Game Retail Limited, a company registered in England and Wales with registered number 07837246 and with its registered office at Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ (“GAME”) operates “GAME Wallet”, a virtual electronic wallet that facilitates payment by GAME Wallet holders for certain purchases which are made either:
(i) on-line from selected on-line retailers of gaming hardware, software and accessories;
(ii) on-line from the on-line GAME Store; or
(iii) in person from physical GAME high street stores
These Terms and Conditions will govern any use you make of GAME Wallet. We reserve the right to update the Terms and Conditions at any time. When we do so, we will provide access to the new Terms and Conditions here and provide you a message through your Game Wallet account. The new Terms and Conditions will take effect immediately.
“Arena Time” means pre-paid credits that can be used to purchase playing time at a BELONG by GAME arena with the credits and which stored in your GAME Wallet.
"Business Day" means a day other than a Saturday, Sunday or public holiday on which the clearing banks are open for business in London.
“Conditions” means these terms and conditions as may be amended by GAME from time to time and the current version of which at any time will be found at https://www.gamewallet.co.uk/user/tcs
“E-Gift Card” means an electronic gift card stored in your Game Wallet.
“Federated ID” allows you to use your Facebook, Google, Microsoft, Steam or Twitter account to access a number of systems. Federated ID providers acceptable for access to your GAME Wallet are listed below in Appendix 1. Additional Federated ID’s will be added in the future. If you do not have an acceptable Federated ID you can get one without charge by following the links below in Appendix 1.
“Force Majeure Event” means, in respect of any party, any event or occurrence outside the control of that party and which could not reasonably have been anticipated and avoided;
“Game App” means the mobile application operated by Game including, amongst other things, the functionality to manage your Game Wallet account;
“GAME Group” means GAME and / or each and any of its affiliates;
"Intellectual Property Rights" means all intellectual property rights in any part of the world including without limitation patents (including supplementary protection certificates), database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), rights in business and trade names, rights in domain names, rights in confidential information and know-how, and all other similar rights, together with the right to apply for the protection of any such rights and “Intellectual Property” shall be interpreted accordingly as being any property over which such rights exist;
“Merchant” means a retailer who has agreed to accept GAME Wallet as a means of payment. Detail of participating Merchants can be found in the GAME Wallet homepage.
“Personal Data” means data about a living individual from which that individual can be identified, as defined in the Data Protection Act 1998;
“Top-Up” means adding additional value to your E-Gift Card stored in your Game Wallet;
2.1 To register for a GAME Wallet account, you must create a GAME Account – see http://user.gamewallet.co.uk for details.
2.2 Once registered you can log-in to your GAME Wallet account using your GAME Account credentials (which may be via your Facebook, Google, Microsoft Steam or Twitter account).
2.3 You must protect your log-in details carefully. Any use made of your GAME Wallet account using your user name and password, or your Facebook, Google, Microsoft, Steam or Twitter ID will be regarded as use by you personally. You must not therefore disclose your log-in details to any other person or record it any form accessible by others. If you believe that your log-in details have been compromised or disclosed you must change them immediately for your own protection and inform your provider.
2.4 At the end of any session in which you have accessed your GAME Wallet you must log-out for your own security.
2.5 GAME may suspend access to or disable your GAME Wallet account if it has reason to believe that it has been used in or has been associated with any fraud or attempted fraud or if it believes that your Facebook, Google, Microsoft, Steam or Twitter account has been compromised.
3.1 Funds may become available in your GAME Wallet from the following sources:
(i) GAME Gift Cards which you can add from the Manage button in Your Game Wallet Funds section. The terms and conditions applicable to Game Gift Cards continue to apply to such gift cards despite being added to your Wallet.
(ii) GAME Reward Card points which will be converted at a rate of 1 point for every £0.25 spent and added to your GAME Wallet.
