Membership Terms & Conditions
1. WHAT THESE TERMS COVER
1.1. These are the general terms and conditions that apply to the Subscription and use of the Gamebase Plus Membership Scheme (the “Membership”) (the “Terms”).
1.2. Please read them carefully before you subscribe.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Please see our Terms and Conditions section.
2.2. How to contact us.
2.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us.
2.4. You agree to inform us if your name, email address or any other contact or personal details provided change by contacting our customer service team on the number or email address set out in clause 2.2 above and you agree that we will not be responsible for missed notifications if you have not kept your contact details with us up-to-date.
2.5. "Writing" or “written” includes emails.
3. OUR CONTRACT WITH YOU AND ELIGIBILITY REQUIREMENTS FOR THE MEMBERSHIP
3.1. These Terms apply to the person purchasing the Membership (the “Purchaser”) and the person who agrees and uses the Membership (the “Member”).
3.2. You are both the Purchaser and the Member which provides a single contract, governing the purchase and use of the Membership, that is formed between you and us at the point of subscription and payment.
3.3. if the Purchaser and the Member are different persons, then:
3.3.1. The contract governing the purchase of the Membership is formed between us and the Purchaser at the point of subscription and payment.
3.3.2. The contract governing the use of the Membership by the Member is formed between us and the Member at the point at which the Subscription is successfully activated.
3.4. if we cannot accept your order for the Membership or if the proposed Member is ineligible for Membership in accordance with these Terms, we will refund any amounts paid for the Membership and not take any further payment from the Purchaser. This might be because a credit reference we have obtained for you does not meet our minimum requirements.
3.5. The Membership is only available to Members who are aged 18 or over and resident in the UK.
3.6. You must have a Gamebase Account before you can activate your Membership subscription and can only have one active subscription at any one time. The Gamebase Account terms and conditions apply.
3.7. You must deactivate your membership subscription should you not wish to continue with the membership, of which a subscription end date will be provided in your account profile.
3.8. You agree to use the Membership in good faith and in the way that we intend for it to be used. In particular, the Membership is only available to consumers and use by trade buyers or anyone representing a trade buyer is not permitted.
3.9. We set out below some examples of what we see as not using the Membership in good faith.
3.9.1. Opening and closing a Membership more than once in a 3 month period;
3.9.2. Bulk buying the same product;
3.9.3. Allowing someone else to use your Membership;
3.9.4. Buying more than one product and quickly selling any of these items.
Please be aware that if this kind of activity occurs we may suspend your Membership (in accordance with clause 6) whilst we check how the Membership is being used and we will work in good faith to resolve any such dispute in a timely manner.
3.10. Any products purchased using your Membership will be subject to Gamebase Trading Terms available in our FAQ section.
4. Gamebase Plus Membership Benefits
4.1. As a Member you will receive, as a minimum, the following benefits:
4.1.1. 20% Discount on all software purchases;
4.1.2. Entry into our monthly Gamebase Plus prize draw.
4.1.3. Ad hoc special offers, up to 40% discount on selected lines.
4.1.4. Membership referral bonus (see section 5)
4.2. All membership benefits are subject to availability. You will be informed of such offers either by email.
4.3. Maximum allowance of £50 discount per £9.99 subscription per month.
5. Membership Referral
5.1. We offer the following “membership referral” promise to all subscribed members. The membership referral form needs to be completed and sent to us with your membership details included. Upon registration from the referred, the referee (you) will receive £10 store credit on payment of the referred second monthly instalment (usually 31 days later).
6. PRICE AND PAYMENT
6.1. The price of the Membership (which includes VAT) will be the price set out in store or on our website. We take all reasonable care to ensure that the prices of the Membership we display are correct. However please see clause 6.3 for what happens if we discover an error in the price of the Membership.
6.2. We will pass on changes in the rate of VAT. If the rate of VAT changes during your Membership, we may adjust the rate of VAT that you pay.
