TERMS ANDCONDITIONS OF THE G2A.COM PLATFORM
1.2 G2A.COM allows to search for and view Products offered by the Seller Stores.
1.3 G2A.COM is not the Seller unless otherwise indicated on the Platform. G2A.COM does not purchase Products from Sellers and does not re-sell them to Buyers (defined below).
1.5 These Terms and Conditions define legal relations between G2A.COM and Users (defined below).
2.1 Account – means an account kept on the Platform for a User.
2.2 Adjustments – means any and all refunds, reversals, revokes, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the Seller and/or from G2A.COM as a result of the Seller’s breach of these Terms and Conditions, Regulations and/or any Intermediate Body Scheme Rules.
2.3 Affiliate – means a corporation, partnership, or other entity that is controlling G2A.COM, is controlled by G2A.COM, and/or is under common control with G2A.COM. For purposes of this definition, “control” means ownership, directly or indirectly, of at least fifty percent (50%) of the voting rights in such entity (or, in the case of a non-corporate entity, equivalent rights).
2.4 Buyer – means any natural person and/or legal person buying a Product from a Seller offered at a Seller Store, or any natural person and/or legal person buying G2A PLUS.
2.5 Consumer – means any Buyer, who is a natural person and who acts in relation to G2A.COM for purposes, which are outside trade, business, craft, or profession.
2.6 External Seller Store – has the meaning given to it in section 5.5.1 below.
2.7 Export Products to the External Seller Store – has the meaning given to it in in section 5.5.1(a) below.
2.8 Fee – means fees, surcharges, expenses, interchange fees, and similar fees and assessments, and other amounts due to the Services provided by G2A.COM to a User, particularly fees and commissions from Sellers related to the Seller’s activity within the Seller Store, and fees related to G2A PLUS.
2.9 G2A Balance - means a personalized electronic tool that presents the records reflecting a Seller's claim (excluding the option of the transfer to and/or payment outside the Platform), and G2A.COM’s obligation to pay of such funds to the Seller.
2.10 G2A.COM – means one (1) of the following companies that provide the Services according to these Terms and Conditions:
2.10.1 G2A.COM Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, entered into Hong Kong Registry Companies under no. 2088957; or
2.10.2 G2A LLC with its registered office in Las Vegas, address: 701 South Carson Street, Suite 200, Carson City, Nevada 89701, USA, entered into Nevada Registry Companies under no. 203382898.
2.11 Import Products from the External Seller Store – has the meaning given to it in section 5.5.1(b).
2.12 Intermediate Body - means an institution that participates in the transfer of payment between a Buyer and a Seller due to the Transaction, in particular banks, settlement agents, acquirers, entities operating payment systems, card organizations, electronic money institutions, payment service providers, or financial institutions.
2.13 Intermediate Body Scheme Rules - means all current and future bylaws, rules, regulations, interpretations, and other guidelines promulgated by any Intermediate Body from time to time.
2.14 Indemnify - has the meaning given to it in section 11.4.1 below.
2.15 Indemnification - has the meaning given to it in section 11.4.1 below.
2.16 Indemnified Parties - has the meaning given to it in section 11.4.1 below.
2.17 Materials - has the meaning given to it in section 5.3.6 below.
2.18 Penalties - means any fine and/or amount (including any associated costs) which may be levied on G2A.COM and/or the Seller by a court, government authority, Intermediate Body due to breaches by the Seller of these Terms and Conditions, Intermediate Body Scheme Rules, and/or Regulations.
2.19 Products - means digital items, especially game activation code and other types of vouchers, offered by a Seller on a Seller Store that allow to obtain goods and/or services offered outside the Platform.
2.20 Privacy and Cookies Policy – means a set of rules regulating the processing of personal data and privacy protection policies implemented by G2A.COM and its Affiliates. Privacy and Cookies Policy are available at https://www.g2a.com/privacy-policy.
2.21 Regulations - means any applicable laws, statutes, statutory instruments, acts, regulations, orders, directives and guidelines issued by relevant government agencies, regulators, self-regulatory bodies and trade associations or any other relevant trade or industry body rules applicable to a User.
2.22 Sanctions - means any financial, economic, or trade sanction or restrictive measures established, applied, imposed, or enforced by government authorities of the People's Republic of China, including Hong Kong, the European Union, the United Nations Security Council, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or the U.S. Department of State or any other competent authority.
2.23 Seller – means an entrepreneur, operating in any form, including sole proprietorship, corporation, partnership, or other entity, who operates a Seller Store.
2.24 Seller Store – means a dedicated separated space within the Platform with a unique name and unique address operated by a Seller for whom G2A.COM provides tools and functionalities to host, create, modify, and operate an online dedicated store within the Platform.
2.25 Platform – means a group of affiliated websites made available on the Internet in the domain g2a.com and/or the mobile app where Seller Stores are available.
2.26 Reflink - means a special website address generated by the specific functionality of the Platform, containing a unique identification of the User; after clicking of which the Reflinked Person can see the Products offered on the Platform.
2.27 Reflinked Person – means a User who clicked on the Reflink placed by the other User, and therefore has a valid cookie in their web browser due to the click on that Reflink.
2.28 Services – means services described below in section 5.1 of these Terms and Conditions.
2.29 Terms and Conditions – mean these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Platform and rights and obligations of Users and G2A.COM.
2.30 Transaction – means a sale transaction executed between the Buyer and the Seller via the Seller Store under which the Buyer purchases a Product from the Seller.
2.31 User – means the Seller and/or the Buyer.
3.1 These Terms and Conditions shall apply to relations between G2A.COM and the User.
3.3.1 Without prejudice to sections 5.4, 5.6.1, 5.8.5, and 5.11.9 herein, depending on residence, headquarters, or place of habitual residence of the Buyer, the Buyer executes these Terms and Conditions with one of the following companies:
(b) G2A.COM LIMITED with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong – in the case the Buyer has a residence, headquarters or place of habitual residence in other countries (territories) than set forth in section (a) above.
3.3.2 In the case of Services referred to in sections 5.4, 5.6.1, 5.8.5, and 5.11.9 herein, the Buyer executes these Terms and Conditions with G2A.COM Limited.
3.3.3 In the case of G2A PLUS referred to in section 5.8, the Buyer executes these Terms and Conditions with one of the following companies, depending on the place of residence, headquarters or place of habitual residence of the Buyer:
(a) G2A LLC – in case the Buyer has a residence, headquarters or place of habitual residence in Australia, Singapore, or the United Kingdom; or
(b) G2A.COM Limited – in case the Buyer has a residence, headquarters or place of habitual residence in other countries than set forth in section (a) above.
3.4.1 Without prejudice to section 5.4, 5.6.1, 5.8.5, 5.11.9 herein, depending on a residence, headquarters, or place of habitual residence of the Buyer with which the Seller executes the Transaction, the Seller executes these Terms and Conditions with one of the following companies:
(b) G2A.COM LIMITED with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong – in the case the Buyer has a residence, headquarters or place of habitual residence in other countries (territories) than set forth in section (a) above.
