1. Digital Content
1.1 Take-Two provides you with software and virtual items which are delivered to you via internet download only. You may be able to purchase the following Take-Two products via the Store: a) pre-order, b) subscription, c) access to a game (via key or a registered game account), d) in-game currency, e) in-game item, and f) premium account (collectively the “Digital Content”). Please note that, for the purposes of the Terms of Service, subject to your non-excludable rights, Digital Content is deemed to be included within the definition of “Virtual Items” in the Terms of Service and the terms and conditions (including any and all limitations) applicable to such “Virtual Items”, as detailed in our Terms of Service, are equally applicable to Digital Content.
1.2 You may need to create an Account, and link that Account to the Store, to purchase and use Digital Content and you may only purchase Digital Content if you are a legal resident of a country or territory where access to and use of Digital Content is permitted in accordance with applicable local laws and our Terms of Service.
1.3 All types of purchases of Digital Content will be titled “Items” or “Order”.
2. Order Process
2.1 By placing an Order with Take-Two via the Store, you acknowledge that your transaction will be with us. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, and our approval of your purchase, we will begin processing your Order.
2.2 Orders are typically processed instantly, but may take up to 2–5 days to complete depending on your chosen payment method.
2.3 Once your Order has been processed, we will send you a confirmation email using the email address you provided to us as part of your Order.
2.4 This confirmation email will serve as your electronic purchase receipt and will contain information about your Order. The contract between you and Take-Two will only be formed when you receive your Order confirmation email.
2.5 You will not receive a confirmation email and your Order will not be processed if (1) we are unable to supply you with an Item (for example, because that Item is no longer available, or because of an error in the price) or (2) your Order is anticipated to be delayed for thirty (30) days or more. Take-Two will inform you of this by email and we will notify you that we cannot process your Order. If you have already paid for the Item, we will refund you the full amount charged as soon as possible, but in no event later than fourteen (14) days from your receipt of an Order confirmation email, and, to the fullest extent permitted under applicable law, will incur no further liability to you.
2.6 We reserve the right to deny access to our servers if we establish a fact pattern that indicates the illegal use of the Digital Content or breach of this Refund Policy or the Terms of Service, or any other action aimed at obtaining any Digital Content which the user is not entitled to claim. Please note that such Customers whose accounts are banned do not have the right to demand the return of purchased Digital Content or any other refund, unless otherwise required under applicable law.
3. Order Price
The price of your Order will be quoted including any applicable taxes that Take-Two assesses on your purchase at the time of purchase and based on the country data you provide. Your payment method provider may also apply a currency conversion rate to the price of your Order, and/or additional processing fees. To the fullest extent permitted by law, Take-Two is not responsible for such charges and fees.
4. Order Delivery
4.1 Digital Content is delivered to you based on the information which you provide, and you are responsible for the accuracy of such information. If any regulations are breached (including but not limited to export/import regulations) due to inaccurate information provided by you, then you are responsible for such a breach.
4.2. Additional fees or costs may be incurred in downloading or receiving Digital Content (including, for example, fees charged by your internet service provider). You agree to pay all such fees or costs incurred and acknowledge that, to the fullest extent permitted by law, Take-Two is not responsible for any such fees or costs.
4.3. If our supply of your Digital Content is delayed by an event outside our control, such as strikes or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack; war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, epidemic, pandemic, or other natural disaster or act of God; limited access to public or private telecommunications networks; the acts, decrees or legislation, regulations or restrictions of any government, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Support (contact details in Section 10) to withdraw from the purchase and receive a refund for any products you have paid for in advance, but have not received.
4.4 If you have any other questions about your order, please visit Customer Support (contact details in Section 10).
5. Cancellation Requests
5.1 You may request to cancel, return or exchange any Order or purchases of Items within 14 days of purchase of your Item (“Cancellation Period”) where such request meets the terms of Section 6 below. Take-Two will take all reasonable actions to solve any issues you may have with the Item(s) or a refund request in good faith.
5.2 To request a refund you should follow the process set out in the “How do I request a refund?” FAQ at the bottom of the Store page or contact Take-Two customer support in accordance with Section 10 of this Refund Policy. Before sending a refund request, please note that there are some exceptions to the refund rules for Digital Content which are mentioned in the Refund Conditions section below.
