Gamehog Terms and Conditions

In these terms and conditions, “Gamehog” “we” “our” and “us” refers to the Gamehog.co.nz business as owned by Hire Stuff Ltd.  “You”, “your”, “user”, “member” and “subscriber” refers to you the subscriber.

Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

By accessing any areas of www.Gamehog.co.nz, you agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms and Conditions").

In order for you to become a member, you must be at least 18 years of age or older. You certify that you are 18 and capable of lawfully entering into this agreement. The parties to this agreement are yourself and Gamehog.

 

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Gamehog reserves the right to reject your submission if we deem it to be in violation of these terms and conditions, or to be an incomplete or illegal submission.

 

Subscription Fees

 

You are responsible for paying periodic subscription fees.

Subscription fees are charged one month in advance. 

Subscription fees are non-refundable.

Provided a user’s subscription is paid on time then no late fees or postage fees will be incurred.

Additional charges may be incurred if a game is lost or damaged. See Lost and Damaged section for details.

Subscription fees are automatically renewed, and therefore automatically credit card debited, at the end of the original term selected, for a like period of time.

Fees will be suspended if notice is received from the Subscriber at least seven (7) days prior to their renewal date and all games are returned 72 hours prior to renewal date.

 

Changing Subscription Plans

 

A subscriber may change plans at any time.

Upgrades in plans will only result in billing the difference of the plans.

Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited.

Future billing cycles will be billed at the new rate.

A subscriber may only change plans once every 24 hours.

 

Special Offers and Invitations

 

Invitations and special offers are available only for first-time Gamehog customers, unless stated otherwise on the offer.

Each promotion code is limited to one per household and cannot be combined with any other offer(s).

Offers are valid only within New Zealand, are not transferable and are void where taxed or otherwise prohibited by law.

Once redeemed, all promotional offers are final and are not eligible for refund or return.

 

Cancellation

 

Members may cancel this agreement at any time by–

• Returning all games to Gamehog and informing Gamehog that they wish to cancel.
• Members must inform Gamehog of their wish to cancel by either clicking the “Cancel or Suspend” option on their Gamehog membership web page. Or by emailing their intention to admin@gamehog.co.nz and using the word “Cancellation” in their subject line.
• Membership will be only cancelled or suspended when all games are returned and cancellation has been notified. Members must meet these conditions 48 hours prior to their renewal date otherwise they may be charged for the next subscription period.

 

Cancellation by Gamehog-

• Gamehog may terminate User access, or suspend any User's access to all or part of Gamehog, without notice, for any conduct that Gamehog, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or Gamehog.

 

Refunds

 

Upon cancellation of a subscription part period subscription fees are non refundable.

If you have been charged for an unreturned game and you wish to receive a credit, you must have an active and current account with us and the game must be returned in playable condition via New Zealand Post registered mail within 30 days of the date of the sale.

 

Games Lost in the Mail

Your membership page shows the games that Gamehog have sent you under the “games that I’m playing” section. After you have returned a game the item is removed from this section. If you return a game but it is not removed from this section after 4 days you will contact us at admin@gamehog.co.nz so we can confirm that the game has gone astray.

When we send you a game we will email you to say it is on its way. You can also see this status from your membership page. If the game does not arrive within 4 days please email us at admin@gamehog.co.nz so we can confirm that the game is missing and start a postal investigation if necessary.

Where you or Gamehog suspect the item has been lost in the post and you were the sender you agree to report the loss to NZPOST and to assist in any investigation. This is necessary as only the sender of an item can launch a postal inquiry. Failure to do so may result in us charging you for the lost item.

You can contact NZPOST on 0800 501 501. You should explain the circumstances and ask to start a Postal Inquiry. NZPOST will provide you with a case reference number. You agree to provide this to Gamehog and to permit Gamehog to discuss the matter with NZPOST.

Please email your NZPOST reference number to admin@gamehog.co.nz and include your membership email details as well as the game you are reporting missing.

 

Lost, unreturned or damaged games.

