BoardGame2Go Terms and Conditions
Please read the following terms of service (the ‘Terms’) carefully as they will outline and contain important information. If you do not agree with the following terms, do not use BoardGame2Go’s services or create reservations with BoardGame2Go. Please sign out and contact us at firstname.lastname@example.org to remove permanently your Account. This is a legally binding agreement between BoardGame2Go and the user and also constitutes the Rental and Purchase Agreement between BoardGame2Go and the user for all rental and purchase reservations made by the user.
BoardGame2Go Inc. (hereafter referred to as ‘BoardGame2Go’/’we’/’us’/’our’) owns and operates the BoardGame2Go mobile application (the ‘App’) as well as the website located at www.boardgame2go.com (the ‘Website’), and collectively known as the “Platform”. The Platform enables users to sign up with BoardGame2Go and allows them to create reservations (‘Reservations’) in order to rent (‘Rental Reservations’) or buy (‘Purchase Reservations’) board games or any other products offered on the Platform (collectively, the ‘Products’), as well as other related services (the ‘Services’). The Terms apply to all users, including users who download, use, view or access contents on the Platform.
By visiting the Platform, creating an account through the Platform or otherwise using the Services, you are accepting these Terms. If you do not accept these terms, do not use the Platform or any of its content or Services. The terms may be revised or updated by us from time to time and we will see commercially reasonable efforts to provide users with advance notice of any changes. It is your responsibility to review these terms for any changes. Your use after any revisions or updates of these terms shall acknowledge your acceptance of such revised terms. Any new features that may be added to the Services from time to time will be subject to these terms unless stated otherwise. You should visit this page periodically to review these terms.
1. Registration and Accounts
In order to use the Services, you must register for an account (your ‘Account’). Registering for an account is free. You agree to (a) provide accurate, current and complete information as may be prompted by any registration forms (‘Registration Data’); (b) maintain the security of your password, and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date. Users that have an Account with BoardGame2Go are considered BoardGame2Go members (the ‘Members’). Members can update their Registration Data at any time in their Member Profile page, except for the email. To change the email address linked to the Account, please contact BoardGame2Go at email@example.com.
You are only allowed to create one (1) account. If we find out that you have created multiple accounts, all duplicate accounts will be deleted. If there are any Reservations in the duplicate accounts, they may be canceled and the Member will bear all related costs.
In order to register for an Account, you must be at least 18 years old. BoardGame2Go reserves the right to amend its eligibility criteria at any time.
1.3 Account Suspension or Termination
BoardGame2Go reserves the right to suspend or terminate your account and consequently your membership to BoardGame2Go if a) you have not been compliant to these Terms; b) illegal activities have been detected in your account; c) abuse when using the Services or the Platform has been detected in your account; d) activities in your account are deemed non-appropriate and not in good faith for the intended use of the Services.
Members will be advised by email of any account suspension or termination. BoardGame2Go will not be held responsible or liable for any consequences resulting from the account suspension or termination, which may include canceled Reservations and additional charges.
1.4 Personal Information
1.5 Organization Accounts
If you register for an Account or use the Services on behalf of any organization, entity or third-party, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
1.6 Billing Information
Members are required to provide valid credit card information in order to make Rental or Purchase Reservations, which will be provided to BoardGame2Go’s third-party payment processor (‘Payment Processor’) and used for payment of fees, as well as for pre-authorizations that may be processed for fees and/or deposits in accordance to the Terms. Members are also required to maintain valid credit card information for the entire period of any Rental Reservation from 9am on the starting date of the Rental Reservation until 11h59pm on the ending date of the Rental Reservation. Members may provide more than one valid credit card information to be saved under their account (‘Saved Credit Cards’). Members are responsible of ensuring that there is enough room on their default credit card to process the deposits required for Rental Reservations in accordance to these Terms. If BoardGame2Go is unable to process the pre-authorization for deposit purposes on the default credit card of the member, BoardGame2Go reserves the right to process the pre-authorization for deposit purposes on the next Saved Credit Card, if any, in order to maintain the Rental Reservation of the Member. Members shall maintain and promptly update their credit card information as necessary to ensure it is up to date. For any inquiries or to change the payment method of a Reservation, please contact us at firstname.lastname@example.org.