(iii) E-Gift Card Top-Ups bought by you either online, using a credit card or debit card or in-store using a credit card or debit card or cash. The balance on an E-Gift Card cannot be exchanged or refunded for cash or gift vouchers in any format. The minimum E-Gift Card Top Up within game a transaction is £1.50 and the minimum E-Gift Card Top Up within the Game Wallet user interface is £2.00. The maximum value which can be placed on a E-Gift Card is £500.
3.2 Spend from your GAME Wallet will be applied in the following order of precedence:
(i) The value arising from gift cards will be applied first;
(ii) Value derived from Reward Points will be applied next.
3.3 You cannot use your GAME Wallet to buy any items where the value of the transaction exceeds the total value held in your GAME Wallet. Except in GAME store’s where part payment can be made towards a purchase using your Game Wallet. Your GAME Wallet cannot have a negative balance and no credit will be extended to your Wallet in any circumstances.
3.4 New Reward points will be awarded and applied to your GAME Wallet for purchases made to the extent that those purchases are paid for using gift card or top up balances from your GAME Wallet. New Reward points will not however be awarded against payments made using Reward points.
3.5 GAME may set a maximum transaction value on your GAME Wallet. This relates to the maximum amount that can be spent from your GAME Wallet in any single transaction (subject to Condition 3.3 above).
4.1 Arena Time credits may only be used to purchase play time in a Belong Arena. Arena Time credits may only be used to pay for playing time on individual stations in the arena and may not be used to pay for hire of the entire arena (including but not limited to hire of the arena for a party).
4.2 The number and value of the Arena Time credits you own will be displayed as a separate part of your GAME Wallet contents when viewed via the GAME App or website.
4.3 Arena Time Funds may be added to your GAME Wallet from the following sources:
(i) You buying Arena Time credits in-store using any of the methods we usually accept in-store;
(ii) You buying Arena Time credits via the Game Wallet website using any of the methods we usually accept online; or
(iii) Us, at our discretion, crediting Arena Time to your account .
4.4 Arena Time credits may only be used to purchase playing time in a Belong Arena. Arena Time cannot be used to purchase any other products or services unless we specify otherwise. When you use Arena Time credits they will be spent in the following order:
(i) Purchased credits in order of expiry (from nearest to furthest from the expiry date); and
(ii) Credits that we have credited to your accounts in order of expiry (from nearest to furthest from the expiry date).
(iii) Credits are non-refundable and cannot be exchanged for cash or cash-alternatives once purchased
Different expiry dates may apply to different Arena Time credits – please refer to the GAME App, the GAME Wallet website or ask staff for details.
4.5 Arena Time can be used where the value of the transaction exceeds the total value held in the Arena Time part of your GAME Wallet, and any sum owed in excess of the value of your Arena Time must be paid for using an alternative payment type. Your Arena Time cannot have a negative balance.
4.6 You will not earn GAME Reward points when you purchase Arena Time credits, but GAME Reward points will be credited at the usual rate (based on the monetary value of the transaction) when Arena Time credits are used to purchase playing time.
4.7 Please refer to our website or ask staff for details to see the cost of purchasing Arena Time credits in different quantities.
5.1 These Conditions govern the relationship between you and GAME when you use your GAME Wallet. They relate to the provision and operation of your GAME Wallet account.
5.2 GAME may suspend or terminate your GAME Wallet account at any time if it reasonably believes that you are in breach of these Conditions.
5.3 When you use your GAME Wallet to pay for items bought from a Merchant GAME’s role is only to provide facilitation of the payment process and GAME is not a party to the agreement that you establish with the Merchant for the sale and purchase of the item.
5.4 Any dispute that may arise regarding items purchased using GAME Wallet are between you and the Merchant as they would be if payment had been made in cash and GAME is not a party to the agreement for sale and purchase. The responsibility for compliance with and enforcement of all obligations under such agreements of sale and purchase is with you and the Merchant.
