped, then you will be responsible for any and all shipping fees or package return fees.
11.4 If you no longer wish to receive Product purchased using the payment plan, then due to the increased costs associated with offering the payment plan option to you, we will charge you a cancellation fee of US$20.00/installment for cancellations occurring after each due date for payment of an installment amount under the payment plan. This is in addition to the forfeiture of the Non Refundable Deposit paid for the Product. For example, we will charge you a cancellation fee of US$20.00 for an order cancellation occurring after the due date for payment of your first installment amount under the payment plan for the Product, US$40.00 for an order cancellation occurring after the due date for payment of your second installment amount under the payment plan for the Product, and US$60.00 for an order cancellation occurring after the due date for payment of your third installment amount under the payment plan the Product (i.e. this example is based on a 3 installment payment plan). If your payment plan extends beyond the 3 installment payment plan example given above then the amount payable by you as a cancellation fee will be calculated in the same manner in the example given above but the total amount of the cancellation fee payable will be greater based on the date you cancel your order.
11.5 The cancellation fee will be charged directly to your credit card. By choosing the payment plan option when placing your order, you agree to pay any and all applicable cancellation fees, including the forfeiture of the Non Refundable Deposit. A cancellation fee warning will be displayed to you on the Product's ordering page as well as during the check out procedure.
12.1 All Products offered for sale on the Website are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just Contact Us and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, in obtaining a refund for you.
12.2 We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a site or page through the Website. We are also not responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services that are not obtained directly on the Website.
12.3 If we are required to provide you with a refund for your returned Product, please note that:
12.3.1 we do not refund any difference in exchange rates from the time the credit card on your account has been charged to the time you receive your refund;
12.3.2 we are not responsible to reimburse you for any conversions fees or bank charges you may incur; and
12.3.3 we will not correct, repair, replace or refund the cost of packaging or any associated materials that may come or may have been omitted with the Product.
13. CONTESTS, AUCTIONS AND PROMOTIONS
From time to time, we or our third party service providers, suppliers and Advertisers, may conduct promotions on or through the Website, including, without limitation, auctions, contests and sales promotions (Promotions). Each Promotion may have additional terms and conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of the Terms & Conditions.
14. NO REPRESENTATIONS
14.1 We make no representations about the accuracy, reliability, completeness or timeliness of the information on the Website. The information, Products and Materials may contain inaccuracies or typographical errors or omissions.
14.2 The use of the Website, Products and Materials is at your own risk. Changes are periodically made to the Website and may be made at any time.
15. NO WARRANTIES
The Website, Products and Materials are provided on an 'as is basis' and 'as available basis' without any warranties of any kind. In addition to paragraph 9.2 above, we do not warrant that the Website will operate error free or that the Website and its servers are free of computer viruses and other harmful goods. If your use of the Website or the Materials results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
16. LIMITATION OF LIABILITY
Except as provided by the Prescribed Terms and without limiting the operation of paragraph 9.2.2, we, our subsidiaries, affiliates, any of our successors and assigns, and any of our respective officers, directors, employees, agents, representatives, licensors, Advertisers, third party information and service providers and independent contractors are not liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, loss of good will, or damages) resulting from the use or access of or inability to use and access the Website, Products and the Material.
Without limiting the operation of paragraph 9.5, you agree to defend, indemnify and hold us, our subsidiaries, affiliates, any of our successors and assigns, and any of our respective officers, directors, employees, agents, representatives, licensors, Advertisers, third party information and service providers and independent contractors harmless against any claims, damages, costs, liabilities and expenses (including but not limited to reasonable lawyers' fees) arising out of or related to the Products, your conduct, your use or inability to use the Website, your breach or alleged breach of the Terms & Conditions or of any representation or warranty contained in this document, your unauthorized use of the Materials, or your violation of any rights of another.
18. HYPERLINKS TO THIRD PARTY SITES
18.1 The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Website, on us, our subsidiaries, affiliates, any of our successors and assigns, and any of our respective officers, directors, employees, agents, representatives, licensors, Advertisers, third party information and service providers and independent contractors.
The Terms & Conditions are effective until terminated by us. We may terminate this agreement and block, restrict, disable, suspend or terminate your access to all or part of the Website at any time in our discretion, without prior notice or liability to you. In the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms & Conditions will survive termination.
20. GOVERNING LAW
The Terms & Conditions are governed by and construed in accordance with the laws of Hong Kong (SAR). You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Hong Kong (SAR).
If any provision of the Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect. To the extent of any inconsistency between any additional terms, conditions, rules etc. and these Terms & Conditions these Terms & Conditions prevail unless otherwise expressly stated in writing. All rights not expressly granted are reserved. The Terms & Conditions sets out the entire understanding and agreement between us and you with respect to the subject matter.