1.7 Member Addresses
Members may enter a number of addresses for delivery and return purposes. The address can be either residential (‘Home’) or an office (‘Work’). BoardGame2Go can provide delivery and/or return services if the address is within our delivery zone. The list of postal codes that are included in our delivery zone is available in the Q&A section on our Platform. If your address is not in our delivery zone, you can pass by our store to pick-up or drop-off the Products by selecting the ‘In-Store Pick-Up’ or ‘In-Store Drop-Off’ method.
Members can select whether or not an address has a security, concierge or receptionist available to accept delivery packages or to return packages. For a residential building, a security or concierge is defined as (a) an individual hired by the building management; (b) an individual that is responsible for the safeguard of courier and delivery packages, and that will communicate with the Member to confirm that a package has arrived for the Member; and (c) an individual whose work station is located at the lobby of the residential building. For an office building, a receptionist is defined as (a) an individual hired by the building or the company; (b) an individual responsible for the safeguard of courier and delivery packages, and that will communicate with the Member to confirm that a package has arrived for the Member; and (c) an individual whose work station (or mail room) is readily accessible either at the lobby of the building or near the elevators on the main floor of the company.
Members that enter a Work address can do so only if there is a receptionist available, as defined above. If no security, concierge or receptionist is available at an address, the only method available, if the address is in our delivery zone, will be ‘In-Person Delivery’ or ‘In-Person Return’ where we will go to your residential door for delivery or return purposes.
Please note that BoardGame2Go may charge an additional delivery or return fee, as well as administration fees if the delivery or return could not be completed because Members (a) provided the wrong address information; or (b) Members were not available for an ‘In-Person Delivery’ or ‘In-Person Return’ during the selected Time-Frame and after two (2) attempts to contact the Member by cell phone or email as provided on their Account.
Members authorize BoardGame2Go to contact them using their personal information, either by email or cell phone, when the purpose of the communication is related to Rental or Purchase Reservations made by the Member.
By adding Products in the Wish List, Members also authorize BoardGame2Go to contact them when the Products become available. Members can opt out of this Service any time by removing the Products from the Wish List.
1.9 Membership Points
Members may be able to earn BoardGame2Go membership points (“GO Points”) by making Rental Reservations (see Section 3.11 for more details) or Purchase Reservation (see Section 4.4 for more details).
In addition, Members may also be able to earn GO Points during promotions, events or special occasions, such as GO Points that can be earned through references. In order to receive these GO Points, some conditions may apply, such as the cell phone number on the account must be verified.
Your GO Points will never expire and can be redeemed for free rentals, free rental extensions, free Products and other advantages.
BoardGame2Go reserves the right to cancel any earned GO Points if Members are not respecting these Terms, earning GO Points using duplicate accounts or earning GO Points using illegal or inappropriate methods.
1.10 Membership Status
There are four different levels of membership that Members can have, i.e. Standard, Silver, Gold and Elite Memberships. At the creation of an account, Members will start with a Standard Membership unless a promotion has been given to the Member that allows them to automatically attain a certain level of membership.
To attain the next level of membership, members need to have made a minimum number of Rental Reservations or a minimum number of rented Products. Please refer to our Q&A section to see the thresholds required to attain the different levels of membership, as well as the benefits of each level of membership. The requirements and benefits for each level of membership may be reviewed and modified at any time by BoardGame2Go with or without notice to you.
Once a new threshold has been attained for a certain level of membership in a certain calendar year (January 1st to December 31st), Members will be able to obtain that level of membership for the remaining of the current calendar year and also the next calendar year. The new level of membership will be updated in the account within 5 business days after attaining the new threshold.
At the beginning of each calendar year, if no new threshold has been attained in the previous calendar year, the level of membership will be based on the highest threshold attained in the previous calendar year based on the number of Rental Reservations or number of rented Products.
2. The Services
2.1 Information on Products
The Platform allows Members to browse through hundreds of Products, to obtain useful information on the Products, to find relevant Products or related Products based on criteria and filters. The Platform also allows Members to add Products to their Favorites or Wishlist for future rentals or purchases.
2.2 Availability of Products
The Platform allows Members to view Products that are available for purchase, as well as the availability of Products for rental purposes at a selected reservation date and duration. Availability of individual Products for rental purposes for the next 3 months can be found in the detailed information page.
The Platform allows Members to create Rental Reservations and Purchase Reservations in order to reserve Products for purchase or rental purposes. BoardGame2Go may restrict the number of Reservations that Members may have or the number of Products that Members may have in each Reservation. Please refer to our Q&A section for more details.
