TERMS AND CONDITIONS
Product Replacement Plan / Game Play Guarantee

OBLIGATOR: All benefits under the Product Replacement Plan and/or the Game Play Guarantee are solely provided by Electronics Boutique Canada Inc (cob GameStop), whose address is 8995 Airport Road, Brampton, Ontario L6T 5T2, and whose phone number is (905) 790-9262 ("GameStop Canada"). GameStop Canada assumes no obligation or responsibility other than those expressly set forth below.

1. DEFINITIONS:

Capitalized terms in these terms and conditions have the meaning provided to them below:

1. A. "Accident" means a sudden and unforeseen event, neither expected nor intended, caused by external means which results in the destruction of, loss of or damage to a Product.
2. B. "Failure" means the mechanical or operational failure of hardware or software caused by defects in materials and/or workmanship, and, with respect to software, the mechanical or operational failure of the media on which such software is stored, but in all cases a "failure" specifically excludes any issue caused by an Accident or normal wear and tear.
3. C. "GPG" means the Game Play Guarantee coverage for Software described in these terms and conditions.
4. D. "Hardware" means any console, console accessory, and/or computer accessory that is purchased by You from GameStop Canada.
5. E. "PRP" means the Product Replacement Plan coverage for hardware purchased from GameStop Canada described in these terms and conditions.
6. F. "Plan" means the PRP and/or GPG purchased by you in conjunction with your purchase of one or more Products.
7. G. "Product" means hardware and/or software covered by this Plan and purchased from GameStop Canada contemporaneously with this Plan.
8. H. "Software" means any computer software stored on tangible media that is purchased by You from GameStop Canada.
9. I. "You", "Your", "Customer" means the individual who purchased this Plan and the one or more Products which are the subject of this Plan.
10. J. "We", "Us", "Our" means GameStop Canada.

2. COVERAGE:

1. A. PRP Coverage: A PRP will provide for a one-time replacement of Hardware covered by this PRP in the event of a Failure in such Hardware that is not covered by insurance or any other warranty or service contract. Replacement hardware may be new or refurbished, as determined by GameStop Canada in its sole discretion.
2. B. GPG Coverage: A GPG will provide for a one-time replacement of the Software covered by this GPG in the event of a Failure in the media on which such Software is stored that is not covered by insurance or any other warranty or service contract. Replacement of any eligible Software will be satisfied by delivery of new or refurbished media on which such Software is stored.

3. TERM:

1. A. PRP Coverage: The term of a PRP shall begin on the date of purchase of the Product that is the subject of the underlying coverage, as indicated on Your sales receipt, and will end either on the twelve (12) month anniversary or twenty-fourth (24) anniversary of such date, depending on the term that you selected at the time of purchase of such PRP.
2. B. GPG Coverage: The term of a GPG shall begin on the date of purchase of the Product that is the subject of the underlying coverage, as indicated on Your sales receipt, and will end on the twelve (12) month anniversary of such date.
3. C. Should you purchase a PRP or GPG after the date of purchase of the Product, the Term still expires twelve (12) months after the date of purchase of the underlying Product and no adjustment will be made to the price for the PRP or GPG. A PRP or GPG immediately terminates upon replacement of the underlying Product as described in Section 2 above. This Plan is not renewable and its term cannot otherwise be extended.

4. LIMITATIONS OF COVERAGE. :

THIS PLAN DOES NOT COVER:

