1. Overview

Welcome to Perspective Games.

These Terms of Service govern your use of the Perspective Games website, online store and related services, including purchases made through perspectivegames.com.au.

In these Terms, “Perspective Games”, “we”, “us” and “our” refer to Perspective Games, trading as Perspective Games.

Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to sell our products to you.

By accessing our website, creating an account or placing an order, you agree to these Terms together with our:

• Privacy Policy;
• Refund and Returns Policy;
• Shipping Policy; and
• any specific promotional or product terms displayed at the time of purchase.

Nothing in these Terms excludes, restricts or modifies any right or remedy available to you under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, where those rights cannot lawfully be excluded.

2. Eligibility and Accounts

You must be legally capable of entering into a contract to purchase products from us.

If you create an account, you are responsible for:

• ensuring the information you provide is accurate and current;
• maintaining the security of your login details; and
• activity undertaken through your account.

You must notify us if you believe your account has been accessed without authorisation.

3. Our Products

We make reasonable efforts to accurately describe and display our products.

Product photographs, digital renders, prototypes and pre-production images are intended to provide a reasonable representation of the final product.

Because some products may be displayed before final manufacture, there may be minor variations in colour, artwork, packaging, materials, dimensions or appearance.

For example, the final Perspective game cover or collectible coin may vary slightly from images displayed during the pre-order period.

Where a proposed change is material to the nature or functionality of the product, we will take reasonable steps to notify affected customers.

We may update, modify or discontinue products from time to time.

4. Pre-Orders

Some Perspective Games products may be made available for pre-order before manufacturing has been completed or stock is available for immediate dispatch.

Where a product is offered for pre-order:

• this will be identified on the relevant product page;
• payment may be taken at the time the order is placed;
• the anticipated production and delivery timeframe will be displayed or otherwise communicated to you; and
• estimated dates are not guaranteed delivery dates.

Manufacturing, international freight, customs processing, carrier delays and other matters outside our reasonable control may affect delivery dates.

We will provide reasonable updates if there is a material change to the anticipated delivery timeframe.

If we are unable to supply your pre-ordered product, or there is a significant delay that gives rise to rights under the Australian Consumer Law, we will provide an appropriate remedy.

Consumer rights continue to apply to online and pre-order purchases.

5. Orders

When you submit an order, you are offering to purchase the products included in that order.

An order is accepted when we confirm acceptance and successfully process payment.

We may decline or cancel an order where reasonably necessary, including where:

• a product is unavailable;
• an obvious pricing or product error has occurred;
• payment cannot be processed;
• we reasonably suspect fraud or unauthorised activity; or
• we cannot lawfully supply the product.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products.

Please check your order carefully before submitting it.

6. Prices and GST

Unless expressly stated otherwise, prices displayed to Australian consumers are in Australian dollars (AUD) and include GST where GST applies.

Delivery charges and optional extras will be shown before you complete your purchase.

Australian consumer pricing rules generally require businesses to display the minimum total price, including taxes and unavoidable charges.

Prices may change from time to time, but changes will not retrospectively affect an order that has already been accepted.

7. Payments

Payment must be made using one of the payment methods made available through our store.

Payments may be processed by Shopify Payments or another third-party payment provider.

You confirm that you are authorised to use the payment method supplied.

We do not generally store complete payment-card details ourselves.

8. Shipping and Delivery

Shipping options and charges will be displayed at checkout.

Delivery timeframes are estimates unless expressly stated otherwise.

We will use reasonable efforts to dispatch products within the timeframe communicated to you.

Delivery may be affected by matters including:

• carrier delays;
• weather or natural events;
• manufacturing delays;
• international freight;
• customs processing; and
• circumstances outside our reasonable control.

If a material delay occurs, we will provide reasonable updates where practicable.

You are responsible for providing an accurate delivery address.

If an order is returned because an incorrect or incomplete address was supplied, reasonable redelivery charges may apply.

Nothing in this section limits your rights under the Australian Consumer Law where goods are not supplied within an agreed or reasonable timeframe.