3. Rental Reservations
3.1 Rental Agreement
The purpose of creating a Rental Reservation is to reserve Products for Members for rental purposes at a certain starting date (the ‘Reservation Date’) and for a certain duration (the ‘Duration’), which is defined by number of ‘nights’. By reading and agreeing to these Terms, the Member abides to these Terms as the Rental Agreement.
3.2 Dates and Duration
In order to rent Products, Members need to select a Reservation Date, as well as a Duration, which may be limited at the discretion of BoardGame2Go (i.e. 1 Night, 3 Night, 7 Nights). The Rental Reservation will automatically have an ending date (the “Ending Date”) based on the selected Reservation Date and Duration (e.g. if the Reservation Date is Friday and the Duration is 3 nights, then the Ending Date is the next Monday). BoardGame2Go reserves the right to put restrictions around Reservation Dates and Ending Dates (e.g. no Reservation Date or Ending Date can be on a Tuesday or Wednesday, and therefore, reservations starting on Saturday for 3 Nights will have an Ending Date on the next Monday instead of Tuesday). BoardGame2Go also reserves the right to modify the Ending Date in particular situations (e.g. Rental reservations starting on Sunday or Monday for 3 nights will receive a 4th night for free, hence, the Ending Date will be Thursday and Friday, respectively). The “Rental Period” starts at 9h00am on the Reservation Date and ends at 12h00pm on the Returning Date. Once the Reservation Date and Duration are selected, the Member can create Rental Reservations for a number of Products, subject to availability during the selected Rental Period and to other Rental Reservation criteria, such as maximum number of Products in a single Reservation.
3.3 Delivery of Rental Products
The delivery of rented Product(s) for any Rental Reservation is expected to be made on the Reservation Date of the Rental Reservation within the time-frame selected by the Member and delivered using the method selected by the Member to the address selected by the Member. If the Member has selected ‘In-Person Delivery’, the Member must be available at the selected address between 10am and 4pm on the Reservation Date to receive the Product(s). If the Member has selected ‘In-Store Pick-Up’, the Product(s) will be ready for ‘Pick-Up’ after 4pm on the Reservation Date. The time-frames are for references only. BoardGame2Go will make all reasonable possible efforts to deliver the Products within the expected time-frame, but it is not a guarantee. BoardGame2Go will not be liable or be held responsible for any delays in delivering or providing the Products.
Even if the Products were available for the Rental Period when the Member made the Rental Reservation, it is not a guarantee that Members will receive all Products in their Rental Reservation. Due to factors, such as loss, damage or non-return of Products by other Members, BoardGame2Go, in some instances, may not be able to deliver all Products of a Rental Reservation. In that case, BoardGame2Go will communicate the situation to the Member of the Rental Reservation. BoardGame2Go may offer in this particular situation the possibility of cancelling the Rental Reservation, modifying the Product(s) in the Rental Reservation, replacing the unavailable Product(s) by other available Product(s) or simply removing the unavailable Product(s) in the Rental Reservation. The Members will not be charged for any missing Product(s). BoardGame2Go will not be liable or held responsible for any missing Products in Rental Reservations.
For same day Rental Reservations and deliveries, the Rental Reservation needs to be created by 12pm in order to receive the Products by 4pm or created by 6pm in order to receive the Products by 9pm. If the Member has selected ‘In-Person Delivery’, the Member must be available at the selected delivery address between 6pm and 9pm to receive the Product(s). If the Member has selected ‘In-Store Pick-Up’, the Product(s) will be ready for ‘Pick-Up’ after 4pm or 30 minutes after the Rental Reservation has been created if made after 4pm. Please note that ‘In-Store Pick-Up’ is only possible during opening hours of the BoardGame2Go store. These time-frames are for references only and are not guaranteed by BoardGame2Go. BoardGame2Go may change these time-frames at any time.
3.4 Return of Rented Products & Ending the Rental Reservation
On the Ending Date of the Rental Reservation, Members are responsible of returning the Products by 12pm in the original BoardGame2Go delivery bags using the return method selected by the Member. If the Member has selected ‘In-Person Return’, the Member must be available between 10am and 4pm on the Ending Date at the selected address to return the Product(s).
