Acceptance of Terms of Use

Welcome to GetGames.ca! These Terms of Use govern your use of the GetGames.ca website services. By visiting the GetGames.ca website and subscribing to our online Video Game rental service, you agree to the following terms of use. Please read them carefully.

Changes to Terms of Use

GetGames.ca reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the left side of the pages of the GetGames.ca website. The most current version of the Terms of Use will supercede all previous versions. Your use of the GetGames.ca website and/or services after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on the GetGames.ca website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Joining GetGames.ca

In order to join GetGames.ca, customers must be at least 18 years of age or older, be a resident of Canada with a valid Canadian address, and have a valid credit card. You must agree to provide true, accurate and current information about yourself. You also agree to maintain and update your information on Your Account page.

Delivery of video games

GetGames.ca uses Canada Post, first class postage pre-paid, to deliver Video Games to and receive Video Games from you. Return postage of rented Video Games is paid by GetGames.ca. Actual delivery times may vary depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order, and (iv) circumstances impacting delivery by Canada Post. We will send you an email letting you know when we have shipped your Video Game and the anticipated time of delivery. GetGames.ca is not responsible for delayed or misdirected mail.

Free Trial

We encourage the use of our service through a two-week free trial. During the term of your free trial, you will be entitled to the same service provided to our paying members. The free trial is available to new members only. You must have Internet access and a valid credit card to redeem a free trial offer. Upon registering for your free trial, your credit card will be preauthorized for the cost of one month of service. Please note that preauthorization may result in an amount equivalent to the monthly fee for our standard membership plan being reserved on your card for a limited time. However, unless you do not cancel prior to the end of your two week free trial period, no charges will be made against the card. Previous members do not qualify for a free trial period. Only one free trial may be redeemed per household. Subsequent free trials at the same mailing address will be permitted only at the discretion of GetGames.ca.

Unless you cancel prior to the end of your free trial, we will begin billing your credit card for monthly membership fees for the appropriate GetGames.ca membership plan you signed up for at the end of your free trial period. You must cancel your two week free trial by the last day. We will wait 5 business days to receive the games that were issued before we charge your credit card. We will continue to bill your credit card on a monthly basis for the GetGames.ca standard plan (or such other membership plan offered by GetGames.ca which you select) until you cancel. The GetGames.ca standard program is a month-to-month membership that allows members to rent as many Video Game as they want in a month, with up to five titles out at a time, with no late fees or due dates and free shipping both ways. In addition to the standard plan, GetGames.ca offers alternative plans to meet your gaming needs and budget. You can find specific details on all plans offered by GetGames.ca by visiting the Your Account page and clicking on Membership Terms. Should you choose an alternate plan, the plan will take effect on the next monthly renewal date for your membership.

Your GetGames.ca membership is cancelable at any time. Visit the Your Account page for cancellation instructions.

Billing

As a GetGames.ca subscriber, you agree that we are permitted to charge or debit, as applicable, your Payment Method for a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of GetGames.ca. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel. Visit your Current Membership Terms page in Your Account to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. Visit your Current Membership Terms page in Your Account to see the commencement date of your membership with GetGames.ca. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a member on January 31st, your Payment Method would be billed on February 28th. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time; however, we will give you prior notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available when you sign in to the GetGames.ca Web site.

Automatic Renewals

Your GetGames.ca subscription will automatically be renewed on a monthly basis. For your convenience, we will bill the monthly subscription fee to the Payment Method you provide us with during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your Payment Method.

Cancellation

As noted above, you may cancel your subscription to GetGames.ca at anytime. We do not provide refunds or credits for any partial monthly subscription periods. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items.

Disclaimers of Warranties and Limitations on Liability

The GetGames.ca website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the GetGames.ca website or its contents. We assume no liability or responsibility for any errors or omissions in the content of the GetGames.ca Web site, any failures, delays, or interruptions in the shipment of Video Games, delivery of any content contained on the GetGames.ca Web site, any losses or damages arising from the use of the content provided on the GetGames.ca Web site, or any conduct by users of the GetGames.ca Web site. We reserve the right to ship Video Games in our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. In no event shall GetGames.ca or its employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Entertainment and Website Content

GetGames.ca distributes video game, movie and other entertainment. In addition, the GetGames.ca website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the GetGames.ca Web site are those of the respective authors or producers and not of GetGames.ca or its employees. Under no circumstances shall GetGames.ca or its employees be held liable for any loss or damage caused by your reliance on information obtained through the GetGames.ca Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the GetGames.ca website. We permit you to post reviews on the GetGames.ca website in accordance with the procedures established on the GetGames.ca website and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false email address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the GetGames.ca website; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted

GetGames.ca is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to GetGames.ca, including, without limitation, responses to questionnaires or through postings to the GetGames.ca website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the GetGames.ca Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Limitations on Use

You must be 18 years of age or older to use the GetGames.ca service. Unless otherwise specified, the content on the GetGames.ca website is for your personal and non-commercial use and we grant you a limited license to access the GetGames.ca Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the GetGames.ca website without our express written consent. Any unauthorized use of the GetGames.ca Web site or its contents will terminate the limited license granted by us.

Lost Games

If you lose or damage a game, GetGames.a reserves the right to charge the full retail price of the lost or damaged game. This includes any games damaged as a result of the failure use the supplied return envelopes. Please report a lost or damaged game to our customer service department at getgames@getgames.ca.

Recovery

If a member falls behind on three or more months of payment, GetGames.ca reserves itself the right to transfer the members account to a recovery agency. The customer’s full information will be available to the agency for them to use all legal and financial methods to recover the owed sum. The unpaid balance will be increased by 30% in order to cover all additional administrative fees encountered.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Gift Subscriptions

We offer for sale on the GetGames.ca website various Gift Subscriptions redeemable for the GetGames.ca service. These Gift Subscriptions are subject to the terms and conditions set forth on the "Gift Certificates" page.