9. Free Shipping Promotions

From time to time we may offer free shipping when an order reaches a specified minimum value.

Any minimum spend, geographical restrictions and promotional period will be displayed when the offer is made.

Unless otherwise stated:

• the qualifying amount is calculated after discounts;
• cancelled or refunded products may affect eligibility; and
• free shipping applies to the standard eligible shipping method.

10. Returns, Faulty Products and Australian Consumer Law

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

If a product has a major problem, consumers may be entitled to choose a refund or replacement and may also be entitled to compensation for reasonably foreseeable loss or damage.

Where a problem is not major, consumers may be entitled to have the product repaired or replaced within a reasonable period.

These rights apply independently of any voluntary warranty or returns policy we provide.

Our separate Refund and Returns Policy explains how to contact us and arrange a return.

Change of mind

The Australian Consumer Law does not generally require a business to provide a refund simply because a customer changes their mind.

Where we voluntarily offer change-of-mind returns, those returns will be governed by our Refund and Returns Policy.

Nothing in our change-of-mind policy limits your statutory consumer rights.

11. Limited Edition and Collectible Products

Certain Perspective Games products are produced in limited quantities.

Where a product is described as limited edition, the applicable quantity will be stated on the product page.

The Founding Member Collector's Edition is intended to be limited to 100 editions, with each edition including an individually numbered Founding Member Collector Coin.

The Founding Member coin is intended to be exclusive to this initial release and will not form part of the ordinary Perspective collectible coin range.

Unless expressly stated otherwise:

• individual numbers are allocated at our discretion;
• customers cannot request a particular number;
• images of collectible products may depict pre-production designs; and
• minor production variations may occur.

Once a limited allocation sells out, we may decline further orders for that edition.

12. Perspective Collectible Coins

Perspective Games may release collectible coins associated with individual games or future product releases.

These collectible coins are separate from the limited Founding Member coin.

Future games may have their own designs, editions and production quantities.

The existence of a collectible coin for one Perspective Games product does not guarantee that all future products will include or offer a coin.

13. Play with Purpose  $1 Contribution

Perspective Games is committed to supporting disability, inclusion and community initiatives.

For each eligible Perspective game sold, we contribute $1 to a participating disability or inclusion organisation or initiative.

Where available, customers can choose which participating organisation receives the contribution associated with their purchase.

Current participating organisations or initiatives may include:

• Freedom Sports Foundation;
• Restless Dance Theatre;
• Bus Stop Films; and
• Para-Athlete Fund.

Participating organisations may change over time.

The relevant selection options will be displayed on eligible product pages.

For the purposes of calculating contributions, a sale is considered completed once the relevant order has been fulfilled and has not been cancelled or refunded.

The $1 contribution is made by Perspective Games and is not an additional charge to the customer.

14. Promotional Gifts

We may periodically offer complimentary products, collectible items or other promotional benefits where customers meet an advertised purchase threshold.

For example, launch promotions may provide a complimentary collectible item where the minimum qualifying spend is reached.

Promotional gifts:

• are available while allocated stocks last;
• have no cash alternative unless required by law;
• may be limited to one per order or customer;
• may not be exchanged for another product; and
• may cease when the advertised promotional period or stock allocation ends.

Specific promotional terms displayed at the time of the promotion take precedence over this general section.

15. Product Safety and Game Use

Perspective Games products should be used in accordance with the instructions, age recommendations and safety information supplied with the product.

Adult supervision should be provided where appropriate.

Customers should not undertake a game challenge where doing so would be unsafe or inappropriate due to their surroundings, individual circumstances or abilities.

Players may modify, skip or replace any challenge where necessary.

Perspective is designed to encourage fun, communication and consideration of different ways people experience and navigate the world.

The game does not claim to recreate the lived experience of a person with disability.

16. Intellectual Property

Unless otherwise stated, all content associated with Perspective Games is owned by or licensed to us.

This includes:

• Perspective Games branding;
• logos;
• game concepts and presentation;
• artwork;
• characters;
• card designs;
• text;
• website content;
• photographs;
• graphics;
• product packaging; and
• collectible designs.