Regardless of the return method selected by the Member, by 12pm on the Ending Date, Members are responsible to end the Ongoing Rental Reservation, which can be done by accessing the Ongoing Rental Reservation in the ‘Reservations’ menu located at the bottom of the App and clicking on ‘End Reservation’. The Member must end the Ongoing Rental Reservation after dropping the Product(s) either In-Store or at the Security/Concierge/Receptionist, or when ready for an ‘In-Person Return’. Please note that ending the reservation indicates that the Product(s) are ready for return using the selected return method. Additional charges or administrative fees may apply if the Product(s) are not ready to be returned or missing at the return address.
The Rented Products may be re-organized or may include additional items provided by BoardGame2Go in order to protect the Products or to provide a better experience to Members. All rented Products are genuine and purchased either directly from the publishers or through proper Canadian channels and distributors. Additions made to the Products for purposes of protecting the Products may include sleeving of cards, providing a deck box for cards, laminating rulebooks and other easily torn components, as well as other possible modifications. In order to provide a better experience to Members, the Products may be re-organized in different labeled bags, dry erasable pens and boards may be provided, a checklist of components may be provided and other possible additions may also be included. No modifications to the Products will actually change any of the components included in the Products.
Notwithstanding the previous statement, please note that due to usage, damages or losses, BoardGame2Go may include components that are not part of the original Product in order to replace these damaged or lost components from the original Product. This may be temporary while waiting for replacements of the original components or permanent if replacement of the original components is impossible. Our focus is keeping the Products functional so Members may use them with no issues.
3.6 Use of Rented Products
Members are responsible for the rented Products, including all components, during the Rental Reservation and must treat the rented Products and components with care and respect. It is strictly forbidden to modify the Product(s) and components, such as removing cards from their sleeves and replacing or exchanging components of the Product(s) with any other components.
BoardGame2Go will inspect each rented Product to ensure all components are complete and undamaged, and that the Product is returned in the same condition that it was delivered to the Member. Members will be liable to cover the cost of damage or replacement of any damages or loss of the rented Products and their components during the Rental Reservation as agreed in these Terms. Please refer to 3.11 Damage/Loss/Excessive Dirtiness of Product Components for more details.
Members understand that some Products may contain components that are not appropriate for young children. Members also understand that some Products may contain mature contents not suitable for a non-adult audience. Members are responsible of supervising the use of the rented Products at all time and who should or should not have access to the rented Products. BoardGame2Go will not be liable for any harm, damages, injuries or death caused by the Products and their components.
3.7 Rental Reservation Issues
If there are any issues with the rented Products, Members must contact BoardGame2Go within 3 hours of receiving the Products after which Members will assume full responsibility of the Products. Issues may include, but not restricted to (1) Missing or wrong Products; and (2) Damaged, missing or wrong components in a Product.
3.8 Cancellations and Refunds of Pending Rental Reservations
Pending Rental Reservations may be cancelled or modified at any time prior to the Reservation Date. If the delivery process has started on the Reservation Date, which can be at any time after 9am, the Rental Reservation will be considered as started and will be therefore considered an Ongoing Rental Reservation. Please note that all Rental Reservations will start automatically at 12pm on the Reservation Date and therefore become Ongoing Rental Reservations. Members will not be able to cancel or modify any Ongoing Rental Reservations, except for the return information, which is available for modification within 24 hours after the Rental Reservation has started.
If a Rental Reservation is canceled, any fees that have been charged will be refunded and the deposit of the Rental Reservation will be released. If any GO Points were redeemed in the Rental Reservation, the GO Points will be returned to the Member’s outstanding balance.
3.9 Rental Deposits
All Rental Reservations require a deposit to be made by the Member by means of a pre-authorization made on the Member’s default payment option. A new deposit may be required if the Rental Reservation is extended. In such case, the previous deposit for the Rental Reservation will be released when the new deposit is made. Please note that depending on the financial institution of your default payment option, it may take up to 7 business days before the release appears on your statement.
If the pre-authorization for deposit purposes cannot be passed on the Member’s default payment option and the Member has other Saved Credit Cards, BoardGame2Go reserves the right to attempt to pass the pre-authorization for deposit purposes on the next available Saved Credit Card in order to maintain the Member’s Rental Reservation. If the Rental Reservation is not maintained due to failure to renew the rental deposit, the Member may be charged the full deposit amount.