6.3. What happens if we got the price wrong. If, despite taking all reasonable care, the correct price for the Membership on the date of your subscription is purchased is higher than the price stated in store or online, we will contact you for your instructions. If a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, and you have we may cancel the Membership and refund you any sums you have paid.
6.4. When you must pay and how you must pay. You will pay upfront for a fixed-term Membership in advance by a paypal recurring payment direct for a rolling monthly Membership.
6.5. Change to paypal details. If you want to change the account details from which your membership is paid, you must do this via the Membership portal at least 14 days’ notice prior to your next payment date.
6.6. Failing to pay for a recurring subscription will result in the membership account being instantly suspended for a set period (3-6 months) before it can be reactivated. You will be notified of a failed payment collection in advance. Any discounts taken during the unpaid time will be re-charged to the account holder before suspension.
6.7. what to do if you think a payment request is wrong. If you think a payment request is wrong please contact us promptly to let us know. Once the dispute is resolved.
7. DURATION OF THE MEMBERSHIP AND OUR RIGHTS TO SUSPEND THE MEMBERSHIP
7.1. The Membership subscription will begin on the date on which the Membership is successfully activated and continue as follows, unless you or we end the contract earlier as described in these Terms:
7.1.1. If you have purchased the Membership subscription the Membership will continue for the relevant fixed period. At the end of this period, the Membership will automatically renew. You do not need to do anything.
7.1.2. We are not responsible for loss of access to the Membership which is outside our control. If your access to the Membership is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or lack of access. Provided we do this we will not be responsible for any lack of access caused by the event but if there is a risk of the Membership being inaccessible for a significant period of time you may contact us to end the contract and receive a refund for any Membership you have paid for but not received.
7.3. Reasons we may suspend the Membership. We may have to suspend the Membership to:
7.3.1. deal with technical problems or make minor technical changes;
7.3.2. update the Membership to reflect changes in relevant laws and regulatory requirements;
7.3.3. make changes to the Membership as notified by us to you (see clause 14); and
7.3.4. investigate the use of a Membership that we have reason to believe is not being used in good faith and in accordance with these Terms.
7.4. Your rights if we suspend the Membership. We will contact you in advance to tell you we will be suspending the Membership, unless the problem is urgent or an emergency. If we have to suspend the Membership for longer than 2 consecutive weeks in any 8 week period we will adjust the price so that you do not pay for Membership while it is suspended. You may contact us to end the contract if we suspend the Membership, or tell you we are going to suspend it, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the Membership not provided to you.
7.5. We may also suspend your Membership if you do not pay the monthly charge in any of the scenarios set out below in clauses 6.5.1 to 6.5.3 If you do not pay us for the Membership when you are supposed to (see clause 6) and do not resolve the issue within the time-limits set out below, we may suspend the Membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your Membership. We will not suspend the Membership where you dispute the unpaid Membership fee (see clause 6.7).
7.5.1. Failed monthly payment (e.g. because your account doesn’t have sufficient funds) but the paypal mandate details you have provided are valid,
22.214.171.124. What you should do: you can retry the payment via the membership portal, which can be done any time up to 5 working days before the next payment is due; or
126.96.36.199. What should you do: you can update your paypal mandate details via the membership portal and retry payment.
7.5.2. We will lift the suspension once payment is made. However, if you miss the following payment, we reserve the right to cancel your Membership.
8. Please read Paypal’s own recurring payments terms and conditions.
9. YOUR RIGHT TO CANCEL
9.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.2. Ending the Membership where we are not at fault and there is no right to change your mind. If you want to end your Membership after the cooling-off period referred to in clause 9.4 (and you are not ending the Membership for one of the reasons set out in clause 9.3).
9.2.1. Your Membership will automatically end on expiry of the fixed period. You cannot end a fixed-period Membership earlier than the expiry date and obtain a refund unless it is for one of the reasons set out in clause 9.3; and
9.2.2. You must give us notice to cancel at least 5 working days before the due date of your next payment, in which case your Membership will end at the end of the current month. If you give us less than 5 working days’ notice, your next payment will be taken and your Membership will not end until the following month.
