PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE MAKING PAYMENT FOR RENTAL OF STALL TO GAMEOUT PTY. LTD.

By proceeding with the payment, you signify your agreement to these Terms and Conditions, which will be enforced upon successful payment for the selected Stall.

Stallholder shall abide to this Agreement and any other agreements made by and between the Organizer.

The Organizer shall have the sole authority to interpret and enforce all rules and regulations included herein, to make any amendments thereto, and to make further rules and regulations as necessary to ensure the orderly conduct of the event.

The Organizer and the Stallholder hereby agree and acknowledge that any waiver of or failure to exercise any right provided for herein shall not be deemed a waiver of any further or future right under this Agreement.

Failure in abiding by any of the following terms and conditions may subject the Stallholder to compensation, penalties and/ or legal fees resulted from the violation. It may also subject Stallholder to eviction from the Market and as a result, no refund or any other form of compensation in monetary terms or otherwise, will be awarded to the Stallholder concerned.

The Organizer is the official Organizer of the GO Gamemarket.

1.Definition

a. Agreement refers to the written Terms and Conditions as provided herein.
b. Applicant refers to the person making a booking of the Stall and the date, prior to booking confirmation from Organizer.
c. Goods refers to the merchandise or products intended for display or sale by the Stallholder during the Market event.
d. Market refers to the Organizer Market which is the place, venue, and event for Stallholders to sell their Goods as organized by the Organizer.
e. Organizer refers to Gameout pty. ltd., its members, employees, agents and authorized representatives.
f. Staff refers to any of the employees including representatives and personnel of the Stallholder.
g. Stall refers to the definite and fixed space at the Market, including the table according to the price paid by the Stallholder as provided in the Stall and Table Specification and Fees table of this Terms and Conditions.
h. Stallholder(s) refers to the person(s) who has successfully secured a Stall in the Market after full payment for the Stall rental and issued with a booking confirmation from the Organizer.
i. Website refers to Game Out and/or Game Out’s online website and registration page.

2.Eligibility, Requirements, Application and Fees

a.Applicants must be at least 18 years old to make a booking and payment for Stall rental.
b.Applications will not be accepted without proper payment or credit card authorization via the Website. By payment through our Website, Stallholder confirms to have read and agrees to abide to the Terms and Conditions as provided herein. Acceptance of this application constitutes a contract between the Stallholder and Organizer.
c.A booking confirmation shall be provided upon valid payment. Booking confirmation must be kept by the Stallholder at the venue during the event for Organizer’s inspection and verification.
d. The amount of payment will be according to the most up to date fee schedule provided on the Website
e. Payments should be settled 14 days before the Market to confirm a table.
f.No Stalls will be allocated to the Applicant without the full payment made
g.By paying the fee, you agree to this Agreement
h.The Organizer reserves the sole discretion and right to make approval of the applications.

3.Stall and Table Specifications and Fees

a. Table of prices

Stall size Half Standard
Allocated table size 90x73cm 180x73cm
Price $30 $60

b. Each stall will have about 0.9m space behind it.
c. The availability of chairs and Power points is  dependent on the venue.
d. Stall holders who require mains electricity must request in advance and bring their own extension cables, powerboards, etc.

4. Stall Allocation

a. The Stalls will be located in the Abbotsford convent 1 St Heliers Street, Abbotsford VIC 3067 or in such other place as may be assigned by the Organizer.
b. Stallholders shall be allowed to show their preference for Stall placement according to the venue for that Market day. However, the Organizer reserves the discretion to select or modify the Stall placement and allocation for the best interest of Stallholders and the event.
c. All Stalls will be assigned by the Organizer 2-4 weeks before event and prior notification via email will be sent to Stallholders with regard their Stall allocation.

5. Operating Hours

The Market shall be open from 1100 to 1500 HRS of the same day.
Stallholders are expected to adhere to the following schedule at the day of Market:
Setup time starts at 0900 HRS
The venue must be cleaned and emptied by 1700 HRS.