The amount of deposit for a Rental Reservation may include the following components, if applicable:
1. Undiscounted price of all Products in the Rental Reservation;
2. Undiscounted price of all items used for protection purposes (i.e. card sleeves, laminating pouches, etc.);
3. Undiscounted price of additional items included in the Products (i.e. dry erasable pens and boards, etc.);
4. An amount no higher than $5 per rented Product to cover any administrative fees related to each Product; and
5. An amount no higher than $10 to cover any administrative fees related to the Rental Reservation.
Please note that there are some Products that may be rare to obtain and will consequently have a higher undiscounted price than usual, which will increase the amount of deposit required. During the rental checkout process, the estimated amount of deposit for the Rental Reservation is displayed in the payment information page.
3.10 Rental Reservation Fees
Members are responsible of paying the Rental Reservation fees, including any delivery and/or return fees. Members also have the option of tipping the delivery and return services provided by BoardGame2Go within 24 hours after the Rental Reservation has started. A pre-authorization for the Rental Reservation fee may be processed with an amount slightly higher than the actual Rental Reservation fee in order to permit Members to make changes in the Rental Reservation, such as modifying the return method or adding a tip amount, which can impact the final amount of the Rental Reservation fee. The actual amount that will be charged to the Member will reflect the options chosen by the Member in the Rental Reservation as indicated in the Rental Reservation receipt. The Rental Reservation receipt can be accessible in the Rental Reservation that can be found in “Reservations” in the bottom menu of the Platform. The final charge will be made within 48 hours after the Rental Reservation has started.
3.11 Redemption with GO Points
Members may redeem their GO Points for any Product in the Rental Reservation, if the outstanding amount of GO Points is sufficient. Members may redeem as many Products in the Rental Reservation as they wish, subject to sufficient outstanding GO Points. Members are also given the option to either pay the extension of a Rental Reservation or to extend a Rental Reservation by redeeming GO Points.
3.12 Earning Membership Points and Rental Checklists
Members can earn BoardGame2Go membership points (“GO Points”) for each rented Product in the Rental Reservation and for extending the Rental Reservation. Members will not earn any GO Points if the rented Products or Rental Reservation extension was redeemed with GO Points.
Members can also follow and complete the rental checklist for each rented Product in order to earn bonus GO Points. The rental checklist for each rented Product can be found in the Ongoing Rental Reservation, which in turn, can be found in the ‘Reservations’ page accessible at the bottom of the App. The rental checklist contains a list of components with an amount, a description and a location. In order to earn the bonus GO Points, members must do the following two steps: a) enter a status for each component in the checklist after verifying whether or not the component is complete or damaged based on the amount and description; and b) put the component back to its location as indicated in the checklist. The rental checklist may also contain one or several actions that the Member needs to do before returning the rented Product.
BoardGame2Go reserves the right, at its full discretion, to cancel all or some of the earned GO Points if the Product is not returned or if the Product is returned damaged, with missing components, with excessive dirtiness, or unorganized based on the location for each component as indicated in the rental checklist.
GO Points are awarded to the Member within 48 hours after the Ending Date of the Rental Reservation.
3.13 Damage/Loss/Excessive Dirtiness of Product Components
In the event that the Products are returned with damages or lost components, the Member will be charged with the following penalty fee schedule:
• $5 for each damaged or lost component listed on the rental checklist
• Up to $20 or 50% of the undiscounted price of the Product, whichever is lower, for each damaged or lost component listed on the rental checklist if the damaged or lost component is a Game Board or if the component is unique to the Product
• Up to $50 or 100% of the undiscounted price of the Product, whichever is lower, for each damaged or lost components listed on the rental checklist if the damaged or lost component is essential to the Product functionality and ability to be played
Members will also be charged a $5 administrative fee for each board game containing lost or damaged components. If the Member has indicated the lost or damaged component in the Checklist, the administrative fee of $5 will be waived.
The decision whether a component is considered a Game Board, is unique or is essential for play, as stated above, is at the full discretion of BoardGame2Go. Excessive dirtiness can also be considered as damages to the Products and/or components. The decision whether or not dirtiness is excessive is at the full discretion of BoardGame2Go. The penalty fee will be charged using the deposit of the Member for the Rental Reservation. The actual amount of penalty fee based on the above-mentioned penalty fee schedule is at the full discretion of BoardGame2Go. BoardGame2Go also reserves the right at its full discretion to waive any penalty fees.
In the event that the damage, loss or excessive dirtiness renders the Product un-rentable, an additional administrative fee of $5 will be applied if the Product was intended to be re-rented within the next 7 days.