4. Platform, FORBIDDEN actionS, AND PLACEMENTS
4.1.1 The minimum technical requirements necessary to use the Platform are as follows:
(a) access to e-mail;
(b) computer, laptop, or other devices with Internet access;
(c) web browser with support enabled Cookies and JavaScript, for example Mozilla Firefox, Microsoft Edge, Opera, Safari, and Google Chrome;
(d) mobile device with Internet access, on which G2A app is installed.
4.2.1 The User may not provide content to the Platform that:
(a) causes work disturbance or overloads of online systems, including the Platform;
(b) breaches Regulations;
(c) violates third-party rights, including copyright, intellectual property rights, or personal rights;
(d) is other unlawful content.
4.2.2 The User acknowledges and accepts that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the User’s data by unauthorized persons as well as “infecting" the online system with various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses".
4.3.1 The position of offers related to the Products offered in Seller Stores is based on mechanisms that consider the following factors:
(a) in the search engine available on the Platform:
(i) data related to a Product offer - the number of Products purchased by Buyers in time intervals, the number of purchases made as offers related to Products, the price of Products being the subject of the offer, using the Products sales offers promotion option; and
(ii) data related to the Seller - the number of positive and negative opinions about the Seller (Seller Store), percentage of recommendations from Buyers related to the given Seller (Seller Store); and
(b) in the product page related to the Product:
(i) the price of the Product being the subject of the offer, the number of the Product offered by the Seller (Seller Store), the number of positive and negative opinions about the Seller (Seller Store), percentage of recommendations from Buyers related to the Seller (Seller Store);
(ii) paid promotion of the Seller's Product offers which allows them to place their Products offers higher than the offers of other Sellers (Seller Stores).
4.3.2 The Seller has access to data related to the activities performed within their Seller Store.
4.3.3 G2A.COM does not provide paid access to statistics of the Platform.
5. Services provided by G2A.COM
5.1.1 G2A.COM provides Users with the following electronic services:
(b) Seller Store functionalities,
(c) Advertising content and browsing functionalities,
(d) Newsletter,
(e) G2A API,
(f) G2A Gift Cards,
(g) G2A Marketplace Rating System,
(h) G2A PLUS;
(i) G2A Discount program;
(j) G2A Balance;
(k) Goldmine.
5.1.2 Services (or any other functionalities incorporated into the Platform) can be different in various countries or regions. No guarantee is given to the effect that a service or functionality of a certain type of Service will be available for all Users. G2A.COM may restrict, decline or create another level of access relating to the Services (or any other functionality incorporated into the Platform) as required by Regulations.
5.1.3 G2A.COM reserves the right to make temporary unavailability of access to the Platform, and Services, which may occur due to modernization works or technical problems. G2A.COM will use commercially reasonable efforts to make the Platform, and Services available with an uptime percentage of at least 80% during a yearly cycle. In the event of the occurrence of any critical issue in the Platform, and Services, G2A.COM will endeavor to remove a bug or provide a bug workaround (workaround does not mean a bug fixation but allows to use of key functionalities) within 1 (one) week hereof. The User acknowledges that from time-to-time G2A.COM may perform reasonable scheduled and emergency maintenance, and the Platform, and Services may be unavailable during the times we are performing such maintenance.
5.2.1 Establishment of legal relationship with G2A.COM.
The legal relationship between the User and G2A.COM enters into force immediately after:
(a) the Seller successfully registers the Account on the Platform; or
(b) the Buyer successfully registers the Account or agrees on these Terms and Conditions during Transaction process if the Buyer uses the Platform without registration of the Account.
5.2.2 Representation and warranties – the natural person (individual).
(a) Each User who is a natural person (individual) hereby represents, warrants, and undertakes that:
(i) they are at least eighteen (18) years old (or have reached another age which allows pursuant to relevant Regulations to execute legally binding agreements), have full capacity to assume and exercise the rights and obligations regulated in these Terms and Conditions;
(ii) should the User act for and on behalf of a third party, they are authorized to assume and exercise the rights and obligations regulated in these Terms and Conditions for and on behalf of such third party; and
(iii) they have and will maintain all necessary licenses, consents, and permissions necessary for the performance of their obligations under these Terms and Conditions (if required by applicable Regulations).
5.2.3 Representation and warranties – legal person.
(a) Each User who is a legal person hereby represents, warrants, and undertakes that:
(i) is a corporation duly organized, validly existing, and in good standing under the laws of its seat, and has the power and authority to engage in the activities that are the subject of these Terms and Conditions, and is pursuing commercial goals;
(ii) these Terms and Conditions constitute a legal, valid, and binding obligation in relation to the User, enforceable against the User in accordance with applicable Regulations;
(iii) has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under these Terms and Conditions (if required by applicable Regulations); and
(iv) may execute a legal relationship with G2A.COM in accordance with these Terms and Conditions, and the applicable Regulations, especially the country, state, or province where it has a residence, headquarters, or place of habitual residence does not prohibit it from using the services offered within the Platform.
5.2.4 Registration and Account use.
(a) To set up an Account the User is obliged to fill in the registration form available on the Platform. Thereafter, G2A.COM will open an Account. To register the Account, the User may not use a disposable or temporary e-mail address.
(b) The User hereby acknowledges and agrees that G2A.COM utilizes tools to detect the localization of computer network devices (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarters, or place of habitual residence indicated by the User during the registration process, G2A.COM shall be entitled to refuse to set up an Account. The User hereby agrees on confirming or making available specific data to confirm their place of residence, headquarters, or place of habitual residence.
(c) The User is entitled to set up only one (1) Account unless G2A.COM decides otherwise.
(d) The User is obliged to exercise reasonable care to ensure that up-to-date data, documents, and information provided during the registration process are always assigned to the Account.
(e) The User may not share or make available access to the Account to a third party (this section does not apply to the Seller in terms of making their Account available to the persons entitled by the Seller to act on their behalf and use the Account; G2A.COM may request the Seller to provide a list of persons entitled to use the Account, which the Seller shall deliver within 7 (seven) calendar days from receipt of the notice in this respect).
(f) The User agrees to provide and maintain up to date information in the Account and to not share the Account password with any other person. The Account is personal, and the User must not transfer or provide it to others without the prior consent of G2A.COM.
(g) The User is responsible for keeping the Account details and their username and password confidential and the User will be liable for all activity on the Account. The User agrees to immediately notify G2A.COM of any unauthorized use of their Account.
(h) If set out in the Account, the User may be permitted to invite a number of users to the Platform, who will be permitted to access and use the Platform under their Account. Such a person will have permission to access certain features of the Platform and the User’s Account. The User will ensure that each such person complies with these Terms and Conditions. The User is responsible and liable for the acts or omissions of such person.
