USER AGREEMENT
Rent All The Games You Want For As Low As 599/mo.
All Original Titles, Play Games For As Long As You Like! No Overdue Charges!
Welcome to Gamehopper's User Agreement. This agreement describes the terms and conditions applicable to your use of Gamehopper's systems and services. By submitting your registration, you hereby agree to the terms and conditions stated below.
Definition of Terms
Member Date - This is the date where the member signed up and registered at the site.
Start Date - This refers to the beginning of the service wherein the client will be charged the Monthly Service Fee upon submission of the necessary documents.
End Date - This is the date where the member's account is charged the Monthly Service Fee. This is found in the RPS Form where the member will be charge on either the 7th, 14th or 21st of the month the nearest day when they signed up.
MSF - The Monthly Service Fee is the actual monthly charges each member pays which will be charged on his/her end date.
Gamebox - GameBox consists of the list of videogame titles that a member wants to rent. You shall be allowed to fill up 15 to 30 preferred videogame titles in your GameBox upon your registration with Gamehopper. Preference shall be given to the videogame title in the order that it is listed in the GameBox. Thus, should the first videogame title in the GameBox be unavailable for rental, the next title in the list may be rented out. You may update your GameBox at anytime. However, reservations will not be honored. Gamehopper does not guarantee constant availability of its videogame titles and network systems.
Use of the Site.
Use of Gamehopper, its systems and services are governed by this User Agreement and other guidelines. Gamehopper provides an online venue that allows members to rent original videogame titles and play games for as long as the member wants upon payment of the applicable membership and monthly service fee. Use of said services should be in compliance with this User Agreement and other published guidelines found on this site.
Modification of User Agreement.
Gamehopper reserves the right to change the terms and conditions, and notices of this User Agreement, including but not limited to the charges associated with the use of the Gamehopper. You are responsible for regularly reviewing these terms and conditions and the additional terms posted on this site.
Registration.
To become a member of Gamehopper, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable membership form at www.gamehopper.com.ph. Gamehopper shall not be liable for any act or omission arising out of or in connection with an incompletely or erroneously filled membership form. You then will choose a password and a username. You shall accomplish your own GameBox which will contain the list or line-up of videogame titles that you want to rent.
You shall be responsible for updating the information which you have provided to ensure that the information is always current and valid. You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gamehopper immediately of any unauthorized use of your account or any other breach of security. Gamehopper will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gamehopper or any other party due to someone else using your account or password. You may not use anyone else's account anytime, without the permission of the account holder.
Membership.
The use of our systems and services is limited to individuals or entities who can enter into and form legally binding contracts under applicable laws and use the Gamehopper services in accordance with all the terms and conditions herein. You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement and to use the services in accordance with all the terms and conditions herein. Minors (i.e. below 18) are not allowed to register.
As a member of Gamehopper, you agree to be financially responsible for all the use of the Services (as well as for the use of their account by others, including without limitation minors living with you. You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number and credit card number.
Prospective members should provide truthful and accurate information when registering, as registration indicates acceptance of the User Agreement. Supplying fraudulent information will be grounds for denial of membership and civil and criminal liabilities. Gamehopper reserves the right to deny the use of its systems and services to anyone at anytime and for any reason whatsoever in its sole discretion.
A monthly service fee in the amount of Five Hundred Ninety Nine Pesos (P599.00), shall likewise be charged to the members of Gamehopper for the use of the Gamehopper systems and services. The monthly service fee is charged every month that the Gamehopper systems and services are utilized.
Plan 1game-out @ P599.00 / month : Try as many games as you want, at 1 game at a time
Members can try games base on their subsciribed plan, and can change games as often as they want. A fixed monthly rate of P599 will be charged for every month of service. Payment options are managed by a third party payment facility.
Credit Card (by BDO / Equitable Card Network)
Using credit card will waive the membership fee of 2500PhP. Gamehopper accepts all major credit cards JCB, Mastercard, Visa, or AMEX. The payment transaction is done online by our secured payment gateway. Members shall provide Gamehopper of his duly filled up and signed RPS Enrollment Form sent through Email, or Fax to (02)239-1689 Gamehopper reserves the right not to release games if requirements have not been complied.
