Terms & Conditions
Terms & Conditions
The user, by accessing or navigating any part of KickGaming.com, acknowledges his/her complete understanding and agrees to the terms and conditions set out in the following. Throughout the following, the term Kick Gaming will include KickGaming.com and all respective affiliates, subsidiaries and successors. All orders placed on Kick Gaming are subject to the "Policies" section listed on KickGaming.com. Information about shipping and delivery times are also listed on Kick Gaming and apply to all orders placed.
KickGaming.com updates and publishes content on this site in good faith, however, no representation is made concerning the completeness or accuracy of the information contained herein. Some parts of the website might be incomplete, contain errors or expire at any point in time.
We are not responsible for typographical, technical, or descriptive errors of products or information herein. KickGaming.com expressly disclaims and makes no commitment to update any of the content on this website. KickGaming.com reserves the right to add, modify or delete any information on the website at any point in time. In the event of a typographical error, error in pricing, product information or other errors, Kick Gaming shall have the right to refuse or cancel any orders placed due to the error in question. Kick Gaming shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled or refused, Kick Gaming shall immediately issue a credit to your credit card account in the amount of the charge.
Permission to use documents delivered from this site and/or server and related graphics is restricted. The name of Kick Gaming, or any trademarks or logos, may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission.
The buyer is responsible for ensuring that any KickGaming.com merchandise ordered does not violate any custom, trade laws or barriers to entry that exist in the destination country. Any law, rule or regulation regarding the import of KickGaming.com merchandise to the buyer's country is the sole responsibility and liability of the buyer. Any special devices like modchips/flash cards/flash carts/adapters are sold only to allow users to play 1 backup copy of original or import software for which the original software license was purchased. KickGaming.com assumes no responsibility or accountability whereby any of its products are used for any unauthorized or illegal actions both criminally and/or in civil incidents. KickGaming.com DOES NOT condone piracy. It is up to the end user of a product to comply with any federal, provincial, state or local laws in any circumstance. DO NOT make illegal pirated copies of software. Users can only make 1 single backup copy of games for which they have purchased the original software license. If users lose or damage the original game, the backup copy must be destroyed.
KickGaming.com takes all precautionary measures to ensure that the range of products are free from manufacturer defects. However, KickGaming.com will not be held responsible for incorrect usage or damage to any equipment due to usage, negligence, accidental damage or other factors beyond our control. KickGaming.com has made every effort to show that due care and attention must be exercised when installing or using certain products. Mishandling of products or failure to handle products correctly in a way not intended will more than likely cause damage to your equipment. By purchasing product from KickGaming.com you agree to indemnify KickGaming.com from any libelous action resulting from accidental damage or negligence on your part, you assume the entire cost of any damage resulting from the use of products and/or interaction (or failure to interact properly) with any products, software, or services provided by Kick Gaming. To the maximum extent permitted by applicable law, in no event will Kick Gaming be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, hardware or software disruption, impairment or failure, repair costs, time value, or other pecuniary loss) arising out of the use or inability to use the products purchased from Kick Gaming, or the incompatibility of software with any hardware, software or usage, even if you have been advised of the possibility of such damages from a third party. Also, Kick Gaming shall not be responsible for losses that may occur from exchange rates, or from currency conversions, that take place, and the customer accepts the exchange rate or currency conversion offered by Kick Gaming and its partners at the time of purchase.
All users agree to abide and adhere to all applicable local, provincial, federal and international laws and regulations when using KickGaming.com. All users agree to not use KickGaming.com in a means that may be a violation of third party rights, including intellectual property rights. All users will NOT use KickGaming.com or any products for illegal purposes. KickGaming.com may not be used to post or convey unlawful, harassing, privacy invading, abusive, libelous, threatening, harmful, vulgar, pornographic, obscene, indecent, or objectionable material whatsoever. KickGaming.com may not be used to communicate commercial advertisements, pyramid schemes, chain letters, encoded binary files, job offers or personal ads. KickGaming.com may not be used to provide materials that contain viruses or other contaminating or destructive features. KickGaming.com will not be held responsible or liable for any kind of damages that arise via the use of public posting areas of the KickGaming.com website. This will include, but is not limited to, direct, indirect, punitive, incidental and consequential damages.