6. Refund Conditions
IMPORTANT:
You acknowledge that you will lose your right to request a refund for any Digital Content, if: (a) you use, redeem or download such Digital Content during the Cancellation Period; or (b) such Digital Content is added to your Account during the Cancellation Period. For example, if you start downloading the Digital Content on your device, or you have entered the key to receive the Digital Content, during the Cancellation Period, that means that you waive your right to cancel the purchase. This rule does not apply where the cancellation is due to a fault or other issue with the content (i.e., triggering a statutory remedy as described in Section 6.5).
6.1. Item is not received, unavailable, or delayed – refund is allowed (see Section 2.5 above).
6.2. Pre-orders - refund is allowed. In case of pre-orders, which have not been delivered yet, you may get a refund at any time up to the day of release; after release, general rules of refunds are applicable.
6.3. Purchase of in-game currency or in-game item – subject to your non-excludable rights, refund is not allowed once the Digital Content has been received and/or added to your account.
6.4. Technical problems with the Digital Content that are (a) temporary; or (b) caused by your modification, alteration or addition to the Digital Content or any use thereof, including any combination of the Digital Content with other materials not provided by Take-Two or with hardware or systems that do not meet Take-Two’s recommended specifications – refund is not allowed (such issues must be reported directly to Take-Two Customer Support).
6.5. Additional Country-Specific Return Rights: If you are a resident of one of the following countries, in addition to any rights of refund set out above and any non-excludable rights to which you may be entitled, you have the following statutory rights of return:
Australia Customers
Our Digital Content comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Digital Content, you are entitled:
to cancel your Order with us; and
to a refund for the unused portion of the Digital Content, or to compensation for its reduced value.
You are also entitled to choose a replacement for major failures with Digital Content.
If a failure with the Digital Content does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Digital Content and to cancel the Order and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Digital Content.
Brazil Customers
If you are a consumer habitually residing in Brazil, then you have the right to forfeit the purchase within 7 days of receipt of an Order confirmation email for any reason except where prohibited by law. You must provide proof that you purchased the Digital Content in order to exercise this right.
EU and UK Customers Right of Withdrawal
If you are a consumer residing in the European Union or the United Kingdom, you have the right to withdraw from any purchase with us within 14 days from the day of receipt of an Order confirmation email or when you start downloading the Digital Content, whichever is sooner (the “Withdrawal Period”) without giving any reason. The Withdrawal Period will expire after 14 days.
To exercise your withdrawal right, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail) to the physical address or email provided in your Order confirmation email. You may use the model withdrawal form available at: https://www.take2games.com/withdrawal, but it is not obligatory. You can also fill out and submit another clear statement electronically and send it to us. If you make use of this option, we will send you confirmation of receipt of such withdrawal without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of your right of withdrawal before the Withdrawal Period has expired.
If you withdraw from the contract, we shall reimburse to you all payments received from you under the purchase without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
The terms of this withdrawal right will not apply to you if they have been waived by you and you have consented to the immediate supply of any Order.
Republic of Korea Customers
If you are a Korean customer who has purchased Digital Content, you have the following legal rights:
You may cancel the purchase of Digital Content within 7 days of receiving the Order confirmation email or the Digital Content (if you were provided with the Digital Content after receiving the notification). Refunds will be processed within 3 business days from our receipt of the information required for the refund. You may not cancel the purchase of such Digital Content in the following circumstances unless otherwise required under the relevant laws and regulations of South Korea:
the Digital Content is used or applied immediately upon purchase;
any additional benefit attached to the Digital Content has already been used;
the Digital Content has been opened when merely opening the Digital Content can be seen as using it or the usefulness of the Digital Content is determined at the time of opening it; or
the person designated as the recipient of a gift Digital Content expressed his/her intention to receive it.
However, notwithstanding the above, if the contents of the purchased Digital Content are different from what was indicated in the label or advertisement, or were provided in a different manner from the terms of this Refund Policy, you may request a refund within 3 months of receiving the purchased Digital Content or within 30 days from the date when you became aware or could have become aware of such inconsistency.
If you cancel the purchase, Take-Two may retrieve or delete the Digital Content whose purchase has been cancelled.
The additional rights set out in this Section 6.5 supplement any other rights set out in this Refund Policy. To the extent there are any inconsistencies with the other terms of this Refund Policy or the Terms of Service, the rights in this Section 6.5 will prevail.