5.2.5 Know-Your-Customer.
(a) To register as a User, G2A.COM may require data, documents, and information from the User to pass a Know-Your-Customer process. Such data, documents, and information provided by the User must be true, accurate, valid, and complete.
(b) The User shall immediately report all changes to the data, documents, and information provided to G2A.COM to keep them true, accurate, valid, and complete.
(c) If a User has a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other forms of the corporate transaction) or closed or lost their right to act as an entrepreneur (if any), User shall give notice to G2A.COM within (ten) 10 calendar days after the change of control.
(d) Without any rights and legal remedies available to the person and/or entity, G2A.COM reserves the right to
(i) such person and/or entity fails to provide the data, documents, and information requested by G2A.COM (also during periodically carrying out the Know-Your-Customer of Users);
(ii) any person’s and/or entity's application violates Regulations, in particular AML policies and regulations, or there is a reasonable suspicion of a violation of the Regulations.
(e) G2A.COM may also be obliged to periodically carry out the Know-Your-Customer process due to the applicable Regulations. In such a case, G2A.COM is entitled, and the User is obliged to provide information, data and documents requested by G2A.COM.
(f) Until the entire Know-Your-Customer process is completed, G2A.COM may prevent access, suspend, or limit the use of the Account by a User.
5.2.6 Sanctions.
(a) G2A.COM refuses to provide the Services to Users who have a residence, headquarters, or place of habitual residence on the list of countries and/or territories subject to Sanctions and/or to Users who are subject to Sanctions, or whose activities or relationships may pose an increased risk of money laundering or terrorist financing.
(b) The User represents and warrants that the User is not subject to Sanctions, is not a resident of the Sanctioned country and/or territory, does not use the currencies of those Sanctioned countries and/or territories, or holds any financial instruments issued by those Sanctioned countries and/or territories.
5.3 Seller Store functionalities.
5.3.1 G2A.COM provides various digital tools for Sellers to host, set up and operate Seller Stores where the Products are offered, including a range of tools to build and customize the Seller Store, enable selling in multiple places (including the Seller Store and other online locations, e.g., External Seller Store), manage Products, marketing and advertising, and engage with existing and potential customers.
5.3.2 The Seller may tailor the appearance of the Seller Store to suit their needs. G2A.COM may, at its absolute discretion, add or modify certain elements in the appearance of the Seller Store only in the event of a given element refers to G2A.COM and/or any of the elements being a part of the Seller Store violates these Terms and Conditions and/or applicable Regulations.
5.3.3 The Seller is responsible for ensuring that Seller’s commercial information, including legal name, address, business registration number, tax identification number, and any other information required by applicable Regulations is clearly visible within the Seller Store area.
5.3.4 Within the Seller Store functionalities, G2A.COM provides a Seller with the optional tax rates management tool. The tax rate information included in the tax rates management tool may differ from the information published by official public authorities. The Seller is obliged to check the correctness of the information with official equivalents published by the public authorities and determine the appropriate tax rate applicable to the Products offered within their Seller Store.
5.3.5 Based on the information provided by the Seller, G2A.COM provides exemplary, pre-prepared templates of descriptions of selected Product categories, which may be offered at the Seller Stores. Templates of the Product descriptions should be used for reference only and should not be recognized as an assessment of a specific Product. The Seller is obliged to provide true, accurate, valid, and complete information to prepare the Products descriptions, in compliance with real Products features, interoperability, and compatibility. G2A.COM assumes no responsibility for the compliance of the Products description with its content, in a situation when the Seller misinforms regarding the Product. The Seller hereby entitles G2A.COM to use the information defined here and provided by them free of charge, to prepare descriptions of Products being offered, including modifications, alterations, and translation of this content into other languages.
5.4.1 When a User sing up for the Newsletter, G2A.COM Limited provides free of charge a newsletter service to selected Users that includes commercial information regarding the Platform, changes and news in its functionality as well as events related to the activity conducted by G2A.COM and/or its Affiliates.
5.4.2 The newsletter is provided for an indefinite period upon subscribing to it. Each User may terminate the newsletter at any time by deactivating it in the Account or by clicking on the link in each email to cancel a subscription included in a newsletter message.
5.4.3 G2A.COM Limited may terminate the newsletter at any time.
5.4.4 The Newsletter shall be sent to the e-mail provided by a User upon signing up for the newsletter.
5.5.2 Export Products to the External Seller Store
(a) The Export Products to the External Seller Store is done, when G2A.COM receives confirmation from the payment provider (inter alia from bank and/or payment institution) that funds for sold Products are duly transferred by the External Seller Store to the Seller and/or G2A.COM.
(b) Each time when Transaction under Export Products to the External Seller Store is done, the G2A Balance of the Seller who implemented the G2A API is to be immediately charged by the price for sold Products and other fees which shall be paid due to the Services provided. The Seller who implemented the G2A API on the External Seller Store is required to maintain an appropriate and adequate funds level on the G2A Balance to meet all external buyers' demands for Products offered on various External Seller Stores and to pay G2A.COM all and any price and fee. For the avoidance of doubt, G2A.COM is not responsible for the collection of any price and/or fee from an external buyer who purchased a Product under the Export Products to the External Seller Store (this obligation is on the Seller’s side).
5.5.3 Import Products from the External Seller Store
(a) In relation to Transactions carried out in the Import Products from the External Seller Store, the provisions of section 5.5.2 shall not apply.
5.5.4 General rules relating to G2A API
(a) Without prior G2A.COM consent, the number of transactions as may be executed under G2A API is limited in accordance with the following rules:
(b) By using G2A API the User accepts that G2A API is a constantly evolving service, and it causes G2A.COM to provide updates to the G2A API from time to time. Each Seller who uses the G2A API is obligated to instantly apply any updates released by G2A.COM. For the avoidance of doubt, G2A.COM shall not at any time be obliged to provide any modifications to the G2A API, including without limitation any updates, upgrades, and/or any new version of the G2A API.
5.6.1 G2A.COM Limited may issue and offer for sale G2A Gift Cards.
5.6.2 G2A.COM undertakes to allow Sellers to accept G2A Gift Cards for use on their Seller Store(s) and provide technical features within the Platform to execute the Transaction with use of G2A Gift Cards. Sellers agree and undertake to accept G2A Gift Cards under the Transaction.
5.6.3 G2A Gift Cards can only be redeemed by Buyers on the Platform after entering their alphanumeric code in an appropriate place.
5.6.4 The User accepts and acknowledges that G2A.COM does not guarantee that the use of the G2A Gift Card will be possible in each Seller Store. Each Seller, at its own discretion, may opt-in to accept use of the G2A Gift Cards within his/her Seller Store.
5.6.5 G2A Gift Cards may be used only to top up the G2A Balance dedicated for the Buyer to purchase Products offered in Seller Stores.