Cash Deposit (through BDO)
Using cash deposit will require a minium payment of 3 months membership (Php1797) with other options including 6 months (Php3099)and 12 months (Php5899). Members shall provide an ID and a copy of the deposit slip before we can accept the payment.
Mozcom Payeasy (by Mozcom, Inc)
Using the non-card option through Mozcom Payeasy Wallet will require a member to pay a one-time Non-Refundable membership fee of 2500PhP. This membership fee is different from the Monthly Service Fee of Phpo599. Members who choose this payment option must open and fund a Mozcom Account. Please see www.payeasy.ph for more information.
Gamehopper reserves the right to alter any and all fee from time to time, without notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
GameBox.
GameBox consists of the list of videogame titles that a member wants to rent. You shall be allowed to fill up 15 to 20 preferred videogame titles in your GameBox upon your registration with Gamehopper. Preference shall be given to the videogame title in the order that it is listed in the GameBox. Thus, should the first videogame title in the GameBox be unavailable for rental, the next title in the list may be rented out. You may update your GameBox at anytime. However, reservations will not be honored. Gamehopper does not guarantee constant availability of its videogame titles and network systems.
Delivery Service.
Delivery of the Gamehopper videogame title will be via Gamehopper delivery service. A delivery fee shall be charged to a member in an amount depending on the member's delivery address and form of payment of Gamehopper MSF. Gamehopper shall have the right to refuse delivery of videogame titles for reasons including, but not limited to, any of following instances: (1) ordinary unfavorable weather conditions; (2) non-availability of videogame titles to be delivered by Gamehopper; (3) failure to return previous videogame title; (4) refusal to pay monthly service fee; (5) labor problem, including strikes and lockouts, or dispute involving the Gamehopper's employees or personnel or those of its agents or suppliers; or (6) force majeure or fortuitous events.(7) Areas wherein the safety of delivery rider deem to be comprimised. For provincial members (members residing outside Metro manila), the game will be delivered through accredited courier services (LBC and Air 21). Provincial members get a one (1) time delivery for free every month, succeding delivery for the same month will be charged. Delivery charge rates may vary from time to time depending on the courier and processing charges.
Referral Program
The Gamehopper Referral Program is a service wherein ACTIVE members can participate to avail discounts on their Monthly Service Fee. Each member is given a graphical user interface wherein he/she can enlist email addresses to be referred. Email addresses are character sensitive, typographical errors are not accepted. A member can nominate up to 5 email addresses of his / her friends. Provided that email has not been registered with Gamehopper. Each nominated email address will receive an email invitation in behalf of the member. However a member can edit his referral list at anytime. In case an email address was removed from the list and that email address was used to sign up , the referral point will be awarded to the member who has enlisted the said email address. No referral points will be awarded to anyone if the email address has not been listed. Discount rates shall be subject to the discount rate table. A referral is considered successful, when the email address has signed up and activated his/her account. Each ACTIVE Referral is valid until the member's incoming billing date cut off (3 days before billing date). If ACTIVE Referrals do not meet the minimum count of 3 before the cut off, the activated referrals will be deemed invalid and will not be carried over for the next month.
Game Titles.
Each videogame title is delivered in the Gamehopper packaging, affixed with security stickers and should not be tampered in any way. The Original manual and box of the videogame title are not included in the rented videogame title. Should the videogame title delivered be defective, Gamehopper shall replace the same free of delivery charge upon prior notice by the member of the alleged defect to Gamehopper. Failure to give prior notice of defect to Gamehopper within three (3) days from receipt of the videogame title shall mean receipt of the videogame title in good condition. Gamehopper shall not be liable for any loss or damage that may arise out of or in connection with the defective videogame title.