*The foregoing conditions provided in this section will vary depending on the requirements of the venue.

6. Stall Management, Conduct, and Operation:

a. Assignment and/or subleasing of the Stall by the Stallholder to any other person is prohibited.
b. All displays of any kind including walls, partitions, decorations, and any or other obstructions may not be erected that in any way interfere with the view of another Stallholder or the walkway. All such should be confined within the Stallholders Stall space.
c.  Stallholders must ensure that their Staff are adequately trained, clean, civil, sober and well presented at all times.
d. Use of offensive or abusive or threatening language by the Stallholder or their Staff towards any persons at the Market is prohibited. The Organizer may require the Stallholder to dismiss any member of their Staff that does not meet these standards. In the event the stallholder is the sole member of staff for that stall then the stall will also be closed and no refund provided.
e. Activities (i.e. demonstration, solicitation, etc.) of the Stallholder must be confined within their respective Stalls only.
f. Contests, giveaways, raffles, and game of change may be conducted by the Stallholder provided a prior written permission from the Organizer is secured.
g. Noise level from any activities shall be kept to a minimum as not to disturb other Stallholders.
h. Stallholders shall refrain from any activity that will cause destruction to property of the Organizer, other Stallholders, the venue hosting the market and any other related third parties.
i. Stallholders are allowed to use the space under their trestle tables for temporary storage. The space behind tables are intended for stallholders to sit and stand should be kept free of clutter to allow other stallholders to walk past
j. Organizer shall have the discretion to stop any inappropriate activity or demonstration of the Stallholders.
k. Stallholders are responsible for setup and clear up of their respective Stalls. All Stalls should be cleared of any unsold stock and rubbish by close of Market. Stallholders who do not clear away unsold stock and rubbish may be liable to a cleaning fee of up to $200.
l. Booking confirmation shall be presented by the Stallholder to the Organizer upon inspection and verification during the event.
m. Stallholders make themselves known to the Organizer on market day
n. Stallholder will return the table in proper and undamaged condition after the Market operation.

7. Legal responsibility

a. Stallholders holds responsibility to have their second hand dealers licences and any other appropriate licences to sell their Goods.
b. Stallholders holds responsibility at their own expense, to secure, maintain and hold any public/commercial liability insurance through the period of the event.

8.Health and Safety

a. Stallholders must comply with local fire, building, health and safety regulations according to the relevant local authorities and applicable local laws.
b. Organizer shall not be responsible for the injuries or accidents that may occur to the Stallholder due to negligence and improper use of the Stall, rental table, furniture, and/or other provisions which will be provided by the Organizer during the event.
c. Any and all electrical equipment that requires mains power needs to be tested and tagged by a certified tester in accordance to AS/NZS 37602010.

9.Public and Property

a. All valuables and items are brought to the Market at your own risk.
b. Stallholders and the general public are expected to be vigilant and keep an eye on their things.
c. The Organizer is not responsible for any loss, theft, damages to personal or commercial property and injuries that the Stallholders or members of the general public (third parties) may incur within the Market during and after the event.

10.Sales

a. The Organizer has sole and absolute discretion to decide which products are permitted to be sold within the Market and is not obliged to provide any reasons for its decision(s).
b. The GO Game Market welcomes videogame hardware, videogame software, videogame accessories console and PC. In addition video gaming themed clothing and miniatures  are encouraged.
The GO Game Market is now accepting modern boardgames and their associated accessories including those used for tabletop RPGs.
c. Alcohol is not allowed to be sold at the GO Game Market.
d. Selling of stolen, counterfeit Goods, and items which infringes trademark, patent, or copyright is a criminal offence and is prohibited at the Market.
e. Inspections will be undertaken by the Organizer to ensure that only authorized Goods are on sale.
f. If Goods to be sold are spotted by the Organizer that are non-authorized, Stallholders must follow reasonable instructions to remove those Goods from display and from sale.
g. In the event that an inspection finds a Stall consists of non-authorized Goods and a Stallholder refuses to remove them, the Organizer has the right to close the Stall with no refund.
h. All sales follows the rules set out by Victorian Consumer affairs
i. Buyers are responsible for understanding compatibility of videogame hardware and software as well as region locking issues.
j. Any disputes regarding a sale should be settled between the buyer and the Stallholder.
k. All business and transactions shall be completed and held within the Stallholder’s designated area.

