Terms & Conditions
- 'EB Games' means Electronics Boutique Australia Pty Ltd (ABN 50 077 681 442), and includes all subsidiaries thereof, including EB Games, Zing Pop Culture, and EB World.
- 'Product(s)' means all goods sold through EB Games and Zing Pop Culture.
- 'Preorder' means the ability to place an order for hardware, software, or accessories from EB Games and Zing Pop Culture before the official release date of that product, with payment made in full or in part.
- 'Membership Account' means an account created for, and assigned to, each individual Member upon completing their registration to EB World, whether completed instore, online via the EB Games or Zing Pop Culture Website.
- 'EB World Profile' means a Member's online profile as accessed through their EB World Membership Account, via the EB Games or Zing Pop Culture Website.
- 'Membership Benefits' means the benefits set out in clause 6.
- 'Carrots' means "points" earned by Members in various ways as set out in clause 5.
- 'Member-Only Offers' means offers made available exclusively to EB World Members by EB Games or Zing Pop Culture from time to time.
- 'Receipt-Free Shopping' means the electronic storage of transaction receipts against a Member account, to allow for the retrieval of transaction details without the need for a printed proof of purchase receipt. Electronic receipts are made available to Members 1-2 days after the original transaction. Where a Member wishes to address an issue on day of purchase, a proof of purchase receipt much be furnished by the Member.
- 'Satisfaction Returns Period' means the time period during which a Member is entitled to return a Product to an EB Games or Zing Pop Culture Store for a full refund on purchase value or store credit, in accordance with the original method of payment. The Product must be returned in full, and in as-new condition. The Satisfaction Return entitlement excludes any Product with an online activation code and/or DLC content, as well as EB Games or Zing Pop Culture gift cards and POSA cards. The stated exclusion does not affect Members' statutory rights.
- 'Birthday Offer' means an offer from EB Games or Zing Pop Culture to a Member upon the date of that Member's birthday, as provided by the Member through their EB World Profile.
- 'Bonus Trade Credit' means the percentage by which EB Games will increase the trade credit value for Members trading in Preowned games and consoles.
- 'Level Up Bonus' means an offer from EB Games or Zing Pop Culture to a Member when that Member has reached the required Carrot balance threshold to progress to the next numbered tier of Member Benefits, as set out in clause 6.
- 'Extra Trade Credit Gift' means the amount of credit to be added to the total trade value of a Member's trade transaction.
- 'Early Preorder Notification' means a specified timeframe within which Members may be provided knowledge of selected preorder opportunities or other associated product information before non-Members, or lower-Level Members.
- 'Early Sales Events Notification' means a specified timeframe within which Members may be provided knowledge of selected sales events or other associated information before non-Members, or lower-Level Members.
- 'Preorder Hold' means the post-release time period within which a Member's Preorder product will be held available instore.
- 'VIP Event Privileges' means an invitation offered to certain Members from time to time by EB Games to: purchase tickets to, or attend, Events hosted by EB Games, Zing Pop Culture or third parties, as well as early access to EB Expo ticket sales; take part in selected Beta-testing events provided by game developers and publishers; and to take priority of entry over non-Members at selected EB Games or Zing Pop Culture Product launches.
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- Membership of EB World is open only to natural persons who are Australian residents.
- Each application for Membership of EB World is subject to acceptance by EB Games or Zing Pop Culture at its absolute discretion.
- Persons under the age of 18 are welcome to join, however they will require a guardian to provide an acceptable form of identification to access certain features of the EB World program, and some services provided by EB Games or Zing Pop Culture.
Membership Card and Account
- Successful applicants applying instore will be provided with an account number and a physical Membership card with a bar code to correspond with their EB World Membership Account ("Membership Card").
- Successful applicants applying online via the EB Games or Zing Pop Culture website will be provided with a Membership card with a bar code to correspond with their EB World Membership Account ("Membership Card") at their next instore transaction.