5.6.6 G2A.COM, at its absolute discretion, may limit the number of G2A Gift Cards that are to be issued and which the User may purchase and/or use within a certain time, as well as implement other restrictions on their use.
5.6.7 Each G2A Gift Card may have a different value depending on the currency used to purchase it (e.g., G2A Gift Cards purchased by EUR may have different value than G2A Gift Cards purchased by USD).
5.6.8 G2A Gift Card:
(a) do not confer any rights to demand interest or other fees due to its depositing;
(b) are not e-money;
(c) are not redeemable for cash or other cards, are not reloadable or refundable, and cannot be resold, exchanged, or transferred for value, except as required by law;
(d) may not be used to purchase Products from the crypto assets category.
5.6.9 G2A.COM has the right to block the redemption and/or use of G2A Gift Cards in the following cases:
(a) expiration of the G2A Gift Card;
(b) prior use of the G2A Gift Card;
(c) occurs reasonable objections to revoke G2A Gift Card, in particular they are used in violation of the Regulation;
(d) G2A Gift Cards are obtained from an illegal source and/or in an illegal manner;
(e) there is no technical possibility to use the G2A Gift Card.
5.6.10 G2A.COM is not responsible if G2A Gift Cards are lost, stolen, destroyed, or used without the Buyer’s permission unless it is G2A.COM’s fault.
5.6.11 The G2A Gift Card may not be used to purchase other G2A Gift Cards.
5.7 G2A Marketplace Rating System.
5.7.1 G2A Marketplace Rating System allows the Buyer to provide the Seller with opinions related to Products purchased on the Seller Store and to the Seller. Moreover, within this functionality, the Users may use a dispute management tool where they may resolve their problems concerning the Transaction.
5.7.2 The Buyer who purchased the Product is allowed to post both positive and negative opinions. Opinions cannot be sponsored. The contractual relationship with the Seller should not affect the opinions. The opinions are verified whether the Buyer who posts an opinion purchased a Product.
5.7.3 G2A Marketplace Rating System functionality allows a Buyer to give a Seller a positive or negative rating related to a completed a Transaction within 30 (thirty) days of purchase of a Product.
5.7.4 If the Seller received a negative rating from the Buyer, the dispute management tool allows as follows:
(a) start a dispute with the Buyer via the conversation module available in a Seller Store; under the foregoing dispute, the Seller may submit the request to the Buyer to:
(i) provide the Seller with clarification of the negative rating and/or
(ii) request to its change (at the Buyer's discretion);
(b) provide G2A.COM with information concerning the rating abuse incident made by the Buyer, provided, however, that the Seller had contacted and resolved the dispute with the Buyer.
5.7.5 The dispute management tool allows for one-time change of the negative rating granted by the Buyer to the Seller if the Seller resolves the Buyer’s problem with the purchased Product in one (1) of the following way:
(a) provide the Buyer with a full refund for sold Product; or
(b) provide the Buyer with the replaced Product of the same kind.
5.7.6 If the Buyer accepts the refund or replaced Product, the tool allows the Buyer to change the Seller’s negative rating. If the Buyer does not respond within 7 (seven) days hereof, the dispute management tool marks the rating of the Seller as neutral.
5.7.7 If the Seller provides the Buyer with a different Product, then the tool does not allow to change the negative rating related to the disputed Product – in that case, the Buyer is entitled to grant the Seller the new rating for such a different Product.
5.7.8 If the Buyer abuses these Terms and Conditions and/or any Regulations, G2A.COM may, at its absolute discretion, decline the rating related to the disputed Product granted by the Buyer.
5.7.9 At its absolute discretion, G2A.COM to ensure compliance with Regulations, is entitled to verify and/or edit the opinion provided by the Buyer or Seller within the G2A Marketplace Rating System if:
(a) it is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory, racist, unlawful, malicious, discriminatory, or which might call G2A.COM or the Service into disrepute;
(b) impersonates any moderator, administrator or staff, or other persons connected with G2A.COM;
(c) infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
(d) includes restricted and/or password-protected content or material;
(e) tries to gain unauthorized access to any computer, servers, or any part of the Service including its servers, network, and computers;
(f) tries to gain unauthorized access to any profiles, blogs, forums, communities, account information, bulletins, or other aspects of the Service;
(g) the opinion provided by the Buyer, or the Seller violated the Regulations in any other way.
(a) The Buyer may purchase the subscription for G2A PLUS under which they may obtain in each month of subscription the following benefits:
(i) One (1) game activation voucher for a video game that may be claimed by the Buyer starting, respectively, from the date when G2A PLUS subscription has been paid by the Buyer and then on each anniversary of the month of subscription purchase for the duration of the subscription; the unclaimed game activation voucher within the aforesaid period is lost;
(ii) Top Priority Support;
(iii) Discounts for Products that are to be presented at g2a.com/plus.
(b) The game activation voucher is assigned to the Buyer’s account on an external platform that offers a video game to download.
(c) Discounts for Products may be subject to limitations, including category, item, territory, and/or number of Products that may be purchased with a discount in a month. The aforesaid limitations shall be always presented at g2a.com/plus.
(d) G2A.COM declares and the User agrees that all the benefits under G2A PLUS may not be available in each month of subscription. The Buyer agrees that in some months of G2A PLUS subscription, they will be able to obtain only part of the benefits mentioned above, which will not affect the reduction, and/or refund of the fee paid by the Buyer for the G2A PLUS subscription.
(e) G2A.COM shall not be responsible for any Products which the Buyer may receive from an external partner (this section shall not be applied to Top Priority Support) with the use of G2A PLUS unless the applicable law provides otherwise. The Buyer acknowledges and accepts that under G2A PLUS they may receive only access to benefits provided by an external partner, and G2A.COM is not a provider of Products that can be purchased from the external partner on preferential conditions due to participation in G2A PLUS. Any responsibility related to a given benefit received by the Buyer within participation in G2A PLUS lies at the external partner who provides the Buyer with products and/or services unless the applicable law provides otherwise.
5.8.2 The Buyer may purchase G2A PLUS for:
(a) limited period - 1 (one), 3 (three), 6 (six), 12 (twelve) months, or
(b) indefinite period – with a billing period of 1 (one) or 12 (twelve) months.
5.8.3 Fee and payment for G2A PLUS.
(a) The G2A PLUS subscription shall start once the Buyer paid for subscription.
(b) The price for G2A PLUS shall be paid, in advance, by a Buyer through a single payment or by means of a recurring payment method. The single payment may be used solely for G2A PLUS purchased for a limited time. The recurring payment method may be used solely for G2A PLUS purchased for an indefinite period.
(c) If the Buyer purchased G2A PLUS for an indefinite period, then G2A PLUS subscription fee shall be billed each time in advance monthly, or yearly (depending on the billing period selected by the Buyer) from the Buyer’s recurring payment method selected by the Buyer during the purchasing process, unless and until the Buyer cancels it in the Account.