11.Labelling

a. Stallholders hold responsibility to accurately grade their products following a consistent grading system and to have the grade visible to the shoppers.
b. Stallholders hold responsibility to accurately label the game title with the region code that it is designed for e.g. NTSC US, NTSC Japan, PAL Europe PAL Australia PAL etc. if it is not immediately visible.

12. Exclusivity

a. In the event a Stallholder is granted a Stall, it does not necessarily grant the Stallholder the exclusivity and sole right of selling or promoting any particular product/Goods.
b. Applications will be considered on a “first come, first served” basis. If too many applications are received for Stalls selling the same type of Goods, the Organizer will allocate Stalls to those received first.

13. Use of materials and photographs for promotion

The Stallholder also agrees to the use of photographs, logos and other materials provided by the Stallholder or taken by the Organizer (and it’s associated third parties) being used by the Organizer for marketing and promotional purposes of the event.

14. Use of the Organizer and GO Game Market and GameOut Names, Trademark and Logo

The use of the GameOut and GO Game Market name, trademark and logo are prohibited without permission from the Organizer.

15. Cancellation and Refunds:

a. Cancellation by Organizer
i.
The Organizer reserves the right to cancel and/or reject applications on the grounds that the type of business is unsuitable for the Market e.g. if Stallholders do not sell Goods that follows the guidelines provided.
ii. The organizer will only provide refunds of stalls in accordance to the laws stipulated by the Australian Competitions and Consumer and Commission and Consumer affairs Victoria.
b. Cancellation by Stallholder
i.
Stallholder who does not show up on the allocated day of the Market operation upon confirmation from the Organizer will result in full forfeiture of rental.
ii. No refund will be provided to the Stallholder for cancellation on the allocated day of the Market operation.
iii. Stall reservation is non-transferable and will not be refunded in the event of cancellations due to acts of terror, force majeure, fortuitous event or any other circumstances outside the control of the Organizer.
iv. The Organizer will not give refunds to Stallholders or buyers due to change of mind, lack of sales, theft, injuries, and damage to property incurred during the Market
v. If the event changes significantly from what was advertised or the Organizer cancels the event and such cancellation does not fall in paragraph iii of the foregoing, refund will be provided.

16. Indemnification:

a. Stallholder agrees to indemnify, hold harmless and defend the Organizer from and against all liabilities, damages, actions, losses, claims and expenses (inclusive of attorney’s fees) on account of personal injury, death, or damage to or loss of property or profits arising out of or contributed to by any act, omission, negligence, fault or violation of law or ordinance by the Stallholder or its employees, agents, contractors, patrons, guests, invitees and/or similar parties.
b. Stallholder agrees to hold harmless and defend the Organizer from all loss, cost claims, causes or action, obligations, suits, damages, liability expenses, and costs including attorney’s fees arising from or out of any violation or infringement (or claimed violation or infringement) by the agents or employees the Stallholder, of any patent copyright, or trade secret rights or privileges.

17. Disputes

In the event of any other disputes the decision made by the Organizer is final.

18. Jurisdiction

The Organizer and the Stallholder consent to the application of the laws of the State of Victoria, Australia to govern, interpret, and enforce all of the rights, duties, and obligations of the Organizer and the Stallholder arising from or relating in any manner to this Agreement.

19. Updates and Changes to this Agreement

a. The Organizer reserves the right to update this document periodically and will upload it for the public to see on the Website.
b. Uploading in the Website will be considered as sufficient notice to Applicants, Stallholders, and third parties.