1. A. Any Accident.
2. B. Any Product brought or operated outside Canada.
3. C. Any Failure caused by or attributable to, whether in whole or in part:
4. i. any alteration of the Product, not made by us or not authorized by us in advance.
5. ii. use or operation of a Product with third party accessories or supplies.
6. iii. any misuse, abuse, or improper use of a Product.
7. iv. any use of a Product with non-compatible software or cartridges.
8. v. any failure to update any console device, hardware or accessory or to otherwise maintain any of the foregoing in accordance with the manufacturer's instructions or recommendations.
9. vi. riot, vandalism, theft, fire, flood, wind, lighting, freezing, power failure, power reduction, inadequate power supply, unusual atmospheric conditions, telephone failure, or acts of God or any third party.
10. D. Expendable item(s), including, but not limited to, batteries and other operating supplies and consumable item(s) used in conjunction with the use of a Product.
11. E. Telephone or other lines or cables connecting to the Product.
12. F. Any standard or preventive maintenance.
13. G. Any Product used for rental or commercial purposes.
14. H. Any Failure covered by insurance or any third party warranty or service contract.
15. I. Any pre-existing conditions that occur or arise prior to the effective date of this Plan .
16. J. Scratches, peeling, dents or any other purely cosmetic damage.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY:

Our sole responsibility under this Plan shall be providing a one-time replacement of the Product that is the subject of a Failure, provided that We may elect in our sole discretion, to provide you with a store credit equal to the price you originally paid for such Product instead of a replacement for such Product. OUR MAXIMUM LIABILITY UNDER ANY PLAN IS THE PRICE YOU PAID FOR THE PRODUCT COVERED BY SUCH PLAN; ONCE WE REPLACE THE PRODUCT (OR PROVIDE A STORE CREDIT AS DETAILED ABOVE), WE SHALL HAVE SATISFIED AND FULLY DISCHARGED ALL OF OUR OBLIGATIONS OWED UNDER THIS PLAN. WE SHALL HAVE NO OTHER LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO THE PRODUCT IN QUESTION, OR FOR ANY OTHER DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY US AS A RESULT OF A DEFICIENCY. WITHOUT LIMITATION TO THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY FAILURE OR ANY OTHER MATTER RELATING TO OR CONTEMPLATED BY THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE SUPPLY OR FAILURE TO SUPPLY ANY REPLACEMENT PRODUCT. WITHOUT LIMITATION TO ANY OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST TIME, LOSS OF USE OF ANY PRODUCT, LOST DATA, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF OPPORTUNITY OR ANY OTHER DAMAGES RESULTING FROM THE FAILURE OF ANY PRODUCT, FAILURE OF ANY REPLACEMENT PRODUCT OR DELAYS IN REPLACING ANY PRODUCT. Our liability for damages resulting from any cause whatsoever including, but not limited to, Our negligence or willful misconduct, , shall not exceed the actual price that You paid to Us for the Product. We shall not be responsible for damages caused by Accidents, misuse, misapplication, neglect, placement or operation of the Product in an area that does not comply with manufacturer's published space or environmental requirements, improper storage, use and movement of the Product, improper care and/or maintenance, normal wear and tear, combination with any third party product or service, acts of God or the conduct of any third party. Some provinces do not allow the limitation or exclusion of incidental or consequential damages; therefore, the aforesaid limitation(s) or exclusion(s) may not apply to customers residing in those provinces. In the event of a claim or dispute, please contact GameStop Canada at (905) 790-9262, through the online chat portal on Our gamestop.ca website (available during business hours only, Monday to Friday) or by e-mail at help@gamestop.ca (service in English) or aide@gamestop.ca (service in French).

6. TERMINATION:

1. A. Provided You have not previously made any claim under a Plan, You may terminate such Plan within thirty (30) days of its purchase for any reason by written notice to GameStop Canada, together with the sales receipt for this Plan, either to the GameStop Canada retail store from which You purchased this Plan, through the online chat portal on Our gamestop.ca website (available during business hours only, Monday to Friday) or by e-mail at help@gamestop.ca (service in English) or aide@gamestop.ca (service in French).
2. B. If You terminate this Plan within the timeframe and in conformity with the other requirements of Section 6A above, We will refund 100% of the price you paid for the Plan (as shown on the sales receipt).
3. C. We may terminate a Plan at any time for any reason or no reason. In the event We elect to do so, our sole liability in terms of any such termination will be the refund of 100% of the purchase price You paid for such Plan (as shown on the sales receipt). If We terminate a Plan that You have purchased, we will provide You at least thirty (30) days prior written notice of such termination using Your last known address.