The total penalty fee charged cannot exceed the amount of the deposit for the Rental Reservation.
3.14 Late Rental Returns
In the event that the Member has not ended the Rental Reservation by 12pm on the Ending Date, the Member will be automatically charged an undiscounted extension of the Rental Reservation using the smallest duration available based on the Ending Date (e.g. for Rental Reservations with Ending Dates on a Monday, the smallest duration is 3 Nights since there are no returns on Tuesdays or Wednesdays). Extensions due to late rental returns do not receive any additional days or promotions that may be offered in other cases.
Members will also be charged a $5 penalty fee for not ending the Rental Reservation prior to 12pm on the Ending Date. If the rented Products were intended to be rented to another member on the Ending Date, an additional penalty fee of $5 will be charged to the Member for each Product in this situation.
There is no limit to how many times the Rental Reservation may be automatically extended. After reasonable time, BoardGame2Go may, at its discretion, cancel the Rental Reservation and consider the rented Product(s) as lost. Please see 3.14 Non-Return or Loss of Product(s) for more details.
3.15 Non-Return or Loss of Product
A Product will be considered as lost if:
• Member advises BoardGame2Go that a Product has been lost and will not be returned
• Product is missing when returned to BoardGame2Go
All Products in the Rental Reservation will be considered as lost if:
• BoardGame2Go decides at its full discretion that the rented Product(s) in a Rental Reservation are lost after reasonable time of incurring late rental returns
• Product(s) are not available at the return address after the Member has ended the Ongoing Reservation and the Member could not be reached after 2 attempts by either email or cellphone, if number has been provided and verified.
• Member is not available for an In-Person Return when the delivery service team passes by at the pre-determined time-frame and the Member could not be reached after 2 attempts by either email or cell phone, if number has been provided and verified.
In the event that a Product is lost, the Member will be charged the undiscounted price of the Product, as well as the cost of any protection or additional items provided with the Product. The member will also be charged with an administrative fee of $5 for each lost Product.
In the event that all Product(s) in the Rental Reservation are lost, the Member will be charged with the entire amount of the deposit as explained in the three scenarios above. If the member was not available for an In-Person Return, the delivery service team may do another attempt to collect the board games at the return address. Members will be charged another return fee if the delivery service team needs to pass by another time for the return of the board games.
If the lost Product(s) are returned in due time to BoardGame2Go with no additional issues, BoardGame2Go may at its full discretion refund part of the charges. A non-refundable processing fee equal to 3% of the total charged amount will not be refunded to the Member. BoardGame2Go may also charge an extension fee for the Rental Reservation depending on when the board games are returned.
4. Purchase Reservations
4.1 Purchase Agreement
The purpose of creating a Purchase Reservation is to reserve Products for Members until the Products are delivered. By reading and agreeing to these Terms, the Member abides to these Terms as the Purchase Agreement.
4.2 Purchasing and Delivery of Products
In order to buy Products, Members can create a purchase reservation (“Purchase Reservation”). Members need to select a requested delivery date among available dates during the checkout process of the purchase cart (the “Purchase Cart”). If the Member has selected the delivery method ‘In-Person Delivery’, the Member must be available at the selected address between 10am and 4pm on the requested delivery date to receive the Product(s). If the Member has selected ‘In-Store Pick-Up’, the Product(s) will be ready for Pick-Up after 12pm on the requested delivery date.
BoardGame2Go will make all reasonable possible efforts to deliver the Products on the requested delivery date within the expected time-frame, but it is not a guarantee. BoardGame2Go will not be liable or be held responsible for any delays in delivering the Products. If the delays for delivery are more than 12 hours, Members will be notified by email.
4.3 Pre-Order Purchases
Members are able to make pre-order purchases for Products that are not yet available in order to reserve a copy. Members will be notified by email when the Product becomes available. The timing may be different for Members depending on their queue for the pre-ordered Product. The queue is based on the time when the Purchase Reservation was made. Pre-order purchases will be delivered using the selected delivery method in the Purchase Reservation.
Please note that the delivery for a Purchase Reservation will be made only when all Products in a Purchase Reservation are available. In order to avoid unnecessary delays, it is recommended not to include pre-order Products with available Products.