 

You agree to allow us to charge your credit card for the current retail price of a game in the following situations:

 

If you have not returned a game to us within 7 days of notifying us that you wish to cancel your free trial or paid membership

If you have not returned an unplayable game to us within 7 days of reporting it to us as unplayable.

If you have lost a game and reported it to us as lost

If you have damaged a game (whether or not you reported it to us as damaged).

 

If we charge your credit card for an unreturned game and you wish to receive a refund, you must have an active and current account with us and the game must be returned in playable condition via New Zealand Post within 30 days of the date of the sale. Items should be sent to

 

Gamehog

PO Box 304062
Hauraki Corner
North Shore City 0750

If the number of lost and/or damaged games on your account becomes excessive, we may place your account on hold or terminate your membership.

 

Declined Credit or Debit Cards

 

We will attempt to charge your registered credit card each month on the anniversary of your joining. This date and your billing history can be viewed on your membership page.

 

You will be emailed each time that Gamehog attempts to bill your credit card. The email will state the amount billed and let you know if the charge was successful or if it failed. Where payment fails we will attempt to charge you again the following day. You may update your credit card details on your membership web page at any time.

 

If subscription payment has not been received by the 3rd day after the stipulated due date, due to a declined credit or debit card, we reserve the right to levy a Insufficient Funds charge of $3.00 per occurrence.

 

No new games can be sent out until payment clears. Your membership will be suspended.

 

If payment does not clear within 7 days of the due date and you have not contacted us we will bill you the recommended retail price of any games that you have not returned to us.

 

Where Gamehog is unable to collect a debt for more than 30 days, the debt will be turned over to a collection agency for further action. Further action may include but is not limited to: recovering the debt, reporting negative activity to credit agencies, accumulation of collection fees, registering a default against you and legal fees. You agree to be liable for all reasonable costs we incur in pursuit of your debt.

 

 

Copyrights, disclaimer, trademarks and other legal stuff.

 

DISCLAIMERS

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

 

LIMITATION OF LIABILITY

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

 

MISCELLANEOUS

All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©-2010, Gamehog. All rights reserved. Any other use of materials on this web site-including reproduction for purposes of modification, distribution, or republication without the prior written permission of Gamehog is strictly prohibited. Gamehog, www.Gamehog.co.nz, The Gamehog design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Gamehog. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Gamehog is providing this site and its contents “as is” and makes no representation or warranties of any kind with respect to the site or its contents.  In so far as New Zealand law permits Gamehog or its owners  shall in no event be liable for any special, incidental, indirect or consequential damages of any kind or any damages resulting from loss of use, data or income , whether or not advised of the possibility of damage arising out of or in connection with the use or performance of this website or its contents.  User acknowledges that www.Gamehog.co.nz contains information, data, software, photographs, graphs, digital video discs, video compact discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under New Zealand Copyright laws and Gamehog owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

 

Our web site contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Gamehog site or any action being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Gamehog by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of Gamehog or the appropriate third party.

 

Gamehog is a distributor and not a publisher of Content supplied by third parties and Users. Gamehog has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of www.Gamehog.co.nz are those of the respective authors or distributors and not of Gamehog or its affiliates, or any of their respective officers, directors, employees or agents. Neither Gamehog or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of Gamehog guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Gamehog represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with Gamehog. Gamehog neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.Gamehog.co.nz by anyone other than authorized Gamehog employees. Under no circumstances shall Gamehog or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through www.Gamehog.co.nz . It is the responsibility of the User to evaluate the information, opinion, advice, or other Content available through Gamehog.

 

Gamehog may elect to electronically monitor the User submit areas and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to operate www.Gamehog.co.nz, or (iii) to protect the rights or property of Gamehog, its Users, Sponsors, Providers, Licensors or Merchants.

Gamehog is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, Gamehog may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.Gamehog.co.nz.

 

Gamehog reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual Users, Gamehog, the communities which make up Gamehog, or any rights of Gamehog or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Gamehog nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Gamehog or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.Gamehog.co.nz.

Users may not use Gamehog to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.

 

The user agrees to be personally liable and fully indemnify Gamehog for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from www.Gamehog.co.nz , alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from www.Gamehog.co.nz, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

 

JURISDICTION

These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.