- "Members can access their Membership Account via the EB Games or Zing Pop Culture website to check their level of Membership and number of Carrots earned.
- To earn Carrots when completing a transaction at an EB Games or Zing Pop Culture Store, members must present their Membership Card.
- EB World Membership Cards remain the property of EB Games and Zing Pop Culture at all times. The Membership Card is not a payment card.
- The Membership Card is for use only by the Member and is not transferable.
- Carrots have no cash value and are not redeemable for any cash or Product. Carrots are non-transferable.
- In order to replace a damaged/lost/stolen Membership Card, a Member must visit an EB Games or Zing Pop Culture Store.
Member Obligations and Responsibilities
- Each Member may have only one EB World account.
- Each Member must advise EB Games or Zing Pop Culture of any change of name, email address, or other details as soon as practicable after the change. Changes to the email address may be made directly through the Member's EB World Profile, by asking EB Games or Zing Pop Culture store staff, or by calling Customer Service. Changes to other details may be made directly through the Member's EB World Profile, or by calling Customer Service.
- act in a way that breaches this Agreement;
- abuse or misuse the EB World Membership or any Membership Benefits;
- engage in illegal or fraudulent activities;
- supply or attempt to supply false or misleading information, or make a misrepresentation to EB Games or Zing Pop Culture; or
- sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Carrots or any other Membership Benefits.
- EB World Members must not engage in profane, offensive or infringing conduct when using EB World. This specifically includes the Member’s choice of public Nickname.
- The EB Games "Fair Use Policy" applies to EB World Membership Accounts. Actions which are found to be in breach of this Policy include, but are not limited to, where a Member's use of EB Games or Zing Pop Culture services is reasonably considered by EB Games or Zing Pop Culture to be fraudulent or to adversely affect the EB Games or Zing Pop Culture business, including, but not limited to the overuse/abuse of the Satisfaction Returns Policy, and buying and selling Products for commercial gain.
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3. Suspension or Termination of Membership or EB World
If a Member commits a material breach of any part of this Agreement, EB Games or Zing Pop Culture may, without notice, take any one or more of the following actions:
- suspend or terminate the Member's Membership and/or the right of the Member to use the Membership Card;
- deduct or cancel the Member's Carrots or any part thereof;
- demote a Member to a lower Membership Level; or
- cancel or refuse to honour any Membership Benefits that have been redeemed by or otherwise provided to the Member.
- If a Member does not make a purchase with EB Games or Zing Pop Culture within a 12 month period from their last purchase, EB Games or Zing Pop Culture reserves the right to expire a Member’s Carrots, resetting the Member’s Carrot balance to zero, as well as demoting the Member to Level 1 Membership.
- If an EB World account has had no activity within a 24 month period from their last purchase, EB Games or Zing Pop Culture reserves the right to close and deactivate the account. The transaction history and other information recorded against this account will no longer be available to the Member.
- If a Member uses profane or offensive language or meanings, as evaluated by EB Games or Zing Pop Culture, within their public Nickname, their Nickname may be reset, and/or their account may be suspended or closed.
- If an EB World account is suspected of fraudulent transactions, EB Games or Zing Pop Culture may, at its discretion, suspend or otherwise limit access to the account until the issue has been resolved.
- Suspension or closure of a Member’s EB World account for a Material Breach will result in the forfeiture of any offers and/or promotions available to the Member through the EB World program.
- EB Games and Zing Pop Culture reserves the right to suspend or terminate EB World at any time by providing not less than 30 days’ notice to Members.
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4. Newsletters and Promotional Communications
- EB Games, Zing Pop Culture and EB World adhere to the provisions of the SPAM Act 2003 (Cth) for all electronic messaging executed by EB Games, Zing Pop Culture and EB World and sent to our Members.
In the event that a Member decides to opt out of receiving Promotional Material from EB Games, Zing Pop Culture and/or EB World, they may do so at any time via the following facilities:
- by visiting their EB World Membership Account and adjusting their preferences accordingly.
