Terms of service

Welcome to Sinki Games. In these Terms of Service ("Terms"), "we", "us" and "our" mean Sinki Games. We operate this store and website, including all related content, features, tools, products and services (the "Services"). Our store is powered by Shopify.

These Terms, together with our Privacy Policy and Refund Policy, set out your rights and responsibilities when you use the Services. Please read them carefully - they include important information about warranties and our liability.

By visiting or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

1. Eligibility and accounts

By using the Services you confirm that you are at least 18 years old, or that you are using the Services with the consent and supervision of a parent or guardian. You are responsible for keeping your account details secure and for all activity under your account. You may not sell, transfer or assign your account to anyone else.

Where we ask for information - such as your email, billing, payment or shipping details - you confirm that it is accurate, current and complete, and that you are entitled to provide it.

2. Our products

We do our best to represent our products accurately online, but colours and appearance may vary depending on your device and screen settings, and we can't guarantee that what you receive will look identical to what's shown. Product descriptions may change at any time, and we may discontinue a product or limit quantities available to any person or region at our discretion.

3. Orders, prices and payment

When you place an order you are making an offer to purchase. We may accept or decline any order at our discretion, and your order is not accepted until we confirm it and process your payment. Please check your order carefully before submitting, as we may be unable to change or cancel it once accepted. If we can't accept, change or cancel an order, we'll try to contact you using the details you provided.

Prices are shown in Australian dollars (AUD) and, where applicable, include GST. Shipping and handling are shown separately at checkout. Prices and promotions may change without notice; the price that applies is the one in effect when you place your order, as set out in your confirmation email. Where promotion terms conflict with these Terms, the promotion terms apply.

You confirm that the payment details you provide are true and that you are authorised to use them, and you agree to pay all charges incurred at the prices shown, including shipping and any applicable taxes. Your purchases are for your own personal or household use, not for commercial resale or export.

4. Shipping and delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs or other events outside our control. Risk of loss passes to you once we hand the products to the carrier. Nothing in this section limits your rights under the Australian Consumer Law (see section 12).

5. Returns

Returns and exchanges are handled in accordance with our Refund Policy, and in addition to your rights under the Australian Consumer Law.

6. Intellectual property

The Services - including our trademarks, text, images, graphics, video, audio, and their selection and arrangement - are owned by Sinki Games or its licensors and are protected by copyright, trademark and other laws. You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, republish, store or transmit any of our material without our prior written consent.

"Sinki Games" and our logos, product names and slogans are our trademarks and may not be used without our permission. Shopify's trademarks belong to Shopify, and all other trademarks belong to their respective owners.

7. Third-party tools and links

The Services may give you access to third-party tools and links to third-party websites that we do not control or monitor. These are provided "as is", without warranty or endorsement, and you use them at your own risk. We are not responsible for the content, accuracy, products or practices of any third party - please review their terms and policies before you engage with them, and direct any concerns about their products or services to them.

8. Relationship with Shopify

Our store is powered by Shopify, but any sales and purchases you make are made directly with Sinki Games. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Sinki Games, including any injury, damage or loss resulting from the products or services purchased. You release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with Sinki Games.

9. Privacy

All personal information we collect through the Services is handled in accordance with our Privacy Policy, and some information may also be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, information you submit may be transmitted to and processed by Shopify and its partners, who may be located outside Australia, in order to provide the Services to you. See our Privacy Policy for details.

10. Feedback

If you send us any ideas, suggestions, reviews or other feedback ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish and display it for any purpose, including promoting the Services. You confirm that you own or have the rights to your Feedback, that it won't infringe anyone's rights or contain unlawful, abusive or malicious content, and that you won't misrepresent who you are. We are not obliged to keep Feedback confidential, pay for it, or respond to it, and we may remove Feedback we consider objectionable at our discretion.

11. Prohibited uses

You may use the Services for lawful purposes only. You must not use the Services to: break any law or regulation; infringe our or others' intellectual property; harass, abuse, defame or harm any person; transmit false or misleading information or spam; impersonate anyone; upload viruses or malicious code; scrape, copy, resell or exploit any part of the Services; collect others' personal information; or interfere with, bypass or circumvent our security measures. We may suspend or terminate your access at any time if we believe you have breached these Terms.

12. Your consumer rights (Australian Consumer Law)

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that the law says cannot be excluded. Where our liability can lawfully be limited, sections 13 and 14 apply.

13. Disclaimers

Information on the Services is provided for general information only, and we do not warrant that it is accurate, complete or useful - any reliance on it is at your own risk. Except as expressly stated by us and subject to section 12, the Services and all products are provided "as is" and "as available", without warranties of any kind. We do not guarantee that the Services will be uninterrupted, secure or error-free.

14. Limitation of liability

To the fullest extent permitted by law, and subject to section 12, neither Sinki Games nor Shopify (nor our respective directors, officers, employees, affiliates, agents, contractors or licensors) will be liable for any indirect, incidental, special, punitive or consequential loss, including lost profits, lost revenue, lost data or replacement costs, arising from your use of the Services or any product, however that liability arises.

15. Indemnity

You agree to indemnify and hold harmless Sinki Games, Shopify and our respective affiliates, officers, directors, employees, agents, contractors and licensors from any losses, damages, liabilities or claims (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Services.

16. Automated agents

If you use or deploy any automated agent (software that acts autonomously on your behalf) to access the Services, it must clearly identify itself as an agent, must not mimic human behaviour or circumvent CAPTCHAs or other controls, and must respect any technical measures we use to limit automated access. We may restrict or block automated access at any time.

17. Errors and changes to these Terms

The Services may occasionally contain errors, inaccuracies or omissions relating to descriptions, pricing, promotions, availability or shipping. We may correct these and change or cancel orders based on inaccurate information at any time without prior notice. We may also update these Terms at any time by posting the revised version on this page; material changes will be notified in accordance with applicable law, and your continued use of the Services means you accept the updated Terms.

18. General

Termination.
We may terminate your access to the Services at any time at our discretion, and you remain liable for amounts owing up to the date of termination. Sections that by their nature should survive termination (including Intellectual Property, Feedback, Consumer Rights, Disclaimers, Limitation of Liability, Indemnity and this General section) will continue to apply.

Assignment.
You may not assign or transfer these Terms without our written consent. We may assign them without notice to you.

Severability and waiver.
If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will stay in effect. Our failure to enforce any right is not a waiver of it.

Entire agreement.
These Terms and the policies referenced in them are the entire agreement between you and us and supersede any prior agreements. Headings are for convenience only.

Governing law.
These Terms are governed by the laws of New South Wales, Australia, and you and Sinki Games submit to the non-exclusive jurisdiction of the courts of that state.

19. Contact

Questions about these Terms can be sent to info@sinkigames.com.

Sinki Games Pty Ltd,
PO Box 38, South Hurstville NSW 2221, Australia
ABN 70 695 680 838
info@sinkigames.com