(d) The benefits under G2A PLUS are to be provided to the Buyer who purchased it with the use of a recurring payment method only when G2A.COM receives the price for it billed monthly or yearly.
5.8.4 Suspension, and cancellation of G2A PLUS.
(a) If the Buyer does not want to continue the subscription of G2A PLUS executed for an indefinite period, they may cancel it by unselecting the subscription in the Account at any time, however, the cancellation of the subscription does not assure the right to refund of any G2A PLUS subscription fee paid by the Buyer to G2A.COM before the date of receipt the cancellation notice by G2A.COM. Following any cancellation of G2A PLUS, the Buyer has access to G2A PLUS through the end of the Buyer’s current billing period. G2A.COM does not provide refunds for any partial G2A PLUS billing periods.
(b) G2A.COM reserves the right to suspend or cancel the Buyer’s G2A PLUS subscription at any time if:
(i) the Buyer violates these Terms and Conditions, and/or Regulations;
(ii) In relation to the next settlement period of the G2A PLUS subscription, if there are not enough funds in the Buyer’s bank account, virtual balance, or any other payment instrument selected by the Buyer during the purchasing process to charge a price for the next settlement period.
5.8.6 Each Seller may take part in the G2A PLUS program and can additionally promote their Products under G2A PLUS as offers with additional discounts granted by the Seller within this program.
5.8.7 Each Seller who wishes to not participate in the G2A PLUS program is entitled to resign from it at any time. To do so, Seller must provide G2A.COM with their resignation in a written form delivered at the following address: G2A.COM, address 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, China.
5.8.8 The settlements between G2A.COM and the Seller due to Seller’s participation in the G2A PLUS program are regulated separately between G2A.COM and the Seller.
5.9.1 Each Seller may take part in the G2A Discount program under which the Seller may make available to the Buyer discount code(s) that may be used to decrease the sale price of Products offered within the Seller Store.
5.9.2 To use the discount code under the G2A Discount program, the Buyer shall insert it in the dedicated place during the purchasing process on the Platform.
5.9.3 Use of the discount code may be subject to the terms and conditions set by the Seller. For the avoidance of doubt, the Buyer who intends to use the discount code may be obliged to meet all criteria as stated in the discount offer of the Seller, which includes, but are not limited to, minimum and/or maximum purchase requirements, category, Products, territory restrictions, discount reuse limitations, expiration date, the value of the discount, etc.
5.9.4 In the event the Buyer violates these Terms and Conditions, Regulations, and/or the Buyer takes any actions to bypass or circumvent the provisions of a given promotion and/or security measures, then the Seller may authorize G2A.COM to exclude such Buyer from the G2A Discount program offered by the given Seller, which means that the discount code possessed by such Buyer will be canceled and/or they will not be entitled to use any further discount code.
5.9.5 The discount code offered by the Seller under the G2A Discount program is not refundable, redeemable for cash, and cannot be resold, exchanged, transferred, or monetized in any way by the Buyer unless the discount code offers or Regulations state otherwise.
5.9.6 Each Seller who participates in the G2A Discount program authorizes G2A.COM to provide administration services and to administer marketing campaigns related to the G2A Discount program, including the provision of tools enabling sharing and use of discount code(s).
5.9.7 Each Seller who wishes to not participate in the G2A Discount program is entitled to resign from it at any time. To do so, Seller must provide G2A.COM with their resignation in a written form delivered at the following address: G2A.COM, address 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, China.
5.10 G2A Balance.
5.10.1 With the exception related to use of the payment outside the Platform option, the Seller may receive funds acquired due to Transactions executed to the G2A Balance.
5.10.2 The funds will be unlocked to withdraw under the G2A Balance within seven (7) to fourteen (14) calendar days after the given Transaction, to which funds shall be withdrawn, was executed.
5.10.3 To withdraw funds from the G2A Balance, the Seller is required to complete verification procedures or meet other requirements specific to a selected withdrawal method.
5.10.4 The funds will be withdrawn within 7 (seven) calendar days once Seller’s data, documents, and information were verified.
5.10.5 Funds acquired on the G2A Balance from G2A Gift Cards cannot be withdrawn.
5.10.6 The funds accumulated on the G2A Balance are not subject to interest.
5.10.7 G2A.COM may suspend the payout of funds from G2A Balance in the event of any of the following events or circumstances:
(a) failure to provide information, data, and documents by the Seller requested by G2A.COM, which are justified in connection with the execution of the payout;
(b) violation of Regulations related to money laundering or terrorist financing by the Seller;
(c) receiving by G2A.COM and/or its Affiliates an order to suspend and/or block payouts from a public authority;
(d) payouts related to sold Products for which there is a reasonable suspicion that they may originate from a crime and/or that may constitute a violation of the rights of third parties, in particular, intellectual property rights;
(e) the Seller is in arrears with the payment of the Fee to G2A.COM;
(f) G2A.COM does not bear responsibility for any changes in the currency exchange rates that may take place during the payout being suspended for the reasons in question.
5.11.1 Without prejudice to other parts of these Terms and Conditions, the User that participates in Goldmine may receive a commission, if all the following conditions specified below are met:
(b) the Transaction set forth in section (a) above takes place within 24 (twenty-four) hours of clicking the Reflink by the Reflinked Person, and that Reflinked Person at the moment of commencing Transaction has valid cookies of that Reflink in the web browser through which they make a purchase (the period of 24 (twenty-four) hours may be extended up to 30 (thirty) days);
(c) 11 (eleven) calendar days have elapsed from the date of delivery of a relevant Product to the Reflinked Person and G2A.COM has not been informed by the Seller that during this time the Reflinked Person submitted a complaint, requested for a refund, or withdraw from the Transaction;
(d) the commission generated as a result of the Transaction must be equal or exceed EUR 0.01 (the generated commission below such value is not granted to the User; for the avoidance of doubt, the commission is not calculated on the total value of the single Transaction, but the commission is calculated separately for each of the Products purchased);
(e) the Product is not purchased on the Seller Store by the Reflinked Person who is a wholesaler;
(f) the Transaction of a Product on the Seller Store by Reflinked Person was completed (it does not have the 'processing' status or similar) within 120 calendar days from the date of its commencement;
(g) the Product has not been purchased by the User who has valid cookies derived from other affiliate programs conducted by G2A.COM, its Affiliates and/or by third party on G2A.COM’s behalf (in particular Google Ads, Facebook Ads);
(h) the User does not breach any of the provisions set forth in these Terms and Conditions;
(i) the User does not purchase themselves a Product on the Seller Store using the Reflink which has been created by them;
(j) the User Account is not limited, closed, or blocked;
(k) the User is not subject to Sanctions, is not a resident of the Sanctioned country and/or territory, does not use the currencies of those Sanctioned countries and/or territories, or holds any financial instruments issued by those Sanctioned countries and/or territories.