- by following the ‘Unsubscribe' link found in commercial email communications.
- by responding to commercial SMS communications with ‘STOP'.
- by contacting the EB Games or Zing Pop Culture Customer Service team.
- In the event that a Member decides to opt out of receiving Promotional Material from EB Games and/or EB World, it may take up to 5 business days for this change to take effect.
- Members agree to consent to receiving essential service communications regarding the state and security of their EB World Member account, as well as service communications regarding the availability of Products purchased by the Member, whether paid for in part or in full, which the Member has not yet taken final delivery of ("Essential Communication"), even if they have chosen to opt out of Promotional Material communications in their EB World Member Account Profile.
- EB Games, Zing Pop Culture and EB World take the utmost care to ensure that Member contact preferences are recorded and applied correctly when communicating with Members. In the event that a Member receives an electronic communication from EB Games, Zing Pop Culture or EB World which the Member deems to be an unsolicited commercial electronic message, EB Games or Zing Pop Culture will, upon being advised by the Member via the EB Games or Zing Pop Culture Customer Service team, make every effort to resolve the issue to the Member's satisfaction within 2 business days.
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5. Earning Carrots
Subject to clause 5.2, Carrots may be earned by Members as follows:
- One (1) Carrot will be earned for every dollar spent on new Products at EB Games or Zing Pop Culture. Gift Cards will accrue Carrots when the Gift Card is redeemed, not at point of purchase. Deposits made on Products will not earn Carrots until the Product is purchased in full and the physical Product is received by the Member. There is no limit on Carrots earned in this manner.
- Two (2) Carrots will be earned for every dollar spent on Preowned Products at EB Games. There is no limit on Carrots earned in this manner.
- Two (2) Carrots will be earned for every dollar of credit gained through the trading in of Preowned Products at EB Games. There is no limit on Carrots earned in this manner.
- Twenty (20) bonus Carrots will be earned each time a Member purchases a Game Guarantee Product, in association with any software product, from EB Games. There is no limit on Carrots earned in this manner.
- Twenty (20) bonus Carrots will be earned each time a Member Preorders a non-exclusive edition of a Product from EB Games or Zing Pop Culture. Carrots are credited to the Member's account on completion of the purchase transaction. There is no limit on Carrots earned in this manner.
- Fifty (50) bonus Carrots will be earned each time a Member Preorders any Product EB Games deems to be an "EB Exclusive Edition Product". Carrots are credited to the Member's account on completion of the purchase transaction. There is no limit on Carrots earned in this manner.
- One hundred and fifty (150) bonus Carrots will be earned for 100% completion of the mandatory fields of your EB World Profile. This Carrot bonus can only be earned once.
- EB Games and Zing Pop Culture reserves the right to change, from time to time, the way in which Carrots may be earned.
- In the event that a Member returns a Product to an EB Games or Zing Pop Culture Store, any Carrots earned for the original purchase will be deducted from that Membership Account.
- Carrots will appear in a Member's Carrot balance within 48 hours after a transaction has occurred.
- Members are responsible for ensuring that their Carrots are properly credited. If Carrots do not appear in the Member's Account, the Member should contact EB Games or Zing Pop Culture Customer Service within 30 days of purchase.
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6. Membership Levels and Benefits
- Membership of EB World is divided into four (4) Levels, each entitling Members to different Membership Benefits as set out in clauses 6.3-6.6 ("Membership Level").
- EB Games and Zing Pop Culture reserves the right to change, from time to time, the Membership Levels, the qualifications for joining or remaining at a particular Membership Level, and the Membership Benefits for each Membership Level.
- Membership Level 1 is the entry-level Membership Level.
- Membership Level 2 is awarded to Members who have earned at least 1200 Carrots but less than 4500 Carrots.
- Membership Level 3 is awarded to Members who earn at least 4500 Carrots but less than 9500 Carrots.