9.3. Ending the Membership where we are at fault. If you are ending the Membership for a reason set out at 9.3.1 to 9.3.5 below the Membership will end immediately and we will refund you in full for any period of Membership during which the Membership has not been provided or has not been properly provided. The relevant reasons are:
9.3.1. we have told you about an upcoming change to the Membership or these Terms which you do not agree to;
9.3.2. we have told you about an error in the price or description of the Membership and you do not wish to proceed;
9.3.3. there is a risk the Membership may be significantly delayed because of events outside our control;
9.3.4. we suspend the Membership for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 2 months ; or
9.3.5. you have a legal right to end the Membership because of something we have done wrong.
9.4. Your right to change your mind - “Cooling-off period”
9.4.1. If you have just changed your mind, you can obtain a full refund if you cancel the contract within 14 days starting provided no discount has been applied to purchases.
9.4.2. How to end the Membership with us (including if you have changed your mind). To end the Membership with us, please let us know by doing one of the following:
9.5.1. Portal. Login to the membership portal in your profile section and select the cancel option.
9.5.2. Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the membership and, where available, your reward account number, phone number and email address;
9.5.3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE MEMBERSHIP
10.1. We may end the Membership if you do not comply with these Terms.
10.2. Also, we may end the Membership at any time by writing to you if:
10.2.1. Your membership has been suspended due to a missed payment, and you have failed to make this payment within one month of it being due;
10.2.2. you provide us with incomplete or incorrect information and have not rectified this within a reasonable time of us asking you to do so; and
10.2.3. you do not use the Membership in good faith, in breach of clause 3.8.
We will not be responsible for not providing the Membership (or any part of it) if this is caused by the circumstances set out above in this clause 10.2.
10.3. You must compensate us if you break the contract or do not use the Membership in the right way. If we end the Membership in the situations set out in clauses 10.1 and 10.2 we will refund any money you have paid in advance for any period of the Membership we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.4. We may stop providing the Membership. We may write to you to let you know that we are going to stop providing the Membership. We will let you know at least 14 days in advance of our stopping the Membership services and will refund any sums you have paid in advance for the Membership which will not be provided.
11. IF THERE IS A PROBLEM WITH THE MEMBERSHIP
If you have any questions or complaints about the Membership, please contact us. You can contact us at email@example.com.
12. SUMMARY OF YOUR LEGAL RIGHTS
See the box below for a summary of your key legal rights in relation to the Membership. Nothing in these Terms will affect your legal rights.
13. SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
• you have a right to receive services which are as described.
• you can ask us to repeat or fix a service if its not carried out with reasonable care and skill, or get some money back if we can not fix it.
• if you have not agreed a price beforehand, what you are asked to pay must be reasonable.
• if you have not agreed a time beforehand, it must be carried out within a reasonable time.
See also exercising your right to change your mind at clause 8.4.
14. OUR RIGHTS TO MAKE CHANGES
14.1. We may make minor changes to the Membership and these Terms (including contracts already in existence):
14.1.1. to reflect changes in relevant laws and regulatory requirements; and
14.1.2. to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the Membership.
14.2. More significant changes to the Membership or these Terms (and your existing contract with us) will be notified to you in writing along with the date on which such changes will take effect. If you do not want to accept the proposed change, before the change takes effect, you can contact us to tell us you wish to cancel and receive a refund of any Membership Fee you have paid for the days remaining of your Membership after the month in which you cancel your Membership.
14.3. Any changes made to the General Prize Draw Terms will not apply to prize draws for which the competition period has commenced.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Membership as summarised at clause 13.
15.3. We are not liable for business losses. We only supply the Membership for domestic and private use. If you use the Membership for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1. How we will use your personal information. We will use the personal information you provide to us to:
16.1.1. provide the Membership;
16.1.2. process your payment for the Membership;
16.1.3. remind you when your Membership is about to expire, how you can renew your Membership and the options available to you for renewal; and
16.1.4. if you agreed to this during the order process, inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
16.2. We may pass your personal information to paypal so that they can set up a recurring payment for your Membership fee and then activate your Membership. We will not store any of your bank details and will only process them for the purpose set out in this clause 16.2.