5.11.2 Information about the commission value shall be presented on the Platform. If that information shall not be presented there, then the Participant shall be entitled to receive the commission being the percentage value of the gross sold price of the Product purchased by the Reflinked Person:
(a) for Products offered within Seller Store(s) - 5% of the gross sold price set by the Seller;
(b) G2A PLUS subscription – EUR 1,00 in case of purchased monthly G2A PLUS subscription, and/or EUR 2,00 in case of purchased yearly G2A PLUS subscription, however, the commission is granted solely once for each type of G2A PLUS subscription purchased by each of the Reflinked Person, regardless of the number of subscriptions purchased.
5.11.3 The User’s commission shall be rounded up or down, as appropriate, in accordance with generally accepted mathematics principles.
5.11.4 In the event that Reflinked Person purchases the Product in a currency other than EUR, then the price is converted into EUR and the User’s commission is determined from the EUR price.
5.11.5 THE USER IS OBLIGED TO WITHDRAW THE FUNDS ACCUMULATED UNDER THE GOLDMINE PROGRAM NO LATER THAN WITHIN 1 (ONE) YEAR FROM THE DATE OF THEIR RECEIPT. IF THE USER FAILS TO COLLECT THE FUNDS WITHIN THE TIME LIMIT REFERRED TO IN THE PREVIOUS SENTENCE, THEN THE FUNDS ARE FORFEITED. THE USER WAIVES ANY CLAIM AGAINST G2A.COM FOR FORFEITURE OF THESE FUNDS.
5.11.6 In case when the Reflinked Person withdraws from the Transaction and G2A.COM will come into possession of information on this withdrawal, then G2A.COM may cancel the awarded commission due to such Transaction, and if the commission has already been paid, then the User is obligated to immediately return of the already paid commission to G2A.COM.
5.11.7 The User and Reflinked Person may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of commissions from G2A.COM and/or engage in other activity holding G2A.COM as susceptible to losses, especially to undertake activities that would (or cause) obtain commission using Goldmine in the absence of payment for the relevant Product by the Reflinked Person.
5.11.8 By participating in the Goldmine program, the User acknowledges and agrees that she/he is or may be obligated to independently account for, pay and/or report all taxes and other potential tax and similar charges imposed under relevant Regulations applicable to her/him in connection with participation in this program and receipt of commission(s).
5.11.9 The Goldmine program is administered by G2A.COM Limited.
6.2 G2A.COM IS NOT A SELLER OF THE PRODUCTS, UNLESS OTHERWISE EXPRESSLY STATED ON THE PLATFORM.
6.3 G2A.COM shall not be liable for:
6.3.1 The quality, safety, or legality of the Products sold, the ability of Sellers to sell, the solvency of Users, the truthfulness and reliability of information and other content provided by Users on the Platform;
6.3.2 for the behavior of Users or for improper performance or non-performance by them of Transaction, as well as for the consequences of actions taken by Users and third parties that constitute a violation of any Regulations.
If the information about the Products provided by the Seller violates the Regulations or these Terms and Conditions, G2A.COM may:
6.4.1 terminate or remove the information about the Products (without any effect to the agreements executed between Users so far);
6.4.2 delete the information about the Products;
6.4.3 refuse to publish information about the Products;
6.4.4 remove graphics or description from the information about the Products that violates the Regulations and/or these Terms and Conditions.
6.6 The Seller as the operator of their Seller Store is solely responsible for all activities within their Seller Store, in particularly in relation to the Buyer for:
6.6.1 the Product, including its properties, quality, safety, and legality, non-compliance of the Product with the Transaction and its terms and conditions;
6.6.2 the delivery of the Product to the Buyer;
6.6.3 the provision of after-sales services related to the Product (if any);
6.6.4 any third-party violation related to the Products;
6.6.5 its solvency;
6.6.6 truthfulness and reliability of information and other content related to the Products available on the Seller Store and product pages;
6.6.7 respecting consumer rights.
6.7 G2A.COM is not responsible for any of the Seller’s obligations set forth in section 6.6.
7. Transaction BEST PRACTICES
7.2 Transaction due diligence.
7.2.1 G2A.COM pays utmost care to ensure that Transactions performed within Sellers Stores are completed without any problems.
7.2.2 In some circumstances, where G2A.COM has been informed by a Seller that Products sold are mispriced, or a Buyer has been wrongly charged due to the Transaction (for example wrong exchange rates being applied) or occur any other technical fault or mistake, G2A.COM may, at its discretion, assist the Seller with canceling the Transaction and assist in return of the funds paid for such Transaction to the Buyer and adjusting the stock of Products offered within the Seller Store.
7.3.1 The Seller may be obliged to document the Transaction with the respective bill or invoice as required by the applicable Regulations. Within the Seller Store functionalities, G2A.COM ensures the technical resources necessary to issue bills in the name and on behalf of the Seller who (without prejudice to section 7.3.5) hereby agrees to outsource to G2A.COM a task of issuing bills concerning Transactions made via the Seller Store. The Seller agrees to disclose and provide G2A.COM with all information required to issue a bill. The Seller agrees that the aforementioned information will be presented on:
(a) the bill provided to the Buyer who purchased Product from the Seller Store; and
(b) on the Seller Store subpage.
7.3.2 G2A.COM shall issue a bill in the name and on behalf of the Seller. Such bills will be issued and delivered to a Buyer in a digital form. Copies of bills will be made available to the Seller by electronic means. G2A.COM shall exercise due care when performing the issuance and delivery of a bill, however, G2A.COM does not guarantee territory-wide compliance with all Regulations concerning the issuance and delivery of a bill. The Seller's sole responsibility is to ensure that all bills are compliant with the Regulations.
7.3.4 In the case stipulated in section 7.3.3 above, the invoice may be delivered by the Seller to the Buyer by uploading it on a Seller Store or otherwise. The uploaded invoice shall be available to download by the Buyer within 31 (thirty-one) days from its upload at the Seller Store. If the Buyer does not receive the invoice within the aforesaid period, the invoice shall not be longer available for the Buyer. However, the Buyer may be entitled to provide the Seller with an invoice request again.
7.3.5 The documentation outsourcing to G2A.COM is optional for the Sellers having their place of residence, headquarters or place of habitual residence in the province of Quebec. Each Seller who wishes to outsource issuance of bills to G2A.COM shall inform G2A.COM by one of the following: (a) internal conversation module, (b) by mail at support@g2a.com, or (c) by post at the relevant G2A.COM’s company address chosen in accordance with section 3.3.
7.4.1 G2A.COM provides tools enabling Sellers offering pre-order Products within their Seller Stores.
7.4.2 Pre-order Products should be placed on the Seller Store on the day before the release date at 23:59 UCT.
7.4.3 The Seller may at any time change the value of the declared sale price of a pre-order Product.
7.4.4 The Seller Store functionalities allow Sellers to offer pre-order products at their Seller Store with scheduled date of planned availability of this product at their Seller Store and allow Buyers to pay for the pre-order Products on the order date, but the Product is to be sent to the Buyer on the date indicated by the Seller in the Seller Store.