- Membership Level 4 is awarded to Members who earn at least 9500 Carrots.
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7. Progressing through Membership Levels
- The following business day after a Member earns enough Carrots to move up to the next Membership Level, EB Games or Zing Pop Culture will notify the Member of this event.
- Once a member has been notified of a Level Up event, the Member can have their Membership Cards replaced at any EB Games or Zing Pop Culture store.
- In the event that a Membership is inactive for an extended period of time, EB Games or Zing Pop Culture may make administrative changes to the Carrot balance and Membership Level of an account, as outlined in clause 3.
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8. Zero Regrets Trade Policy
- 'we', 'us', and 'our' refer to Electronics Boutique Australia Pty Ltd ACN 077 681 442.
- 'you' refers to the person visiting or using any of our services and includes EB World Members.
- 'EB World Members' means a customer of Electronics Boutique Australia Pty Ltd ACN 077 681 442 who has a Membership Account as details in the EB World Terms and Conditions (https://www.ebgames.com.au/terms)
- 'EB Games Store' means any of the stores operated by Electronics Boutique Australia Pty Ltd ACN 077 681 442.
- 'Preowned' means a game purchased by us from you for an agreed price for the purposes of refurbishment and resale by us.
- 'Zero Regrets Trade Policy' means this policy, as amended from time to time.
- The Zero Regrets Trade Policy is open to all current EB World Members. The Zero Regrets Trade Policy entitles EB World Members to purchase a Preowned game, previously traded, effective from 10 September 2018 onwards, at an EB Games Store which is the same title as a game the EB World Member has previously traded, effective from 10 September 2018 onwards, for the price the EB World Member originally traded it in for, or the current sale price, whichever is lower (subject to any refurbishment costs as set out below).
- You acknowledge that the Preowned game is unlikely to be the exact copy of the game you traded and so may not be in the same condition as the game you traded. The Zero Regrets Trade Policy only applies where the EB Games Store has the relevant Preowned game available for sale. No holds are available for Preowned games you intend to purchase under the Zero Regrets Trade Policy. We can search and transfer Preowned games between EB Stores for you to purchase under the Zero Regrets Trade Policy. To be eligible to apply the Zero Regrets Trade Policy to your purchase, you must have been an EB World Member when you traded the corresponding original game and that trade must be recorded in your EB World Member account on our systems.
- We may elect to cease the Zero Regrets Trade Policy at any time without liability to you.
Fair Use Policy
We reserve the right to refuse to trade in a game or sell you a Preowned game, in our absolute discretion, where:
- we reasonably believe that you are buying or trading games other than for your own personal use (e.g. for commercial gain);
- you have already purchased the relevant Preowned game under the Zero Regrets Trade Policy (whether or not you traded it in again after the previous purchase);
- we reasonably believe that you are taking advantage of the Zero Regrets Trade Policy in ways that are unusual and excessive for the reasonable EB World Member and which may cause us loss or harm;
- the game is unavailable to us.
- We reserve the right to on-charge to you the costs of refurbishment for Preowned games traded in to us, in the event you wish to purchase a Preowned game under the Zero Regrets Trade Policy.
- We reserve the right to amend, suspend, or terminate the Zero Regrets Trade Policy at any time.
- We do not accept liability for any errors in these terms and conditions or in its content. We shall not be liable for any damage whatsoever in contract, tort, equity or otherwise that may result from the use of, or inability to use, the information provided here.
- These terms and conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia.
Copyright and Intellectual Rights
- These terms and conditions are our copyright property. All rights are reserved.
- You do not have our permission to reproduce, adapt or do anything similar with the content of these terms and conditions.
- All rights in these terms and conditions including copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights are reserved to Electronics Boutique Australia Pty Ltd ACN 077 681 442. Any trade names, trademarks, service marks and other product and service names and logos displayed by us are proprietary to their respective owners and are protected by applicable laws. No licence or right of use of any other person or entity’s trade mark displayed is given without express permission. Nothing in these terms and conditions should be construed to suggest otherwise. The logo of Electronics Boutique Australia Pty Ltd ACN 077 681 442 or any notices of proprietary rights on any content may not be used, removed, changed or obscured in any way.