16.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
17. OTHER IMPORTANT TERMS
17.1. We may transfer any contract made under these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation.
17.2. Once activated, a Membership cannot be transferred to someone else and must only be used by the Member. As a result, only Purchasers and/or Members have rights to enforce the Terms of the applicable contact and none of us need the consent of any person that is not a party to the applicable contract to end it or the Membership (as applicable) or to agree any changes to these Terms.
17.3. Please note that offers provided via the Membership cannot be used in conjunction with any other Membership or generally available offer unless expressly specified otherwise.
17.4. The images of the products or reference to offers and/or promotions on our marketing material for the Membership are for illustrative purposes only.
17.5. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.6. Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Membership, we can still require you to make the payment at a later date.
17.7. Language. Any contracts made under these Terms will be concluded in the English language.
17.8. Which laws apply to any contract made under these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
17.9. Online Dispute Resolution. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18. PRIZE DRAW TERMS AND CONDITIONS
18.1. We may from time to time run prize draws for which only Members are eligible to enter. The terms and conditions for these competitions will be set out in the General Prize Draw Terms that relate to all such competitions and a notice which we will publish online at the time we launch each competition (“‘Prize Draw Notice’). The General Prize Draw Terms are set out at the end of these Terms below.
18.2. The Prize Draw Notice will set out the information and terms that are specific to a prize draw such as the method of entry, eligibly criteria, the competition period, details of the prizes, the number of potential winners and the date of the draw and announcement of the winners.
GENERAL PRIZE DRAW TERMS
1. DETAILS OF PROMOTER: Each Prize Draw is run by Gamebase.
2. PRIZE DRAW NOTICE Rules specific to each Prize Draw are displayed in a notice on the page for such Prize Draw ("Prize Draw Notice") and are incorporated into the Rules. In the event of differences between these terms and conditions and the Prize Draw Notice, the Prize Draw Notice shall prevail.
○ You are not eligible to enter this Prize Draw if you, or a member of your immediate family (which means parents, children, siblings, spouse and life partners), are an employee, contractor or sub-contractor of Gamebase or any of its advertising or promotion agencies. Gamebase reserves the right not to award a prize (and to select an alternative winner) if Gamebase is aware or has reasonable grounds to suspect that a winner is not eligible for these reasons.
○ Additional eligibility requirements may apply to a specific Prize Draw, e.g. a valid passport or visa (or the ability to obtain the same within a certain time) if the Prize Draw prize includes travel outside the United Kingdom. These will be set out in the Prize Draw Notice.
○ In order to enter you must have a gamebase plus membership activated at the time of entry.
○ You promise that all the personal information you provide to Gamebase in connection with a Prize Draw shall be complete and accurate.
○ The address we have associated with your Gamebase account will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Prize Draw Notice, Prize Draws are only open to residents of the United Kingdom and you are not eligible if you are resident outside of the United Kingdom. Where a Prize Draw is open to entrants from outside the United Kingdom, you will still not be eligible if you are resident in a country or jurisdiction where the Prize Draw may breach any local law or regulation.
○ Where a Prize Draw is open to all age groups, you must still obtain appropriate parental/guardian permission if you are under 18. Where a Prize Draw is only open to a certain age group (e.g. 18 and over), this will be made clear in the Prize Draw Notice. If no age limit is specified, the Prize Draw is open to over 18s only. Where there is a minimum age requirement for entry, this will be stated in the Prize Draw Notice and must be observed. Gamebase reserves the right to request written proof of age and/or identity of any entrant including the winner. Where no such written proof is supplied, or the entrant is not the requisite age, Gamebase may disqualify the entrant.
○ Gamebase reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant is not eligible or has otherwise breached any of the Rules. In the event that any Prize Draw winner is subsequently disqualified from a Prize Draw for any reason, Gamebase in its sole discretion may decide whether a replacement winner should be selected in accordance with the Prize Draw criteria.
