DSi Shop Service Agreement
This is a binding agreement between you, an individual, and Nintendo Australia Pty Ltd ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, Australia. In this Agreement, Nintendo Australia Pty Ltd will be referred to as “Nintendo”, “we” or “us”.
Article 1: Scope of this Agreement.
This Agreement covers your use of the Nintendo DSi Shop Service. It is an addendum to the agreement covering your use of the Nintendo DSi Network Service, which you have already accepted. The provisions of the Nintendo DSi Network Service Agreement apply to the use of the Nintendo DSi Shop Service in addition to the provision of this Agreement. The definitions in the Nintendo DSi Network Service Agreement apply to this Agreement. If there are any inconsistencies, this Nintendo DSi Shop Service Agreement will prevail.
Article 2: Nintendo DSi Shop Service.
The Nintendo DSi Shop Service is provided to you by Nintendo. Nintendo may modify the Nintendo DSi Shop Service (in particular if this is necessary or helpful to enhance the Service or to adapt it to reflect changes in technical or legal requirements), terminate the Nintendo DSi Shop Service, or any part of it, and/or cease to provide any or all of the Content, Third Party Data, Products or services offered on the Nintendo DSi Shop Service.
Article 3: Nintendo DSi Shop Account.
By accepting this agreement a Nintendo DSi Shop Account is automatically opened for your Nintendo DSi System. Only one Nintendo DSi Shop Account can be opened for each Nintendo DSi System. A Nintendo DSi Shop Account is personal to you. Your Nintendo DSi Shop Account and any Content, Third Party Data, Products or services associated with your Nintendo DSi Shop Account may not be sold or otherwise transferred to another person.
You are responsible for monitoring your Nintendo DSi Shop Account and for setting up appropriate Parental Control or other measures to limit the access to the Nintendo DSi Shop Service (for details please see your Nintendo DSi operations manual).
Article 4: Nintendo Points.
The Nintendo DSi Shop Service allows you to use Nintendo Points you have purchased to license Content, Third Party Data, Products or services. Nintendo Points are not your personal property. Nintendo Points have no cash or monetary value and are non-refundable.
Nintendo Points are for your own personal use. Once Nintendo Points are placed into your Nintendo DSi Shop Account, you may not withdraw or sell them or transfer them to another person. You are responsible for your use of Nintendo Points placed into your Nintendo DSi Shop Account, and for anyone else’s use of those Nintendo Points, whether or not you gave them permission to use them.
If there is any fraudulent or unlawful activity concerning the Nintendo Points in your Nintendo DSi Shop Account or your use of Nintendo Points, we may cancel, suspend or otherwise limit your access to the Nintendo DSi Network Service, or any portion of the Nintendo DSi Network Service, upon which your right to use the Nintendo DSi Shop Service, including your Nintendo Points, will immediately cease.
Article 5: Crediting Nintendo Points to the Nintendo DSi Shop Account.
There are two ways to add Nintendo Points to your Nintendo DSi Shop Account. You can either use your credit card to purchase Nintendo Points online, which are then immediately credited to your Nintendo DSi Shop Account or you can buy a Nintendo DSi Points Card at a retail store.
Article 6: Credit Card Charges and Your Billing Account.
If you use your credit card to purchase Nintendo Points online, you represent to us that you are authorised to use the credit card and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, all charges to the credit card that is used to purchase Nintendo Points are non-refundable.
Each time you purchase Nintendo Points online through the Nintendo DSi Shop Service, and each time you use Nintendo Points to license Content, Third Party Data, Products or services, the transaction will be reflected in your account history. You may obtain your account history through the Nintendo DSi Shop Service. Account history information will be available for transactions conducted within the last two calendar years, unless you delete the information from your account history or reset your Nintendo DSi System.
Article 7: Downloading of Content from the Nintendo DSi Shop.
On the Nintendo DSi Shop Service we offer Content for download. By completing the order procedure you acquire a limited licence to play the selected Content. Please note that you may only play the downloaded Content on the Nintendo DSi System on which it was first downloaded; it is not possible to transfer the Content to another Nintendo DSi System.
Upon ordering Content, the number of Nintendo Points required to download that Content will be charged to your Nintendo DSi Shop Account. Once you have completed the order procedure for Content, you cannot cancel that transaction.
When the download has been completed, you will receive a receipt confirming your transaction. This receipt will be posted in your account history.
Article 8: Parental Controls.
We strongly recommend that you make use of the Parental Controls function to make sure that all users of your Nintendo DSi Shop Service only obtain access to content that is appropriate for their age.
Article 9: Privacy and Use of Personal Information.
Any personal information we collect from the use of the Nintendo DSi Shop Service and the Nintendo DSi Shop Account will be subject to the Nintendo DSi Privacy Policy. You accepted the Nintendo DSi Privacy Policy when activating the Nintendo DSi Network Service. We encourage you to review the relevant sections in this Nintendo DSi Privacy Policy, available at //www.nintendo.com.au.
Article 10: Cancellation of your Nintendo DSi Shop Account.
You may cancel your Nintendo DSi Shop Account by contacting Nintendo Customer Service. If you cancel your Nintendo DSi Shop Account, you will no longer be able to use the Nintendo DSi Shop Service and you will automatically forfeit any rights to any unused Nintendo Points, which become the property of Nintendo.
Contact Nintendo Consumer Support.