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9. EB Care Terms & Conditions
- Your EB Care Plan is provided by Electronics Boutique Australia Pty Ltd ABN 50 077 681 442, trading as EB Games.
If you have any questions or enquiries in relation to your EB Care Plan, you may contact our Customer Service team via telephone, email, or postal mail at:
Address: 25 Backhouse Place, Trade Coast Central, Eagle Farm, QLD 4009 Australia
Telephone: 13 39 30
Email: [email protected]
Your EB Care Plan
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- EB Care Plans are only available to members of the EB World loyalty program.
- Purchasing an EB Care Plan alongside your console, controller, or game ("Covered Item") offers elite protection for your Covered Item for up to 3 years from the date of purchase, depending on the available cover selected by you.
- You can find the term of your selected EB Care Plan for the Covered Item on your original sales receipt, or via your EB World Order History which can be accessed at https://www.ebgames.com.au.
- Your EB Care Plan is non-transferrable and can only be used by you for the Covered Item and upon presentation of your EB World membership details.
What is Covered?
- An EB Care Plan covers your Covered Item for faults and failures, including accidental damage.
- Your EB Care Plan entitles you to the repair of your Covered Item by our team of expert technicians, during the term of your selected EB Care Plan.
- We aim to have your Covered Item back to you between 7 and 21 days from the date your Covered Item is accepted at your selected EB Games store, depending on the State or Territory in which the store is located. We will not be liable for any loss or damage if there is a delay in returning the Covered Item.
- Where your Covered Item is deemed irreparable it may be replaced by comparable goods, rather than being repaired. We exercise the right to use refurbished parts to repair or replace the goods at our discretion.
- Repair of your Covered Item may result in loss of any user-generated data stored on the Covered Item. Although every effort to retain user-generated data will be made, unfortunately we cannot guarantee the retention of user-generated data. EB Games is not responsible for any loss of user-generated data stored on the Covered Item.
- Once your Covered Item is returned to your selected EB Games store and you have been notified, you are expected to pick up your Covered Item within 14 days. If you are unable to pick up your Covered Item within 14 days, you must contact your selected EB Games store to make alternative arrangements to pick up your Covered Item.
- Although every reasonable attempt will be made to contact you, if your Covered Item is not picked up within 90 days of initial notification (or attempt thereof), we will make one final attempt to contact you, and then due to space constraints in stores, it will be deemed that you have surrendered your Covered Item.
What is not Covered?
We may refuse to repair or replace your Covered Item where:
- we reasonably believe that you are taking advantage of your EB Care Plan in ways that are unusual and excessive, and which may cause us loss or harm;
- we reasonably believe that you are using the Covered Item for anything other than for your own personal use (e.g. for commercial gain);
- faults or failures are caused by reckless, abusive, wilful, intentional or repeated conduct, or any use of the Covered Item in a manner not normal or intended for its purpose;
- the Covered Item has been opened, serviced, modified (including upgrades and expansions), installed or altered in a manner not normal or intended for its purpose by anyone other than an authorised repairer on behalf of the manufacturer or our EB expert technicians;
- faults or failures are caused by fire, earthquake, flood, or other similar external causes.
- We will not repair or replace your Covered Item where the Covered Item is lost or stolen.
- Repairs completed by EB Games are deemed third-party and may, at the manufacturer’s discretion, void any warranty against manufacturer’s faults. Where a manufacturer’s warranty is applicable to the Covered Item requiring repair EB Games is not responsible for a customer forfeiting a claim against said warranty.
- We reserve the right to refuse to repair or replace your Covered Item, in our absolute discretion. The above does not exclude your statutory rights under the Australian Consumer Law.
