Wii Shop Channel End User Licence 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".
Wii Shop Channel User Agreement
Article 1: Scope of this Agreement.
This agreement covers your use of the Wii Shop Channel Service. It is an addendum to the agreement covering your use of the Wii Network Service, which you have already accepted. The provisions of the Wii Network Service agreement apply to the use of the Wii Shop Channel in addition to the provision of this agreement. The definitions in the Wii Network Service agreement apply to this agreement. If there are any inconsistencies, this Wii Shop Channel agreement will prevail.
Article 2: Wii Shop Channel Service.
The Wii Shop Channel Service is provided to you by Nintendo. Nintendo may modify the Wii Shop Channel 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 Wii Shop Channel Service, or any part of it, and/or cease to provide any or all of the Content and Products offered on the Wii Shop Channel Service.
Article 3: Wii Shop Channel Account.
By accepting this agreement a Wii Shop Channel Account is automatically opened for your Wii Console. Only one Wii Shop Channel Account can be opened for each Wii Console. A Wii Shop Channel Account is personal to you. Your Wii Shop Channel Account and any Content or Products associated with your Wii Shop Channel Account may not be sold or otherwise transferred to another person.
You are responsible for monitoring your Wii Shop Channel Account and for setting up appropriate Parental Control or other measures to limit the access to the Wii Shop Channel Service (for details please see your Wii operations manual).
Article 4: Points.
The Wii Shop Channel Service allows you to use Points you have purchased to license Content or purchase Products. Points are not your personal property. Points have no cash or monetary value and are non-refundable.
Points are for your own personal use. Once Points are placed into your Wii Shop Channel Account, you may not withdraw or sell them or transfer them to another person. You are responsible for your use of Points placed into your Wii Shop Channel Account, and for anyone else’s use of those Points, whether or not you gave them permission to use them.
If there is any fraudulent or unlawful activity concerning the Points in your Wii Shop Channel Account or your use of Points, we may cancel, suspend or otherwise limit your access to the Wii Network Service, or any portion of the Wii Network Service, upon which your right to use the Wii Shop Channel Service, including your Points, will immediately cease.
Article 5: Crediting Points to the Wii Shop Channel Account.
There are two ways to add Points to your Wii Shop Channel Account. You can either use your credit card to purchase Points online, which are then immediately credited to your Wii Shop Channel Account or you can buy a Wii Points Card at a retail store.
Article 6: Credit Card Charges and Your Billing Account.
If you use your credit card to purchase 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 Points are non-refundable.
Each time you purchase Points online through the Wii Shop Channel Service, and each time you use Points to license Content or purchase Products, the transaction will be reflected in your account history. You may obtain your account history through the Wii Shop Channel 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 Wii Console.
Article 7: Downloading of Games from the Wii Shop Channel.
On the Wii Shop Channel Service we offer a number of video games for download. By completing the order procedure you acquire a limited licence to play the selected video game. Please note that you may only play the downloaded game on the Wii Console on which it was first downloaded; it is not possible to transfer the game to another Wii Console.
Upon ordering a certain video game, the number of Points required to download that game will be charged to your Wii Shop Channel Account. Once you have completed the order procedure for a video game, 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 Wii Shop Channel Service only obtain access to content that is appropriate for their age.
Article 9: Privacy and Use of Personal Information.
Article 10: Cancellation of your Wii Shop Channel Account.
You may cancel your Wii Shop Channel Account by contacting Nintendo Customer Service. If you cancel your Wii Shop Channel Account, you will no longer be able to use the Wii Shop Channel Service and you will automatically forfeit any rights to any unused Points, which become the property of Nintendo.
Australia and New Zealand
The Wii Network Services are operated by:
Nintendo Australia Pty Limited (ABN 43 060 566 083)
804 Stud Road, Scoresby, Victoria 3179, Australia
Nintendo Customer Service +61 3 9730 9822