Terms of Service

This Agreement is made and entered into by the person registering to use this service (the "Buyer") and and Even Toys and Games, proprietor of the www.eventoysandgames.com.au web site and hereafter referred to as the Vendor. Buyer and Vendor shall be referred to herein individually as a "Party" or collectively as the "Parties" who agree as follows: 

Grant of Rights. Vendor grants to the Buyer the non-exclusive right to purchase items online subject to the terms of this Agreement.

New and Discontinued Products. Vendor agrees to notify the Buyer of new Products and maintain that the latest versions are available.

Reviews. Listing of all game reviews is by the final discretion of the Vendor.

Termination. This Agreement will continue in effect from the time of this online registration by the Buyer and such time as written notice is given by either Party to terminate, such termination being effective within thirty (30) days of said notice and the date of service being after a minimum three (3) month active period.

Assignment. This Agreement may not be assigned by either Party without the express written approval of the other party.

Notices. All notices and demands hereunder shall be in writing and shall be served on the receiving Party via certified or registered mail, return receipt requested email or by nationally-recognized private express courier, and shall be deemed complete upon receipt.

Governing Law. This Agreement shall be governed by and construed according to the State and Commonwealth laws of Queensland in Australia.

Relationship of the Parties. Each Party is acting as an independent contractor and not as an agent, partner, or joint venture with the other Party for any purpose.

Survival of Certain Provisions. The indemnification, confidentiality, and payment obligations set forth in the Agreement shall survive the termination of the Agreement by either Party for any reason.

Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the relevant arbitration laws of Queensland in Australia, and shall be held within 30 miles of Vendor's warehouse. Any arbitration proceeding and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In any legal action between the Parties hereto concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys fees and costs.

Intellectual Property Rights. Vendor agrees that the Products provided hereunder, and any copies thereof, in whole or in part, are new merchandise as provided by the manufacturer.

Privacy. Vendor collects your information in order to record, support and facilitate your participation in the activities you select and to prevent fraud and unlawful use. If you subscribe to or register for example, the information is used to register your rights, if any, to online purchases, product reviews or other benefits that may be made available to registered users.

Confidentiality. Each Party will treat all information received or gained from the other Party in confidence. Only by written agreement between the Parties can information about any aspect of the agreements, relationships, products, plans or details of the other Party’s business be divulged to a third party unless it is lawfully required to be disclosed by any governmental agency or otherwise required to be disclosed by law.

Vendor’s Representations and Warranties. Vendor represents and warrants that it owns, or has valid and current distribution licenses to the Products and all components, and that no provision of this Agreement violates any prior agreements between Vendor and any third parties and that this Agreement has been duly authorized, executed and delivered by Vendor and constitutes a legal, valid and binding obligation of Vendor enforceable against Vendor according with its terms, that the Vendor owns or has administration rights to title and interest in and to the trademarks and intellectual property to be provided to Vendor and included in the Products and the packaging of the Products, (v) Vendor has obtained any applicable export licenses for the Products which are required under  any other applicable law.

Vendor’s Representations and Warranties. Vendor represents and warrants that it has the right and authority to enter into this Agreement and to perform its obligations hereunder.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.