Freezing and Re-activation of Account
Members who would wish to freeze their account should access their account online and click on the freeze button found in the account page. Once a member requests for freezing of account, the game will be scheduled for pick up the next business day. Freeze requests must be made at least 3 days prior to the member's billing end date.
Re-activation of account will be done by accessing the members account online. The member must submit all requirments upon confirmation of payment.
Penalties and Charges
A member's account shall be deemed terminated (Suspended) upon the happening of any of the following circumstances: (a) The member has been INACTIVE for a period of six (5) months (member is considered inactive if the member fails to pay the Monthly Service Fee); (b) The member refuses to pay the membership fee, or any other charges, fees, duties, taxes, and assessments arising out of the use of the services for any charges; (c) The member should provide false and erroneous information and (d) The member shall commit fraudulent or abusive conduct or any other act in violation of any applicable laws or rules.
A videogame title shall be considered sold when the Media (Disc, UMD, Card or Cartridge) of the videogame title is (a) damaged and /or vandalized in whole or in part; and (b) tampered by the removal of its security stickers and other security materials. In which event, the member who causes any of the foregoing act shall be held liable to pay for the full amount of the cost of the videogame title.
Suspended Account
Non-card members (paid through Mozcom Wallet) when suspended will have to pay unpaid dues plus a reactivation fee of 500PhP first to be able to reactivate his account. Old plans (cash payments) when suspended will choose from two options : 1) Apply for a new account with a different address paying 2,500PhP for the membership fee plus 599PhP for the monthly service fee 2) Upgrade to the new plans paying through either Mozcom Wallet or credit card and pay 500PhP upgrade fee plus 599PhP monthly service fee.
INTELLECTUAL PROPERTY RIGHTS.
Proprietary Rights.
You acknowledge that the videogame titles being rented out contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the existing copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission from the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Distribution and uploading of content.
Gamehopper videogame titles shall be used for personal purposes only. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Gamehopper, nor its affiliates, nor any of their officers, directors, employees, agents, suppliers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
DISCLAIMERS AND LIMITATION OF LIABILITY.
You expressly agree that use of gamehopper.com.ph is at your sole risk. Neither Gamehopper.com.ph, nor its affiliates, nor any of their officers, directors, employees, agents, merchants, licensors warrant that gamehopper.com.ph will be uninterrupted, secure or error-free. Gamehopper shall not be liable for any loss or damage arising out of or in connection with your use of the videogame title.
You shall render Gamehopper free and harmless from any and all claims, liabilities, demands, actions, obligations, losses, injuries, damages and proceedings whatsoever made against Gamehopper by any person whosoever arising out of or in connection with (a) your fault or negligence or your officers, employees or agents, (b) any violation of the representations and warranties hereunder, or (c) any violation of any law, ordinance or rules and regulations. Further, you agree that Gamehopper shall not be liable or responsible under any circumstances, whether tortuous or otherwise, for any loss, damage, injury or disturbance you incurred, or by your employees, agents, or any other person whosoever, arising out of or in connection with the use of the videogame titles, which were not caused by the fault or negligence on the part of Gamehopper. You shall indemnify and hold the Gamehopper free and harmless against any and all claims, demands, actions, obligations, liabilities, loss, injuries, damages and proceedings whatsoever made against Gamehopper by any person whosoever by reason of your fault or negligence or those which Gamehopper shall not be liable for under this provision, and against all costs and expenses incurred by Gamehopper with respect of such claims, demands, actions, obligations, liabilities, loss, injuries, damages and proceedings.
Termination
Gamehopper reserves the right to deny the use of any of its system and services to anyone at any time and for any reason without prior notice, In addition, Gamehopper may terminate membership and member's access, or suspend any member's access to all or part of Gamehopper.com.ph, without prior notice, for any fraudulent or abusive conduct or commission of any act which Gamehopper, in its sole discretion, believes is in violation of any applicable laws or rules. Should you want to terminate your membership, you shall immediately notify Gamehopper thereof. Upon your termination of the membership, you shall be allowed to keep the current title in your custody at the time of termination.