4. INVALID ENTRIES: Unless stated otherwise in the Prize Draw Notice, we only permit one entry per person. Any entry made or attempted to be made to the Prize Draw in a manner which in our reasonable opinion is contrary to these terms and conditions or by its nature unfair to other entrants will be invalid and may result in your disqualification from the Prize Draw. Examples of entries or behaviour which are not allowed include fraudulent entries, bulk entries, automated entries, entries made on behalf of another person, cheating, hacking, deception, use of robots or other automated programmes. We will not accept illegible or incomplete entries. If multiple entries are made we will only accept your first entry.
5. STARTING AND CLOSING DATES: Prize Draw entries must be made in the manner and by the closing date and time specified on the Prize Draw Notice. Failure to do so will disqualify the entry.
6. ENTRY CHARGE: There is no charge to enter a Prize Draw. However, standard mobile data and Internet connection charges may apply.
7. PRIZE: We may substitute prizes of equal or greater value. A cash alternative is not available. Prizes are not transferable. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses, upgrades etc.) as the case may be, unless specifically stated in the Prize Draw Notice, are the sole responsibility of the prize winner.
8. OWNERSHIP OF YOUR ENTRY: You own your entry, including any copyright in your entry. By entering the Prize Draw, you agree that Gamebase (including our affiliate companies) may edit, publish and use your entry in any and all media (including print and online) for promotion and news purposes both during and after the Prize Draw, without any payment to you.
9. SELECTION OF WINNERS: Winners will be selected at random by a computer process that produces verifiably random results or by an independent person or under the supervision of an independent person. If more than one prize is awarded only one prize per entrant will be awarded.
10. NOTIFICATION OF WINNERS: Prize winners will be notified in the manner and within the time specified on the Prize Draw notice (and may be contacted by Gamebase’s nominated suppliers) Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner.
11. FAILURE TO CLAIM PRIZE: Unless stated as otherwise in the Prize Draw Notice, claims for prizes must be made in the manner and within the time specified on the Prize Draw Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
12. DELIVERY OF PRIZE: unless stated otherwise in the Prize Draw Notice we will deliver prizes to winners by post within 30 days of the closing date of the Prize Draw.
13. LIST OF WINNERS: You may request the last name and county of the major prize winners by sending a stamped addressed envelope to Gamebase, 47 Castle Street
Dover, Kent, CT16 1PT. By entering this free Prize Draw you give us permission to make available your last name and county if you win.
14. FINAL DECISION: Our decision is final. No correspondence will be entered into regarding the selection of the winner of this Prize Draw.
15. CONSENT TO USE NAME AND IMAGE: We may require the winners to participate in publicity or advertising. By entering this Prize Draw, you agree that we may use your name and/or image for these purposes and that you will not be paid.
17. OUR LIABILITY TO YOU: We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraud by us or our employees or agents. For any other loss or damage, we will only be liable for losses which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions, up to a maximum of £100. Losses are foreseeable where they could be contemplated by you and us at the time of you entering this Prize Draw.
18. WHAT WE ARE NOT LIABLE FOR: We are not responsible for:
○ losses not caused by our breach or negligence
○ indirect losses – these are losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of you entering this Prize Draw
○ entries lost, delayed, damaged or corrupted where such loss, delay, damage or corruption is caused by events outside of our reasonable control
○ technical failures or errors affecting communication lines, website availability or systems errors where these are not within our reasonable control, or
○ any failure to provide the Prize Draw, the prize(s) or to meet any of our obligations under these terms and conditions where that failure arise because of events outside of our reasonable control.
19. LIABILITY OF THIRD PARTIES: You acknowledge that the prize is provided by a third party not related to Gamebase. We are not responsible for the performance of any third party involved in this Prize Draw or the provision of the prizes and will not be liable for any act or omission of a third party, although we will endeavour to minimise the effect to you of any third parties failure.