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GAMESAGE (PTY) LTD TERMS AND CONDITIONS

  1. Definitions

"Company" shall mean Gamesage (Pty) Ltd, a company registered under the laws of South Africa, with registration number 2017/238821/07.

"Client" shall mean any individual or legal entity who has created an account on the Website and is using the processes of the Nu Gaming Website in accordance with the all applicable laws.

"Client Account" shall mean the Client account registered on the Website which enables the purchase of the Products and use of other functionalities available through the Website.

“Product” shall refer to the product key of a video game or software;

“Website” shall mean the Company’s online delivery system enabling the purchase of the Product by the Client.

  1. Detailed description of goods and/or services

Gamesage (Pty) Ltd is a business in the video game industry that provides a retail service allowing customers to purchase digital codes for video games. Once purchased, the product key related to the purchased item is delivered and can be redeemed on the respective platform associated with that particular title. The product key is official and permits the activation and download of the title via the specified platform. Product keys can only be purchased on titles in stock.

  1. Delivery policy

Subject to availability and receipt of payment, requests will be processed within 24 hours and delivery confirmed by way of email notification. The Product shall be sent to the Client via email and may also be available via the Client’s account on the Website should the client have a registered account with Gamesage (Pty) Ltd. Delivery will be made immediately, however may take up to one hour to be processed as of purchase. Should there be technical issues the Client will notify the Company via customer support as soon as possible in order rectify any these issues. In the event of technical difficulties delivery will be made as soon as is practically possible. If the delay lasts more than 24 hours the Client is entitled to a refund in terms of the refund policy.

  • Return and Refunds policy
  • The provision of goods and services by Gamesage (Pty) Ltd is subject to availability. In cases of unavailability, Gamesage (Pty) Ltd will refund the client in full within 30 days.

    • If a Client would like to request a refund it should notify the Company via email, support@gamesage.net, within 7 days of a problem occurring.
    • Refunds are not permissible if the product key has already been activated. The Company will run numerous checks confirming dates and by whom the product key has been activated before confirming a refund. Additionally, if a Customer claims that a product key is invalid, The Company will confirm if this is indeed the case and the Customer is entitled to a refund.
    • The Company will only provide refunds to the Client under the following circumstances:
      • The Product Code is invalid or cannot be redeemed for an unknown reason;
      • The code has not been received by the Client within 24 hours of purchase and the Client is not satisfied with the service, otherwise another key for the same product will be issued;
      • Due to an exceptional circumstance that will be determined by the Company at its
    • A refund will either be the repayment of the full product purchase price, or the delivery of a new key for the same product. This again will be determined by the Company at its discretion.
    • The Company cannot be held liable for an incorrect email address entered as the delivery email address i.e. the address to which the product shall be sent which is entered on the checkout page. Should an incorrect email be provided, please contact us at support@gamesage.net.
    • Once a key has been redeemed and added to the game library (activated) on the respective platform under the customer's account, the game cannot be withdrawn or resold. This is a policy enforced by the platform and not by Gamesage (Pty) Ltd. Therefore, once a game has been redeemed, the company cannot accept returns or process refunds.
    • Note that our supplier does not respond on weekends and therefore, requests made for invalid keys can only be processed over business days and can take up to 2 business days to complete.
    1. Customer Privacy policy

    All personal information collected by the Company will be protected as far as reasonably possible and will be treated as private and confidential. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

    http://www.polity.org.za/attachment.php?aa_id=3569.

    Under no circumstances will the Company share or divulge any of this information, except in the normal course permitted by law in providing the Service.

    Should you decide to register a Client Account on the Website, we may require you to provide us with personal information which includes but is not limited to:

    • your name and surname;
    • your email address;
    • your physical address;
    • your gender;
    • your mobile number; and
    • your date of birth.

    Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

    We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, the Company is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

    1. Registration of Client Account

    In order to use and access the Account service, the Client will need to register a Client account through which it can purchase its selected Product. The Client, during the registration procedure is obliged to provide true, current and complete personal data information, as well as to update such data in case of any changes. Usage of Disposable Email Accounts during registration is not permitted. The Client does not require an account to purchase a product, however, the Email provided by the Client when purchasing the product must be true and current, as the Company cannot be held liable should the Client provide incorrect details.

    1. Prohibited Activity

    The Client agrees and acknowledges that the following actions are prohibited:

    • the use of the Website and the Client Account for any purposes in violation of these Terms and Conditions.
    • use of the Website and the Client Account which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose, activity and governing law.
    • any actions which result in violation or infringement of any third-party rights.
    1. Payment options accepted

    Payment may be made via Visa, MasterCard, by bank transfer into the Gamesage (Pty) Ltd bank account, or via the PayPal merchant service provider, the details of which will be provided on request.

    1. Card acquiring and security

    Card transactions will be acquired for Gamesage (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.PayGate.co.za to view their security certificate and security policy.

    1. Customer details separate from card details

    Customer details will be stored by Gamesage (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more details on DPO PayGate refer to www.PayGate.co.za.

    1. Merchant Outlet country and transaction currency

    The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

    1. Responsibility

    Gamesage (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

    1. Intellectual Property

    The Client agrees and acknowledges that:

    (a) the Website and its design, layout and structure,

    (b) the Products and other content available on the Website as regards rights obtained by the Company from any third parties, as well as

    (c) the Company’s trademarks, brands and copyrights, are the sole proprietary of the Company (“Intellectual Property”). The Client accepts that the Product purchase shall not effect any transfer of the Intellectual Property.

    1. Termination
    • BY THE CLIENT. The Client may terminate the agreement by deregistering and deleting its Client Account or ending the Client-Company exchange. Termination shall not affect any rights or remedies which have accrued up to the time of termination.
    • BY THE COMPANY. Without limiting any other rights that the Company may have, it may remove, restrict, cancel or suspend access to and/or use of the Website, Service and the Client Account, if it considers (at its sole discretion) that the Client has breached any of these terms and conditions.
    1. Extent of Liability and Indemnity
    • The Client agrees, to the extent permitted by law, to defend, indemnify and hold harmless the Company and their respective directors, officers, agents and employees from and against all claims, liabilities, losses, damages and expenses, relating to or resulting from infringement of any provisions of these Terms and Conditions caused by the Customer.
    • The remedies contained herein are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and under any other provision of those terms for the benefit of the Company.
    • The Company:
      • does not guarantee completeness, accuracy and functionality of the Website, in particular interruptions and errors that may occur.
      • is entitled to temporarily suspend or remove the Website for indefinite periods of time without any previous notice.
      • to the extent permitted by law, excludes its liability for any losses, damages, costs and expenses of the Client and/or any third-party resulting from any misuse of the Website and the Client Account.
    • Subject to the preceding three paragraphs, the Company’s total liability to the Client in respect of all losses arising under or in connection with the Service and these Terms and Conditions, whether in contract, delict, breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and will be limited to direct damages only.
    1. General Terms
    • SEVERABILITY. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    • ENTIRE AGREEMENT. These terms and conditions constitute the entire agreement between the Client and the Company in relation to the use of this Website, and supersedes all previous agreements in respect of the use of the Website, including those of the Client.
    • GOVERNING LAW AND JURISDICTION. These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and any disputes relating to these terms and conditions or the use of the Website will be subject to the exclusive jurisdiction of the courts of South Africa.
    1. Country of domicile

    This website is governed by the laws of South Africa and Gamesage (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

    Company postal address:

    PO Box 304, Cramerview

    Sandon, Gauteng

    2060

    1. Variation

    Gamesage (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

    1. Company information

    This website is run by Gamesage (Pty) Ltd (private company) based in South Africa trading as Gamesage (Pty) Ltd and with registration number 2019/137525/07 and Jason Delaney (Director).

    1. Gamesage (Pty) Ltd contact details

    Company physical address:

    Sandton, Gauteng

    2191

    Email: support@gamesage.net