5.5 If you have a dispute with a Merchant, you absolve GAME and all other members of the GAME Group, as well as our employees, directors, officers, representatives, agents and contractors, from all claims, demands and damages (whether direct or consequential, actual or contingent) whatsoever, arising out of or in any way connected with such dispute.
6.1 Game Wallet account holders can terminate their account on written notice to GAME at any time.
6.2 On termination of your Game Wallet account balances arising from gift cards will continue to be available to you in accordance with the gift card terms and conditions. Gift cards expire 24 months from date of issue, funds not used upon expiration will be lost.
6.3 If you hold a Reward card then Reward Points held by you at time of termination will be returned to your Reward Card. If however you do not hold a Reward Card reward points held in your Wallet will expire and be lost. Reward cards expire 18 months from date of issue, points not used upon expiration will be lost.
Any delay or failure by us to enforce any of the provisions of these Conditions does not imply waiver by us of the right of enforcement and we reserve all such rights of enforcement.
If any term of these Conditions or the contract arising from your acceptance is deemed invalid, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
You may not assign, novate or otherwise transfer, the contract created by your acceptance of these Conditions or any rights or obligations thereunder without our prior written permission. We may assign, transfer or otherwise transfer our rights and obligations to another member of the GAME Group or to any acquirer of any substantial part of the GAME business or the assets of GAME.
7.4 No Warranties
We make no warranties that access to your GAME Wallet will be uninterrupted or without error or that the specification and quality of any item that you buy using it will meet your expectations. We may temporarily suspend access to GAME Wallet for maintenance and development purposes.
7.5 Limitation of liability. YOUR ATTENTION IS DRAWN TO THIS CONDITION 6.5
You understand and you agree that we (including all members of GAME Group, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any:
(i) loss of profits (whether direct or indirect);
(ii) loss of data;
(iii) loss of opportunity;
(iv) loss of anticipated savings; or
(v) any indirect, incidental, special or consequential damages;
arising out of or in connection with these Conditions, your use of or inability to use GAME Wallet or the purchase of any item using GAME Wallet.
Our aggregate liability for any other damages of any kind arising out of or in connection with these Conditions and the contract between you and us that arises on your registration will not exceed at any time the total amounts during the prior 6 (six) month period paid by you to us pursuant to this contract. In assessing that figure sums paid by you for purchases made using GAME Wallet are excluded.
Nothing in these Terms and Conditions seeks to or shall have the effect of limiting or excluding our or your liability for fraudulent misrepresentation, for death or personal injury resulting from our or your negligence or the negligence of our or your agents or employees or for any other liability that cannot be limited or excluded by law.
Where you act as a consumer and not in the course of a business nothing in this Condition 7.5 has the intention or effect of limiting your statutory rights.
7.6 Relationship of Parties
Nothing in these Conditions will be construed as creating a partnership, joint venture, agency, franchise, sales representative agreement or employment relationship between you and us and the relationship between you and us is one of independent persons.
We will send notices and other communications to you at the e-mail address you have provided in respect of your Federated ID. You must send all notices and other communications to us at our registered address above. Any notices sent by e-mail will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post will be deemed to have been received on the next Business Day.
7.8 Intellectual Property
All Intellectual Property in GAME Wallet and the software and technology that supports it is the property of GAME or its licensors and registration and use do not give you any rights to that intellectual property other than the licence to use the functionality of GAME Wallet for the purposes anticipated hereunder.
7.9 Force Majeure
We will not be liable for any delay or failure to perform any of our obligations where we are prevented or delayed by factors beyond our reasonable control including but not limited to any failure or disruption of internet services or connectivity, any scheduled or unscheduled maintenance requirements, failure or disruption of public utilities, fire flood or storm, industrial disputes or any Force Majeure Event.
7.10 Surviving Provisions
All provisions in these Terms and Conditions, that by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract created by your acceptance.