8.1 The type and amount of Fees (if such are due) that G2A.COM charges from a specific User for the provision of the Service are set forth in the Table of fees and commissions, and sales prices related to the G2A PLUS and G2A Gift Cards are available on the Platform.
8.3 Unless stated otherwise herein, all Fees are exclusive of value-added tax and any other tax of similar nature (“VAT”), and any other taxes, charges, or levies applicable under any applicable law, now in force or enacted in the future, for which the Seller will be separately liable and no deductions for such taxes, charges or levies will be made from amounts due G2A.COM herein. G2A.COM may add the amount of VAT valid at the place of residence, headquarters, or place of habitual residence of the User if obliged by the Regulations e.g., if the Seller does not run a business activity, or failed to provide G2A.COM with data and documents confirming its business status. In the case described by the preceding sentence, the amount of the Fee collected by G2A.COM from such a Seller shall be understood as calculated without including the amount of VAT, and VAT shall be additionally added.
8.5 All Fees are denominated in EUR, USD, GBP, or PLN.
8.7 All sums payable by the User to G2A.COM under these Terms and Conditions shall be without any deductions, setoffs, or withholdings whatsoever. In case of any deductions, setoffs, or withholdings that are required by Regulations, they shall be borne by the User and paid separately to the relevant tax or other authority. G2A.COM is entitled to charge the full amount of Fees ignoring any such deduction, setoffs, or withholding that may be required.
8.11 The Buyer declares that they are not a value-added taxpayer. When the Buyer becomes or already is the value-added taxpayer, the Buyer is obliged to provide all the data, information, and documents required to issue a value-added tax invoice to the Seller.
8.13 The Seller hereby acknowledges and agrees that G2A.COM acts in the name of the Seller and on behalf of the Seller by clearly identifying the Seller as the principal of the supply. Therefore, the Seller accepts G2A.COM as the disclosed agent within the meaning of article 28 and 30b of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax.
8.15 G2A.COM charges interest at a rate equal to 2% per month, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with these Terms and Conditions. The provisions of sections 8.3 and 8.7 shall apply respectively.
9.1 The Seller warrants, acknowledges and undertakes that:
9.1.1 has the full capacity and right to accept these Terms and Conditions, and assumes obligations imposed herein;
9.1.2 Products offered on the Seller Store and data, documents, and information listed on the Seller Store are to be legally obtained, originate from legal sources, are to be free from any defects (both legal and physical) and any third-party rights and claims (including they do not violate (a) any copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights);
9.1.3 will not list and will not sell Products on Seller Store which contain or may be used to receive, directly or indirectly: (i) pornographic contents or sexually-oriented materials, (ii) gambling, lottery, or betting materials, (iii) personal information, (iv) hazardous, restricted, regulated materials, (v) embargoed digital Products, (vi) currency, or (vii) any other illegal contents and services;
9.1.4 will not engage in any activity detrimental to the good name and reputation of G2A.COM, which may have a negative effect on the Platform, or on the other Seller;
9.1.5 will not take any actions violating the Regulation, good practices, or rules of social conduct nor detrimental in any way to G2A.COM interests;
9.1.6 will not use the Platform to resell Products that were acquired free of charge or with a discount connected with a charity event or supporting such an event;
9.1.7 will not use a VPN connection unless it is necessary to run a registered business;
9.1.8 as the operators of their Seller Stores, they are the Seller and supplier of the Products offered and this fact will be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill or sales receipt;
9.1.9 will be solely responsible for all applicable taxes and any similar charges and fees that arise from or as a result of their activity performed within their Seller Stores, particularly paying VAT relating to the sale of the Products offered within the Seller Store, in compliance with the applicable laws, even in the cases whereby such responsibility may be presumptively transferred to G2A.COM;
9.1.10 will not infringe any Regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition, or fraudulent advertising) or promote any behavior that might infringe or violate any applicable laws or legal provisions;
9.1.11 will not become involved in spamming or phishing (will not acquire information deceitfully).
10.1 The User must not do or attempt to do anything that is unlawful, including directly or indirectly:
10.1.1 reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services, or any software, documentation or data related to the Services (the “Software”);
10.1.2 modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly and in writing permitted by G2A.COM or authorized within the Services);
10.1.3 use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party;
10.1.4 sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish G2A API or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;
10.1.5 remove any proprietary notices or labels;
10.1.6 interfere with or disrupt the integrity or performance of any Service or third-party data contained therein;
10.1.7 attempt to gain unauthorized access to the Services or its related systems or networks;
10.1.8 use the Services to build a competitive product or service or to benchmark with any products or services offered by G2A.COM;
10.1.9 constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
10.1.10 tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
10.1.11 infringing the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party;
10.1.12 using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;
10.1.13 facilitating or assisting a third party to do any of the above acts;
10.1.14 in relation to Goldmine:
(a) creating, placing, or using any keywords, search terms, or other identifiers (including title or meta description) which is identical, pretends or simulates G2A.COM’s ads (including such as the words “g2a”, or “g2a.com”, or any other trademark of G2A.COM or its affiliates) generated or displayed on a search engine, including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network;
(b) creating, placing, or using any method under which given person is redirected to the Platform without his/her consent and/or taking any action in this regard, a redirection is performed for a person in an unaware manner, or Reflink is not properly formatted what cause that it cannot be correctly tracked or reported for G2A.COM;
(c) hiding Reflink on the website, by placing iframe scripts, using a redirect from the ad network or referral links;
(d) placing on his/her site, displaying, or otherwise using special links or content in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person before being downloaded or installed on their computer or other electronic devices;
(e) posting or serving any special links or other content promoting the Platform within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with the Seller Store promoting Products closely associated with the materials on the Seller Store;
(f) causing that website displays Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf, and click-exchange programs;
(g) creating, placing, or using any Reflink on the website(s) corresponded or referred to public sexuality, pornography, erotic, pedophilia or sexual deviation; (ii) obscene, indecent or profane behavior, (iii) torturous, defamatory, slanderous, libelous event, (iv) promotes racism, hatred or harm against any individual, religious, political, age-specific, gender-specific, or other groups;
(h) illegally attempt to obtain, or obtain, benefits of participation in Goldmine or resulting in unfair obtaining of funds during the course of the contractual relationship between the User and G2A.COM;
(i) send to other User or any third party unsolicited commercial communications (so-called spam) containing Reflink, and must - before placing a Reflink – read, verify and obey the terms of any such sites where that Reflink is placed; the Reflink must be inserted by the User only in the visible place to users;
(j) impersonate anyone or other entity whether existing or fictitious, falsely claim to be connected or have business relationships with any person or entity, or access the accounts of other User or any third party;
10.6 Subject to the other provisions of these Terms and Conditions, G2A.COM grants a Seller a personal, limited, non-exclusive, non-transferable, non-sublicensable right to access and use G2A API in the manner permitted by and subject to these Terms and Conditions, without the right to modification of G2A API.
