Terms and Conditions

Last Updated: May 15, 2025

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website thenextlvlgaming.com (the "Site") operated by NextLevel Gaming ("us", "we", or "our").

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site.

1. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Site or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Products and Services

2.1. Product Descriptions

We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

2.2. Pricing and Availability

All prices are in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to change prices at any time without notice. The availability of products and services is subject to change without notice.

2.3. Orders

Your order constitutes an offer to purchase products or services. We reserve the right to accept or decline your order for any reason. After placing an order, you will receive an email confirmation with your order details. This email is an acknowledgment that we have received your order, but it does not constitute acceptance of your order.

2.4. Payment

We accept various payment methods as indicated on the Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

3. Shipping and Delivery

We ship to addresses within Australia and, in some cases, internationally. Shipping times and costs vary depending on the delivery location and shipping method selected.

While we make every effort to meet stated delivery timeframes, we do not guarantee delivery dates. We are not liable for any delays in delivery that are beyond our control.

4. Refunds and Returns

Our refund and return policy is outlined in our separate Refund Policy. By making a purchase on our Site, you agree to be bound by this policy.

5. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of NextLevel Gaming and its licensors. The Site is protected by copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NextLevel Gaming.

6. User Content

Our Site may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Site, including its legality, reliability, and appropriateness.

By posting User Content to the Site, you grant us the right to use, modify, perform, display, reproduce, and distribute such content on and through the Site. You retain any and all of your rights to any User Content you submit, post, or display on or through the Site.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

7. Prohibited Uses

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
• To impersonate or attempt to impersonate NextLevel Gaming, a NextLevel Gaming employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm NextLevel Gaming or users of the Site or expose them to liability
• To use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site
• To use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
• To use any device, software, or routine that interferes with the proper working of the Site
• To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site

8. Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by NextLevel Gaming.

NextLevel Gaming has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that NextLevel Gaming shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall NextLevel Gaming, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the products or services during the period of 3 months prior to any cause of action arising.

10. Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings, and other legal rights, under the Australian Consumer Law and other laws.

Any and all warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

11. Indemnification

You agree to defend, indemnify, and hold harmless NextLevel Gaming, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

12. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site, or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

15. Entire Agreement

These Terms constitute the entire agreement between you and NextLevel Gaming regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and NextLevel Gaming.

You may be subject to additional terms and conditions that may apply when you use or purchase certain services or products, which we will provide to you at the time of such use or purchase.

16. Contact Us