4.4 Cancellations and Modification of Pending Purchase Reservations
Purchase Reservations may be canceled or modified at any time prior to the requested delivery date. If the delivery process has started on the requested delivery date, which can be at any time after 9am on the requested delivery date, the Purchase Reservation will be considered as ‘Delivery in Progress’ and cannot be canceled or modified. Please note that the Purchase Reservation will be automatically considered as ‘Delivery in Progress’ at 12pm on the requested delivery date.
4.5 Purchase Reservation Fees
Members are responsible of paying the Purchase Reservation fees, including any delivery fees. A pre-authorization for the Purchase Reservation fee may be processed with an amount slightly higher than the actual Purchase Reservation fees in order to allow Members to make changes to the Purchase Reservation, such as modifying the delivery method, which can impact the final amount of the Purchase Reservation fee. The actual amount that will be charged to the Member will reflect the options chosen by the Member in the Purchase Reservation as indicated in the Purchase Reservation Receipt. The Purchase Reservation Receipt can be accessible in the Purchase Reservation that can be found in “Reservations” in the bottom menu of the Platform.
4.6 Redemption with GO Points
Members may redeem their GO Points for the purchase of any Product in the Purchase Reservation, if the outstanding amount of GO Points is sufficient. Members may redeem as many Products in the Purchase Reservation as they wish, subject to sufficient outstanding GO Points.
4.7 Earning Membership Points
Members can earn BoardGame2Go membership points (“GO Points”) for each purchased Product in the Purchase Reservation. Members will not earn any GO Points if the Products were purchased by redeeming GO Points.
BoardGame2Go reserves the right, at its full discretion, to cancel all or some of the earned GO Points. GO Points are awarded to the Member within 48 hours after the Product(s) have been delivered.
4.8 Return, Exchange and Refund Policies for Purchase Reservations
Unopened and undamaged Product(s) may be returned to BoardGame2Go within 21 days after the Product(s) have been delivered (i.e. the requested delivery date). Upon return of the Product(s), the Member will be refunded the full amount of the purchase minus a restocking fee equal to 3% of the full amount. The Member can also choose to obtain a store credit. If the member selects the store credit, the restocking fee will not be applied.
5. Fees and Payment Terms
5.1 Payment Processor
BoardGame2Go uses a third-party service provider, Stripe, to process all payments and deposits on the Platform. By providing your credit card information, you understand that the third-party service provider will use the information to validate your credit card and process transactions on the given credit card.
By providing your credit card information, you also agree to allow BoardGame2Go to process pre-authorizations and charge fees on the provided credit card for Rental or Purchase Reservations as per these Terms. BoardGame2Go is not responsible for any fees that may or may not be applied to your credit card by your credit card provider or financial institution related to your use of the Services. BoardGame2Go disclaims all liability in this regard.
6. LICENSE; INTELLECTUAL PROPERTY
Subject to your compliance with these Terms and your payment of any fees owed hereunder, BoardGame2Go grants you a non-transferable, non-exclusive, license to (a) access and use of the Platform and the Services, and (b) download, install and use one copy of the App, if available, on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the BoardGame2Go names, trademarks, logos or other distinctive brand features without our prior written consent.
6.2 Reservation of Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “BoardGame2Go Content”), and all intellectual property rights related thereto, are the exclusive property of BoardGame2Go and its licensors. Use of the BoardGame2Go Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
All board game contents (“Board Game Contents”) available on the Platform, including board game descriptions, board game pictures, and external links not related to BoardGame2Go may be the property of or contain proprietary information or trademarks of board game publishers or third-party providers. Members shall not engage in the use or distribution of Board Game Contents other than its intended purpose.
You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BoardGame2Go under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
6.4 Notice and Procedure for Making Claims of Copyright Infringement
If you believe your copyright has been infringed, please contact BoardGame2Go with a detailed description of any infringement to email@example.com. BoardGame2Go will investigate and take any action necessary to prevent future copyright infringement. You agree not to hold BoardGame2Go liable for any copyright infringement prior to allowing reasonable time for BoardGame2Go to rectify the situation.
6.5 License Restrictions
BoardGame2Go may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services, and/or limiting the number of board games that can be rented in any Rental Reservation, and/or limiting the number of future Rental Reservations Members can make. You agree to use the Platform and the Services only for purposes as permitted by these Terms. BoardGame2Go reserves the right to modify or impose any limitations on the use of the BoardGame2Go Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the BoardGame2go Platform at any time without any liability whatsoever.
In using the BoardGame2Go Platform and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the BoardGame2Go Website, App or the Services;
(c) advocate, encourage or assist any third party in doing any of the foregoing.