7. Effects of Cancellation
7.1 Refunds can only be issued to the original payment method used for a payment, and you will not incur any fees as a result of such reimbursement. To the fullest extent permissible under applicable law, refunds will not be issued to a different payment method, and, in the case that Take-Two is required to make a refund to a different payment method (e.g. a non-refundable method was originally used), fees incurred from this charge will not be returned.
7.2 Subject to any applicable laws, refunds may take up to 10 business days to appear in your account, depending on the payment method to which it is being issued.
7.3 If you choose to cancel, you must clearly inform us of your decision during the Cancellation Period. To effectively cancel your Order or part of your Order, please reach out to the Support Team following the process set out in the “How do I request a refund?” FAQ at the bottom of the Store page and detail 1) the date that the Order has been paid, 2) the date that the Order has been received, 3) the Item(s) being cancelled, 4) the Game to which the Digital Content relates; 5) the Order reference number, 6) a screenshot of your Order confirmation email which is not in pending status with your payment provider or the error you’re receiving, 7) your full name, and 8) your player ID/UID or ZID. To find your player ID/UID or ZID:
a. Locate the "Setting" widget within your game.
b. Look for the Help icon or Player Support icon.
c. You should be able to locate your ZID, Player, or Device ID at the bottom.
7.4 For cancellation requests, we will provide you with confirmation of your cancellation request and, for any requests that meet the Refund Conditions set out in this Refund Policy, make the reimbursement without undue delay, but not later than fourteen (14) days after we are informed about your decision to exercise your cancellation right and receive your cancelled and returned Item(s) or within such other timeframe as is required by applicable laws.
8. Governing Law, Disputes, and Liability: AU, CH, EEA, UK
If you are habitually resident in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of this Section 8 apply to your legal contract with Take-Two. If you habitually reside outside of these territories or jurisdictions, please see Section 9 below.
8.1 Please read Section 14 (Governing Law, Disputes, and Liability: AU, CH, EEA, UK) of the Terms of Service which is incorporated into this Refund Policy and shall apply to this Refund Policy and any and all Digital Content and Orders. Please note that, if the Take-Two company entering into the contract with you in respect of an Order is in the EEA, the EU Commission has established an online dispute resolution platform for EEA residents: https://ec.europa.eu/consumers/odr.
9. Governing Law, Disputes, and Liability: United States & Rest of World.
If you are habitually resident in the United States or any territory other than Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of this Section 9 apply to your legal contract with Take-Two. If you habitually reside in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, please see Section 8 above.
9.1 Please read Section 15 (Governing Law, Disputes, and Liability: United States & Rest of World) of the Terms of Service which is incorporated into this Refund Policy and shall apply to this Refund Policy and any and all Digital Content and Orders. Please note that Section 15.5 of the Terms of Service includes binding individual arbitration and class action / jury trial waiver provisions and such provisions apply to you and are incorporated into this Refund Policy. Such provisions affect your rights with respect to any dispute between you and Take-Two, and require you and Take-Two to resolve disputes in binding, individual arbitration, and not in court, subject to the limited exceptions described therein.
10. Contact Details
If you have any further questions or concerns related to our Refund Policy, please feel free to contact our Customer Support using the ‘Support’ link at the bottom of the Store page for more information.
11. Privacy Policy
We are committed to protecting the privacy of our Customers. For information on how information is collected, used, disclosed, or otherwise processed by us in connection with your purchase, please consult our Privacy Policy.
12. Miscellaneous
12.1 This Refund Policy, together with the Terms of Service, is the entire agreement between you and us for Orders. It supersedes any prior written agreements between you and us regarding such Orders. Capitalized terms not defined in this Refund Policy have the same definition as in the Terms of Service and, in the event of an actual conflict between this Refund Policy and the Terms of Service related to your purchase or transaction, this Refund Policy shall take precedence.
12.2 We may modify the terms of this Refund Policy at any time with reasonable notice to you, as required under applicable law. The modified Refund Policy will be uploaded to https://www.take2games.com/refund-policy and will apply to all future purchases after such date. You accept the Refund Policy with each purchase, and hereby agree that you will read the Refund Policy before making a purchase, so please check https://www.take2games.com/refund-policy regularly for the latest terms.