Terms of service

This website (the Site) is operated by Games4 ("we", "our", or "us").

1. Consent and Variations

  • Consent: By accessing, browsing, or using our Site, you agree to comply with and be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Site.

  • Variations: We reserve the right to amend these Terms at any time by publishing updated terms on the Site. Your continued use of the Site following any changes constitutes acceptance of the amended Terms. Information and materials on the Site are subject to change without notice.

2. Licence to Use the Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, and non-transferable licence to access and use the Site solely in accordance with these Terms. All other rights are reserved. You are prohibited from using the Site or its contents in any manner that directly competes with our business.

3. Prohibited Conduct

You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, or which would bring us into disrepute, including but not limited to:

  • Breaching an individual’s privacy or harvesting personal details without consent;

  • Using the Site to harass, defame, menace, discriminate against, or offend any person;

  • Interfering with or disrupting other users' access to the Site;

  • Tampering with, hacking, modifying, or knowingly transmitting viruses, Trojan horses, or malicious disabling routines into our Site;

  • Sending unsolicited advertising, spam, or promotional material; or

  • Facilitating or assisting any third party to perform any of the above.

4. Intellectual Property Rights

Unless otherwise indicated, Games4 owns or licenses all right, title, and interest (including copyright, trademarks, design rights, and trade dress) in the Site, its layout, and all content (including text, images, logos, graphics, instructional material, and game pack guides).

Your use of the Site does not grant or transfer any intellectual property rights to you. You must not:

  • Copy, scrape, reproduce, adapt, or distribute any Site content without our prior written consent;

  • Commercialise, republish, broadcast, or circulate Site content to any third party; or

  • Frame, embed, or alter any part of the Site on any other domain or platform.

5. User-Submitted Content

If you submit, post, or upload reviews, comments, suggestions, or images to the Site ("User Content"), you grant Games4 a worldwide, irrevocable, perpetual, royalty-free, transferable licence to use, display, reproduce, modify, and publish that User Content in connection with our operations.

You warrant that:

  • You own or hold the necessary licences and rights to provide the User Content; and

  • The User Content does not infringe upon the intellectual property or privacy rights of any third party.

We reserve the right to monitor, edit, or remove any User Content at our absolute discretion.

6. Third-Party Links

Our Site may link to external websites or third-party services. We have no control over, and do not sponsor, endorse, or accept responsibility for, the content, goods, or services offered on external websites. You access third-party websites entirely at your own risk.

7. Australian Consumer Law & Statutory Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer rights, guarantees, warranties, or remedies conferred by the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot be lawfully excluded.

Subject to your rights under the ACL:

  • The Site and its content are provided on an "as is" and "as available" basis for general informational and purchasing purposes;

  • We do not warrant that the Site will be uninterrupted, error-free, secure, or free from malicious software; and

  • To the maximum extent permitted by law, our liability for failure to comply with a consumer guarantee is limited, at our option, to the replacement of the goods, repair of the goods, or refund of the purchase price.

8. Limitation of Liability

To the maximum extent permitted by law, Games4, its directors, officers, employees, and agents are not liable for any direct, indirect, incidental, special, or consequential loss or damage (including loss of profits, loss of data, business interruption, or educational downtime) arising out of or in connection with:

  • Your use of, or inability to use, the Site;

  • Any technical faults, outages, or transmission failures; or

  • Any errors, inaccuracies, or out-of-date information contained on the Site.

9. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Games4 and its personnel from and against any claims, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

  • Your access to or use of the Site;

  • Your breach of these Terms of Use; or

  • Your violation of any third-party rights or applicable laws.

This indemnity is an ongoing obligation independent of other provisions and survives termination of these Terms.

10. Dispute Resolution

In the event of a dispute arising out of these Terms:

  1. The party claiming a dispute must provide written notice detailing the issue to the other party.

  2. The parties must attempt in good faith to resolve the dispute through discussions between their authorized representatives within 14 days of receiving notice.

  3. If the dispute is not resolved within 28 days of the initial notice, either party may commence mediation or formal legal proceedings.

11. Severance, Governing Law, and Jurisdiction

  • Severance: If any provision of these Terms is found to be void, illegal, or unenforceable, it must be read down to the minimum extent necessary to make it valid. If not possible, that provision will be severed without affecting the validity of the remaining terms.

  • Governing Law & Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.