7.11 Third Party Rights
These Conditions once accepted by you at time of registration (and as may be amended from time to time) constitute a legal contract between you and GAME. A person who is not a party to such contract has no right to enforce these terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
7.12 Governing Law and Jurisdiction
These Conditions and the contract established by your acceptance of them shall be construed in accordance with and governed by the laws of England and Wales and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7.13 Conflict of Terms
In the event there is a conflict between the GAME Wallet Terms and Conditions and the GAME Reward Terms and Conditions, the Game Wallet Terms and Conditions will prevail.
List of Approved Federated IDs
1. Account Holders are responsible for the security of their GAME Reward cards and credentials and for any points earned or redeemed ('spent') using them. If a GAME Reward card or other credentials are lost, stolen, or damaged or a person has gained unauthorised access to the Account Holder's GAME Reward details or account, the Account Holder should notify GAME immediately, either online at www.game.co.uk/contact-us or through one of the team at a GAME store, so that appropriate security measures can be taken and, where appropriate, a new card or new credentials can be issued
2. Account Holders earn GAME Reward points on purchases in GAME stores or online. To earn points in a GAME store, the Account Holder must present their GAME Reward card or credentials to a member of the GAME sales team at the till at the beginning of the transaction. To earn points online, you must link your online GAME account with your GAME Reward account. To link your accounts, login to your GAME account at www.game.co.uk and follow the instructions in the ' My Account ' section. Your GAME Reward account must be registered with a UK post code in order to link your accounts. Account Holders can only link one GAME Reward account to each GAME account. Once your GAME Reward account is linked to your GAME account points are automatically credited to your GAME Reward account when you complete a qualifying purchase after logging in.
3. GAME Reward points will only be added at the time of purchase and cannot be added at a later date. It usually takes up to 24 hours for points to be available in your GAME Reward account. GAME Reward points cannot be earned on purchases made prior to joining the GAME Reward programme.
4. Points are awarded on every purchase over £1.00, except on the purchase of gift vouchers and mobile game downloads. Points can be earned on downloads from a date to be notified to Account Holders (by notices in store and at www.game.co.uk.) Other products may be included or excluded from time to time at the discretion of GAME.
5. GAME reserves the right to vary the rate at which GAME Reward points are earned (including offering bonus points from time to time) on providing 14 days' notice. Notice is properly given if we post details of any changes at www.game.co.uk and in store.
6. Account Holders can redeem GAME Reward points against purchases in GAME stores or online at the rate of £1.00 per 400 points. The minimum redemption is 400 points or £1.00 against a purchase but any number of points above 400 can be redeemed pro-rata. No change or credit will be given for any overpayment using points. GAME reserves the right to vary the number of points required to be redeemed against a purchase or to exclude certain products from the GAME Reward programme.
7. Points cannot be redeemed until registered on an Account Holder's GAME Reward account. Note that as stated above, it takes around 24 hours for points earned to register.
8. To redeem points against an intended purchase in a GAME store, the Account Holder must present their GAME Reward card or credentials to a member of the GAME sales team at the till at the beginning of the transaction. To redeem points against intended purchases online at www.game.co.uk, login to your account and select the option to pay by redeeming points at the appropriate point during the payment process.
9. GAME Reward points have no cash redemption value. GAME Reward points are for Account Holder's personal use and cannot be exchanged, sold or transferred to another Account Holder's account. GAME Reward points can only be redeemed in the country in which the GAME Reward account is registered.
10. If a transaction on which points are earned or redeemed is cancelled or reversed or a product is returned (in accordance with GAME's Returns Policy) GAME will reverse the associated points earned or redeemed. Account Holders must present their GAME Reward card or credentials to a member of the GAME sales team when they require a refund so that points awarded can be debited from the GAME Reward account for the product being returned.
11. It is the responsibility of the Account Holder to notify GAME of any change to or error in their contact details. Details can be updated either at a GAME store or online. GAME reserves the right to suspend a GAME Reward account if an Account Holder's contact details are incomplete or inaccurate.