Our intellectual property is protected by applicable Australian and international intellectual-property laws.

You may use our website for personal, non-commercial purposes.

You must not reproduce, distribute, commercially exploit, modify or create derivative commercial products from our intellectual property without our prior written permission.

17. Third-Party Services and Links

Our website may contain links to or functionality provided by third parties, including:

• Shopify;
• payment providers;
• delivery providers;
• social-media platforms; and
• participating community organisations.

We are not responsible for third-party websites or services that are outside our control.

Third-party services may be governed by their own terms and privacy policies.

18. Shopify

Our online store is hosted by Shopify.

Purchases made through our store are transactions between you and Perspective Games, not between you and Shopify.

Shopify provides ecommerce and payment-related technology that enables us to operate our store.

19. Privacy

We handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

Our Privacy Policy explains how information may be collected, used, stored and disclosed, including where Shopify and other service providers assist us in operating the store.

20. Marketing Communications

Where you subscribe to Perspective Games emails or marketing communications, we may send you information about:

• new games;
• pre-orders;
• product launches;
• promotions;
• competitions;
• Play with Purpose initiatives; and
• other Perspective Games news.

You can unsubscribe using the link included in our marketing emails.

Transactional messages relating to orders, deliveries or customer service may still be sent where reasonably necessary.

21. Feedback and Reviews

If you voluntarily submit reviews, suggestions, photographs or other feedback, you confirm that you have the right to provide that material.

You permit us to use feedback submitted to us for reasonable business and promotional purposes, subject to applicable privacy and intellectual-property laws.

We will not knowingly publish misleading or fabricated customer reviews.

22. Errors and Inaccuracies

Occasionally our website may contain an error relating to matters such as:

• product descriptions;
• availability;
• pricing;
• promotional information;
• shipping rates; or
• delivery estimates.

We may correct genuine errors as soon as reasonably practicable.

Where an error materially affects an accepted order, we will contact the customer and provide an appropriate option, which may include proceeding on corrected terms or receiving a refund.

Nothing in this section permits us to engage in misleading or deceptive conduct.

23. Prohibited Use

You must not use our website:

• unlawfully;
• fraudulently;
• to interfere with the security or operation of the website;
• to introduce malicious software;
• to impersonate another person;
• to infringe intellectual-property rights;
• to harvest personal information without authority; or
• in any way that materially interferes with another person's use of the website.

We may restrict access where we reasonably believe these Terms have been materially breached.

24. Availability of the Website

We do not guarantee that the website will always be available without interruption.

We may temporarily suspend access for:

• maintenance;
• updates;
• technical problems;
• security reasons; or
• circumstances outside our reasonable control.

25. Liability

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy under the Australian Consumer Law or another applicable law that cannot lawfully be excluded.

Subject to those rights, we are not responsible for loss caused solely by:

• misuse of a product contrary to supplied instructions;
• unauthorised alteration of a product;
• incorrect information supplied by the customer; or
• events beyond our reasonable control,

except to the extent that liability cannot lawfully be excluded.

Any limitation in these Terms applies only to the maximum extent permitted by law.

Australian businesses cannot contract out of mandatory consumer guarantees.

26. Governing Law

These Terms are governed by the laws of South Australia, Australia, and applicable laws of the Commonwealth of Australia.

Nothing in this section limits any right a consumer may have to bring a claim in another jurisdiction where applicable consumer law permits them to do so.

27. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary.

The remaining provisions will continue to operate.

28. No Waiver

If we do not immediately exercise a right under these Terms, that does not mean we have waived that right.

29. Changes to These Terms

We may update these Terms from time to time.

The latest version will be published on this page together with the date it was last updated.

Changes will not retrospectively remove statutory rights or materially alter an already accepted order unless permitted by law and agreed where required.

30. Contact Information

Questions about these Terms, an order or your consumer rights can be directed to:

Perspective Games
Trading entity: Perspective Games
ABN: 60 675 670 041
Email: sales@perspectivegames.com.au
Website: perspectivegames.com.au
Phone: 1300 341 656