7. User Conduct
7.1 All Members
In using the Services, you agree to comply with all Reservation procedures and in the case of Rental Reservations, use best efforts to return the rented Products in the same rentable manner as they were provided. Moreover, you agree that you will not:
(a) Create more than one BoardGame2Go account for yourself or on behalf of another person or business;
(b) Intentionally or unintentionally cause harm to, lose or damage the rented Products in Rental Reservations or any of its contents, steal rented Products in Rental Reservations, use rented Products for a purpose that is not the Product’s primary purpose;
(c) Sub-lease or otherwise rent out or sell the Products that were obtained through Rental Reservations;
(d) Replace, exchange or modify any of the contents in the Products; or
(e) Use the Products for any illegal activities.
Members remain solely liable for any damage, loss or theft to the Products and their contents during Rental Reservations. Members agree to indemnify and hold harmless BoardGame2Go for any damages to rented items, as well as any injuries or death arising from renting the Products and use of the Products. Please note that Products may contain small components not suitable for young children. Members are responsible for the supervision of the use of Products during the rental period.
You agree to defend, indemnify and hold BoardGame2Go, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) the rental or purchase of the Products; (b) your use of the Website, App or Services; or (c) any violation by you of these Terms. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
7.3 Closing of Account by User
At any time, a Member may terminate their Account, provided that all amounts owed to BoardGame2Go have been paid and all rented Products have been returned. In order to terminate an Account, please contact at firstname.lastname@example.org in order to request an account termination by providing your email address linked to the account, as well as your cell phone number and date of birth for verification purposes.
The Website and App may contain links to other websites, including YouTube videos, that are not owned or controlled by BoardGame2Go. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by BoardGame2Go of that third party, third-party product or service. BoardGame2Go is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that BoardGame2Go endorses or accepts any responsibility for the content or use of such websites, and you hereby release BoardGame2Go from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
7.5 Service Providers.
BoardGame2Go uses third-party integrations to make available the Platform and Services. We cannot control how third parties conduct their business or what happens to their business or network. We cannot and will not be responsible or liable for any breaches or outages to their network, software, or any technology that they use in connection with BoardGame2Go.
8. Service Availability
BoardGame2Go does not guarantee that the Service or any particular functionality will be available to Users at all times. BoardGame2Go reserves the right to alter, suspend, or discontinue the Platform or Services any time we see necessary without any formal notice. The Platform may be unresponsive for maintenance and security updates or changes. To optimize your Member experience, we advise you to always have the most up to date version of the Application. Using an older version may cause you to have a poor experience because it is not supported by new features or new technology implemented in the Platform. BoardGame2Go will not be responsible for any cellular data coverages on your smartphone or tablet.
9. Disclaimer of Warranties and Conditions
The Platform and Services are provided ‘as is’ and on an ‘as available’ basis. BoardGame2Go specifically disclaims all representations, warranties, and conditions of any kind relating to the BoardGame2Go Platform and Services, including, but not limited to any implied warranties or conditions of merchantability or merchantable quality, satisfactory quality or fitness for a particular purpose.
Any material transmitted, stored, accessed or otherwise maintained through the use of the Services is done so at your own discretion and risk and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the Platform or Services. No advice or information, whether oral or written, obtained by you from BoardGame2Go or through or from the Services shall create any warranty or condition not expressly stated in these Terms.
10. Limitation of Liability
Under no circumstances shall BoardGame2Go be liability for any special, incidental, indirect or consequential damages whatsoever, including without limitation, any damage that result from (a) your use of or your inability to use the BoardGame2Go Platform or the Services, (b) the cost of procurement of substitute goods, data, information or services, (c) errors, mistakes, or inaccuracies in any information available on the Platform, or (d) personal injury or property damage of any kind whatsoever arising from or relating to your use of the Services, any bugs, viruses or other files or data that may be harmful to computer or communication equipment or data that may have been transmitted through BoardGame2Go Platform.
11. Governing Law; Jurisdiction
11.1 Governing Law
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the BoardGame2Go Website and App, or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
11.2 Legal Fees
In the event that you and BoardGame2Go end up in a legal dispute that goes to court, you agree that the unsuccessful party to the dispute shall be responsible for paying all of the other party’s legal fees.
12 Entire Agreement
13 English Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
14 Contact Us
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the BoardGame2Go Website, App or the Services, please contact us at: email@example.com