KickGaming.com makes no representations or guarantees, either expressed or implied of any kind in regards to the KickGaming.com website or its contents. The KickGaming.com website and the content and material therein are provided in accordance to an 'as is, where is' basis. KickGaming.com disclaims all warranties, either expressed or implied that include merchantability and fitness for any purpose or product. Any person making use or attempting to make use of KickGaming.com understands and acknowledges that there are absolutely no warranties or guarantees made regarding the content of the web site. This includes web site content as well as how current information is, its accuracy, and its completeness. KickGaming.com includes links to other websites as a service to its users. However, KickGaming.com has no control over and makes no endorsements or representations in any way concerning the content or appropriateness of the content contained on the linked website(s). Therefore, the users hereby waive any claim against KickGaming.com in regards to any linked websites or content. KickGaming.com makes no commitment, and disclaims any duty, to update any of its content or reports in whole or in part in any section of the website.
No KickGaming.com owner, director, employee or any other representative will be liable for any damages that may arise out of or in connection with the use of the KickGaming.com website or any other linked or referring site. Please be aware that this is a comprehensive limitation of liability that applies to all damages in any nature, including compensatory, direct or indirect damages loss of data, loss or damage to property, loss of income or profit and any claims made by third parties.
Pricing and availability information are all subject to change without any prior notice. No price guarantees or availability guarantees will ever be made.
Prices are quoted in United States Dollars (USD), and can be changed on KickGaming.com to Canadian Dollars (CAD) with an exchange rate based on recent/current rates. This includes all product pricing, shipping pricing and any applicable taxes. Regardless of where you live, order from or have product shipped to, there is no exception to USD/CAD billing. KickGaming.com is based in Richmond Hill, Ontario, Canada and is subject to all laws and regulations concerning the sale of its items according to local, provincial and federal jurisdiction only. Canadian residents ordering will be charged the Goods and Services Tax (GST) or Harmonized Sales Tax (HST) accordingly. All taxes will be assessed according to the appropriate percentages of the USD or CAD amount and will be billed in USD or CAD.
Kick Gaming, owns and operates the KickGaming.com website. KickGaming, KickGaming.com, and any related words domain names and logos are trademarks and are the property of KickGaming.com. All other product names, company names, logos and trademarks cited herein and at any location on the KickGaming.com website are the property of their respective owners. KickGaming.com has absolutely no affiliation with any of these owners and any use of anything owned by these companies is the property of that company. Anything used on this website without permission, is property of their respective owners. Trademarks and copyrights for consoles, games and characters are owned by the companies that market or license those products.
All material contained on KickGaming.com, including all portions of the website, content, site design, text, graphics, forums, polls and the selection and arrangement thereof are Copyright © KickGaming.com and respective owners. All Rights Reserved. No material contained within KickGaming.com may be reproduced, republished, copied, posted, transmitted or distributed in any way, shape or form. Users and visitors may print, in hard copy, portions of the KickGaming.com website for the purpose of placing an order, technical support or research purposes. The use of any such material for any other purpose, on any other website or the distribution, replication or modification of this material without prior written permission of KickGaming.com is strictly prohibited.
KickGaming.com retains all title, interest and right in and to the KickGaming.com website. Users may not publish, transmit, transfer, sell or reproduce any content contained on KickGaming.com. The only exception to this rule will be if KickGaming.com has provided express written consent. All users agree to use KickGaming.com according to all Terms of Use. All information that is posted or uploaded to KickGaming.com becomes the property of KickGaming.com. KickGaming.com reserves the right to modify, edit, distribute, promote or delete any postings for any reason at any time and without notice. This site is provided by KickGaming.com on an 'as is' basis.
KickGaming.com makes no representations or warranties of any kind, express or implied, as to the operation of this site, the information, content, material or products, included on this site. To the full extent permissible by applicable law, KickGaming.com disclaims all warranties, express or implied, including but no limited to, implied warranties of merchantability and fitness for a particular purpose. KickGaming.com will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.