7. REPLACEMENT:

1. A. In-Store Purchases. All Product replacements under a Plan purchased in a GameStop Canada retail store is on a "carry-in" basis only. To obtain replacement under this Plan, You must bring the Product and the sales receipt for the Product and this Plan to the GameStop Canada retail store where the purchase was made.
2. B. Online Purchases. For Product replacements under a Plan purchased through GameStop Canada's online store, You may either bring the Product and the sales receipt for the Product and this Plan to any GameStop Canada retail store OR you may choose to ship the Product to GameStop Canada. If you choose the latter option:
3. i. You must contact GameStop Canada's customer service department by telephone at 1-877-442-6303, through the online chat portal on Our gamestop.ca website (available during business hours only, Monday to Friday) or by e-mail at help@gamestop.ca (service in English) or aide@gamestop.ca (service in French).
4. ii. Arrangements will then be made for you to ship the defective Product to be replaced under the Plan to GameStop Canada for inspection and assessment.
5. iii. In the event it is determined that a Product submitted for replacement under a Plan is not in fact eligible for replacement, We will provide you with notice of the foregoing and will arrange for return delivery of the ineligible Product to the address you provided in terms of your Product replacement request and the foregoing will be at your sole cost. We or the courier we select for delivery of the ineligible Product may require prepayment of any and all shipping and delivery costs. In the event prepayment of return shipment fees is required and prepayment of same is not made by You, We may dispose of any ineligible Products still in our possession thirty (30) days after We provide You with initial notice of ineligibility for replacement under a Plan and We will not be liable in the event We dispose of any such Product that remains in our possession after such period of time.
6. iv. You assume any and all risks of loss and damage relating to any shipment of Products to and from GameStop Canada.
7. C. You will not be reimbursed for any costs or expenses incurred by You in conjunction with any Product replacement under this Plan including, without limitation, any costs or expenses relating to packaging, travel, shipping and/or transportation.
8. D. Replacement of any Product pursuant to a Plan will be done during normal business hours. In the event that a replacement Product is not immediately available at a GameStop Canada store, We will notify you when such Product becomes available using the contact details that you provided to us and you will then have twenty (20) days from such date to attend such GameStop Canada store to pick up the replacement Product. In the event you fail to do so, such replacement Product will no longer be held for you and may no longer be available to You when you ultimately attend the GameStop Canada store . Again, in the event of a claim under a Plan, We are not required to replace the eligible Product and may instead elect, in our sole discretion, to provide You with a store credit equal to the price you originally paid for such eligible Product.
9. E. The product used to replace the Product may be new or refurbished, as determined by Us in Our sole discretion.

8. Payment and Purchase:

You may purchase a PRP or a GPG up to 30 days after the date of purchase of the underlying Product provided that at such time the Product is undamaged and in good working condition.

9. Assignment:

We reserve the right to assign all of Our rights and obligations under this Plan without notice. You may not transfer Your rights and obligations under this Plan to any other party.

10. Entire Agreement:

These terms and conditions represent the entire agreement between You and Us. No oral statements or written representation amends, alters, or modifies these terms and conditions.

11. Choice of Law:

These terms and conditions and any matter relating to this Plan will be construed under and governed by the internal laws of the Province of Ontario without regard to principles of conflicts of law. Any legal action, suit or proceeding in Canada arising out of or related to this Plan must be instituted in the courts of the Province of Ontario.

12. Special Requirement for Certain Provinces

This Plan is not offered and is void in any province or territory of Canada in which arrangements such as those described herein are or could be considered as being insurance and required to be underwritten or supported by a policy of insurance or sold by a licensed insurer or insurance agent or broker. In the event any provision of these terms and conditions are deemed illegal or otherwise unenforceable in any province or territory, such provision will be deemed, for that province or territory only, to be severed from these terms and conditions without affecting any other provision hereof.