GAME Wi-Fi Terms of Use

IMPORTANT: These Terms of Use set out the agreement between you (“you”) and GAME Retail Limited (“GAME”, “we” or “us”).

You must read and accept these Terms of Use before you access and use the GAME Wi-Fi service (hereafter referred to as "GAME Wi-Fi"). By continuing to used the GAME Wi-Fi service you agree to be bound by the terms and conditions set out below.

GAME's Privacy Policy forms part of these Terms of Use. You should read the Privacy Policy carefully before agreeing to these Terms of Use. The privacy policy is available by clicking here.

If you have any questions about these Terms of Use or the GAME Wi-Fi, please contact us by clicking here.

If you are aged under 18, before you access and use the GAME Wi-Fi, please ensure that you have your parent/guardian's consent and ensure that they and you have read and agree to these Terms of Use.

The GAME Wi-Fi will enable you to access the internet, to send and receive data through our wireless broadband network and to send data through the internet using wireless technology that we make publicly available for free of charge for a limited period. We reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.

1 WARRANTY

The GAME Wi-Fi is provided on an "as is" and "as available" basis and GAME does not warrant that the GAME Wi-Fi will be uninterrupted or error-free.

2 USE OF GAME WI-FI

You agree that:

2.1 You are responsible for ensuring that any equipment that you use to access the GAME Wi-Fi is adequately protected against viruses.

2.2 The GAME Wi-Fi may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.

2.3 You shall ensure that you use the GAME Wi-Fi in a reasonable manner and do not abuse it. You accept that GAME may restrict your ability to use the GAME Wi-Fi if you use it in an unreasonable and/or excessive manner.

2.4 You are wholly responsible for your use of the GAME Wi-Fi. You accept that we have no control over the information transmitted via the GAME Wi-Fi and will not be responsible for such information, except as expressly specified otherwise in these Terms of Use. Whilst we reserve the right to monitor use of the Game Wi-Fi we do not examine the use to which you put on the service or the nature of the information you send or receive. We have no obligation to compensate you for such information and/or such use.

2.5 You accept that we have the right to restrict access to any inappropriate content on the GAME Wi-Fi, such as adult and/or illegal content. You hereby agree not to access or attempt to access such adult or illegal content using the GAME Wi‑Fi.

2.6 You are responsible for the way the GAME Wi-Fi is used. You must not do any of the following acts or allow anyone else to do the following acts via your device in relation to the GAME Wi-Fi:

2.6.1 send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;

2.6.2 cause annoyance, nuisance, inconvenience or needless worry to, or infringe the rights of, any other person;

2.6.3 perform any illegal activity;

2.6.4 break, or try to break, the security of anyone else's equipment, hardware or software;

2.6.5 deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);

2.6.6 upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;

2.6.7 you must not use the GAME Wi-Fi in a manner that will or is likely to adversely affect how we provide it to you or any of our customers.

2.7 You must, at all times, ensure that the way you use the GAME Wi-Fi does not break the law or the rights of any other person.

2.8 If we reasonably believe that you have breached clause 2.6of these Terms of Use or that you have misused the GAME Wi-Fi in any way, we may take immediate action to deny you access to the GAME Wi-Fi without any further notice to you.

2.9 You agree to take responsibility for all liabilities, claims and losses which are in any way connected with your misuse of the GAME Wi-Fi under these Terms of Use and you agree to repay to us in full any costs and/or losses of which we may suffer as a result of such misuse.

2.10 The GAME Wi-Fi enables you to access third party content and services (some of which may require you to accept additional terms and which may be subject to fees), and you agree that we are not responsible for any such third party content or services.

2.11 We do not guarantee the security of the GAME Wi-Fi and you hereby agree to use the GAME Wi-Fi at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the GAME Wi-Fi, access to your computing equipment or disclosure of confidential information.

2.12 You hereby accept that we do not guarantee nor are we responsible for, the security, integrity and confidentiality of the information, files and data that you exchange or may wish to exchange.

3 LIABILITY

3.1 GAME will not be liable to you for:

3.1.1 any direct loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, use, business, wasted expenditure, loss arising from disclosure of confidential information, loss arising from or in connection with the use of the GAME Wi-Fi or inability to use or access the GAME Wi-Fi whether or not we were advised in advance of the possibility of such loss or damage;

3.1.2 any indirect loss or any loss which is not a reasonably foreseeable consequence of our negligence or breach of these Terms of Use (including loss of profits, business, revenue, contracts or anticipated savings, wasted expense or any other purely financial losses);

3.1.3 lost, delayed or destroyed data or software; or

3.1.4 any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss.

3.2 We are not responsible for any misuse of your username and/or where applicable, your password.

3.3 We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the GAME Wi-Fi, or for transmitting or receiving, or failure to transmit or receive, any material through the GAME Wi-Fi.

3.4 If you deal with any other individuals or organisations using the GAME Wi-Fi, we will not be involved in those dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.

3.5 We will not be liable to you for the contents of any material from other individuals and/or organisations which may be accessed through the GAME Wi-Fi. We also reserve the right to block access to any such material.

3.6 Nothing in these Terms of Use shall restrict or exclude our ability for death or personal injury caused by negligence or for fraud.

4 CHANGES TO THESE TERMS OF USE

We reserve the right to change these Terms of Use from time to time by posting notice of the change here. Your continued use of the GAME Wi-Fi following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check regularly to determine whether these Terms of Use have been changed. If you do not agree to any change to these Terms of Use then you must immediately stop using the GAME Wi-Fi.

5 SEVERABILITY

Each provision of these Terms of Use excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these Terms of Use howsoever occasioned.

6 NO WAIVER

No waiver by GAME shall be construed as a waiver of any breach of any provision of these Terms of Use.

7 CHOICE OF LAW

These Terms of Use shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.

8 OTHER INFORMATION

Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.