KickGaming.com (not including links to other websites) is managed and controlled by Kick Gaming from its 1 and only location within the province of Ontario in Canada. Access to this website may be made by users from all provinces in Canada, all states in the USA as well as other countries throughout the world. Access from any location outside of Ontario, may have laws and regulations that may differ from those within Ontario, Canada. When accessing KickGaming.com, the user or visitor agrees that all issues relating to access or use of KickGaming.com and its linked websites shall be governed by the laws of Ontario and Canada. This will occur without regard to the conflicts of laws principals thereof. Furthermore, the user agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the user do so in a voluntary fashion. The user will be responsible for complying with all local laws, regulations and all issues contained therein.
Any user or visitor to KickGaming.com acknowledges that any content, offers, opinions and/or information he or she may provide to KickGaming.com will become the property of KickGaming.com. This includes all copyright (without reservations), and user waives in favor of foregoing any and all moral rights in such content. KickGaming.com hereby notifies that all or any portion of the content may be used, reproduced, edited, published, translated, sublicensed, copied or incorporated into other works of any form, technology or media known now or hereafter developed for the full term of any copyright that may exist in such content without any form of compensation. As well, that content is not subject to any copyright or other proprietary right of a third party. Any content that is made available to KickGaming.com by third parties, which includes information provided by other users of KickGaming.com, are those of their respective third parties and not of KickGaming.com, its owners or directors, employees or agents. KickGaming.com reserves the right to not publish, or to remove, edit or modify any content that is deemed to be inappropriate for KickGaming.com, for any reason whatsoever.
No Solicitation
The KickGaming.com website and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
Your use of the KickGaming.com website constitutes your agreement to defend, indemnify, and hold harmless KickGaming.com, the employees, directors, and owners of KickGaming.com and its affiliated companies, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the KickGaming.com website or the use or misuse of KickGaming.com by a third party using your login and password.
No product offered by KickGaming.com was produced by Sony Corp. nor any of its affiliates or representatives. No KickGaming.com modifications or products are endorsed by SCEA; therefore they hold no responsibility for the use of any modification or product with their products. PSP, PlayStation, PSone, PSX and PlayStation2 are registered trademarks of Sony Computer Entertainment, to which we have no affiliation.
No product offered by KickGaming.com was produced by Nintendo nor any of its affiliates or representatives. No KickGaming.com modifications or products are endorsed by Nintendo; therefore they hold no responsibility for the use of any modification or product with their product. Nintendo, Gameboy, Gameboy Advance, Gameboy Advance SP, Gamecube and Nintendo DS Lite are registered trademarks of Nintendo of America Inc., to which we have no affiliation.
No product offered by KickGaming.com was produced by Microsoft nor any of its affiliates or representatives. No KickGaming.com modifications or products are endorsed by Microsoft; therefore they hold no responsibility for the use of any modification or product with their product. Microsoft is a registered trademark of Microsoft, to which we have no affiliation.
Your receipt of an electronic or other form of order confirmation signifies our acceptance of your order. Kick Gaming reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. Kick Gaming is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Kick Gaming.
Any offer/order for more than 3 units per address, customer or company may be rejected, and all orders are subject to review and acceptance by Kick Gaming. KickGaming.com reserves the right to limit quantities at any point without any prior notice. If there is a price or availability change, then your order may not be accepted, or we may have to communicate price changes or availability issues to you after you place your order before it can be shipped.
Every third party product you buy from Kick Gaming is backed first by the product manufacturer's warranty. Kick Gaming's 90 day limited warranty against defects, also applies. Kick Gaming's 90 day limited warranty is a defective exchange policy that provides for either repair or replacement of merchandise that has been confirmed as defective by either the manufacture or Kick Gaming. Hardware confirmed as defective by the product manufacture or Kick Gaming will either be exchanged or repaired at our sole discretion within the first 90 days of ownership only. After 90 days the product manufacture warranty is the only warranty in effect. Terms and conditions may vary by product or manufacture. Kick Gaming will assist customers whenever possible in gaining satisfaction with product manufactures. For assistance or to exchange a defective product please contact us and we will provide you the necessary information on getting your product exchanged. We reserve the right to refuse for return or charge a restocking fee for damaged or incomplete returns. No returns or exchanges will be accepted without the prior approval issued by Kick Gaming.
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