What you must do to entitle you to claim under your EB Care Plan
- In order to be entitled to receive service or support under your EB Care Plan for your Covered Item, you must return the Covered Item to an EB Games store during the term of your selected EB Care Plan.
To receive service or support under the EB Care Plan, you agree to:
- be a member of the EB World loyalty program for the duration of the term and provide your EB World membership details;
- provide information to assist with locating your proof of purchase of your Covered Item and related EB Care Plan;
- provide information about the symptoms and causes of the issues with the Covered Item; and
- follow instructions or directions we give you.
- Except in relation to liability for personal injury (including sickness and death), and subject to any non-excludable statutory liability, the liability of EB Games for damages in respect of any act or omission of EB Games in connection with its obligations under these Terms and Conditions will not exceed the original price paid by you for this EB Care Plan or the value of any Covered Item.
- Subject to the below, any condition or warranty which would otherwise be implied in these Terms and Conditions is excluded.
The Liability of EB Games for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited in the case of goods, to any one of the following as determined by EB Games:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
in the case of the services provided to you under the EB Care Plan, to any one of the following as determined by EB Games:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- From time to time we may update, vary, or amend our Terms of EB Care. We will provide you with written notice of any changes to our Terms and you agree to be bound by those amendments 14 days after you receive notice of them.
- We also reserve the right to terminate EB Care Plan during the term of your selected EB Care Plan. If we intend to terminate EB Care, we will provide you with reasonable notice of any termination and refund to you a proportion of your fees paid for EB Care, reflecting (but for the termination) what would have been the remainder of your selected term of EB Care plan.
- These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia.
- The benefits provided to you by your EB Care Plan are in addition to other rights and remedies available to you under a law in relation to the Covered Item.
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10. Game Informer
- Members may progress straight to EB World membership Level 3 for a twelve (12) month period when they purchase a physical subscription to ‘Australian & New Zealand Game Informer Magazine’ for AUD $29.95 / NZ $39.95 (price subject to change) from EB Games. The Member will retain their current Carrot balance at time of subscription but must present their card at time of purchase.
- Non EB World Members may progress straight to Membership Level 3 for a twelve (12) month period when they purchase a physical subscription to ‘Australian & New Zealand Game Informer Magazine’ for AUD $29.95 / NZ $39.95 (price subject to change) from EB Games and register to become a Member of EB World at the same time. These Members will start at zero Carrots.
- The Members referred to in clause 10.1 and 10.2 will receive all the Membership Benefits of Membership Level 3 for a period of twelve (12) months, but will receive no bonus Carrots above and beyond the Carrots earned naturally over that period, as outlined in clause 5.
- If a Member chooses not to re-subscribe to Game Informer after the completion of their 12 month subscription, their EB World Membership Level will revert to the Level that corresponds with their current Carrot balance, as outlined in clause 6.
- A Game Informer bonus EB World Level 3 Membership is automatically activated the next business day after the purchase of a subscription to Game Informer. The Game Informer subscription is activated the next issue after a valid and complete subscription card is received by the Game Informer Customer Service team at the reply paid address provided.
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11. Governing Laws and Disclaimer
- These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia
- We recommend that you regularly check for any amendments to this Agreement posted online at www.ebgames.com.au. Continued membership of EB World after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms.
- Any provision of this Agreement which is or becomes unenforceable in any jurisdiction will be ineffective without invalidating any other provision of this Agreement, and such unenforceability will not invalidate that provision in any other jurisdiction.
- This Agreement contains the whole of the agreement between the parties, and all warranties whether expressed or implied which are not contained in this Agreement are specifically excluded from it to the maximum extent permitted by law.
- The trade laws for the State in which the Member is transacting must be adhered to when trading.
- EB Games or Zing Pop Culture shall not be liable for any indirect, incidental, special, consequential or exemplary damages.
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If you have any questions in relation to EB World, please contact your nearest EB Games or Zing Pop Culture Store or EB Games Customer Service.