11. DISCLAIMER, LIABILITY, AND INDEMNIFICATION
11.1 General rules relating to disclaimer, liability, and indemnification.
11.1.1 The terms set out in this entire section 11 shall apply to the fullest extent permitted by law. If the law applicable to the User prevents and/or excludes the application of disclaimer, limitations, and/or exclusions of liability, indemnities, or other legal institutions with a similar purpose or effect, as described in this entire section 11, then they do not apply to the legal relationship between G2A.COM and that User.
11.1.2 The terms set out in this entire section 11 shall not apply to Consumers from the European Economic Area.
11.1.3 ALL PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
11.2.1 G2A.COM AND ITS AFFILIATES PROVIDE THE SERVICES AND THE PLATFORM “AS IS”, AND “IF AVAILABLE”. G2A.COM AND ITS AFFILIATES MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR OR THAT ANY SOFTWARE PROVIDED HEREUNDER WILL OPERATE WITHOUT ERROR. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, EXPRESS AND IMPLIED WARRANTIES AND STATUTORY GUARANTEES WITH RESPECT TO ITS PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE SERVICES, PLATFORM, INCLUDING AS RELATED TO AVAILABILITY, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
11.2.2 TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES HEREBY EXPRESSLY DECLINE ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, FUNCTIONING, RELIABILITY, MERCHANTABILITY, OR SUITABILITY FOR ANY SPECIFIC PURPOSE OF THE PRODUCTS SOLD BY THE SELLERS OR SOLD BY ITSELF.
11.2.3 TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE AND LIABLE IN RELATION TO:
(a) ANY DAMAGES RESULTING FROM THE USE OF THE PLATFORM, ACCESSING IT, OR THE INABILITY TO USE THE PLATFORM BY THE USER DUE TO REASONS BEYOND G2A.COM CONTROL;
(b) ANY DAMAGES RELATED TO VIRUSES, TROJAN HORSES ETC. WHICH MAY BE TRANSFERRED TO THE PLATFORM OR THROUGH THE PLATFORM BY THIRD PARTIES;
(c) IMPLICATIONS OF ANY ACCESS DATA OR PRIVATE INFORMATION BEING ACCESSED BY ANY THIRD PARTY IN AN UNAUTHORIZED MANNER, IF IT OCCURS DUE TO REASONS RELATED TO THE USER, IN PARTICULAR BY REASON OF THE USER MAKING THEIR PASSWORD AVAILABLE TO A THIRD PARTY;
(d) ANY ACTIONS TAKEN BY G2A.COM IN RELATION TO THE USER LINKED TO ANY INFRINGEMENT OF THE REGULATION AND/OR THESE TERMS AND CONDITIONS BY THE USER, PARTICULARLY SUCH AS ACCOUNT RESTRICTION, SUSPENSION, OR BLOCK ACCESS TO THE PLATFORM, INCLUDING ACCOUNT;
(e) ANY HARM, DAMAGES, CLAIMS, COMPENSATION, NON-PECUNIARY DAMAGES, PHYSICAL AND LEGAL DEFECTS OF PRODUCTS SOLD THROUGH THE SELLER STORE BY SELLERS;
(f) PAYMENT OF ANY TAXES, CHARGES, OR ANY SIMILAR FEES RELATED TO THE OPERATIONS OF THE SELLER STORE THAT SHALL BE EXECUTED BY THE SELLER.
11.3 LIMITATIONS ON LIABILITY.
11.3.1 INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO THE USER IN RELATION TO THESE TERMS AND CONDITIONS OR THE SERVICES DURING AND AFTER THE TERM (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ON OTHER LEGAL OR EQUITABLE GROUNDS) FOR ANY LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES, EVEN IF THESE LOSSES, DAMAGES, OR COSTS ARE FORESEEABLE, AND WHETHER OR NOT THE USER HAS BEEN ADVISED OF THEIR POSSIBILITY.
11.3.2 GENERAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO THE USER IN RELATION TO THESE TERMS AND CONDITIONS OR THE SERVICES DURING AND AFTER THE TERM (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ON OTHER LEGAL OR EQUITABLE GROUNDS) FOR LOSSES, DAMAGES, OR COSTS EXCEEDING $500 (FIVE HUNDRED AMERICAN DOLLARS).
11.4 INDEMNIFICATION – THE SELLER.
11.4.2 THE SELLER SHALL INFORM G2A.COM IN WRITING OF ANY CLAIM, DEMAND, OR SUIT AND SHALL FULLY COOPERATE IN THE DEFENSE THEREOF. THE SELLER WILL NOT AGREE TO THE SETTLEMENT OF ANY SUCH CLAIM, DEMAND, OR SUIT PRIOR TO THE FINAL JUDGMENT THEREON WITHOUT THE CONSENT OF G2A.COM WHOSE CONSENT MAY BE WITHHELD AT G2A.COM SOLE AND ENTIRE DISCRETION.
11.4.3 IF ANY INTERMEDIATE BODY CHARGES G2A.COM AND/OR ITS AFFILIATES FOR ANY ADJUSTMENT DUE TO A SELLER’S ACT AND/OR OMISSION, INCLUDING AS A RESULT OF LISTED PRODUCTS AT THE SELLER STORE THAT BREACH OF THE INTERMEDIATE BODY SCHEME RULES, THE SELLER SHALL REPAY ALL SUCH THAT ADJUSTMENTS TO G2A.COM.
11.4.4 UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, G2A.COM IS ENTITLED TO MAKE, AT ITS ABSOLUTE DISCRETION, ANY SET-OFF FROM FUNDS ACCUMULATED BY THE SELLER ON THE G2A BALANCE RELATED TO ANY FEES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS), AS WELL AS ADJUSTMENTS.
11.4.5 THE SELLER ACKNOWLEDGES AND AGREES THAT DURING THESE TERMS AND CONDITIONS AND AFTER THEIR TERMINATION OR EXPIRATION FOR ANY REASON WHATSOEVER, THE SELLER SHALL CONTINUE TO BEAR LIABILITY FOR ALL ADJUSTMENTS AND INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS AND CONDITIONS AND ALL OTHER AMOUNTS DUE OR WHICH MAY BECOME DUE UNDER THESE TERMS AND CONDITIONS. THIS LIABILITY IS NOT SUBJECT TO ANY LIMITATION OF LIABILITY THAT MAY BE EXPRESSED ELSEWHERE IN THESE TERMS AND CONDITIONS.
12. notice and takedown procedure
12.1 Any person and/or entity whose rights have been violated by the data uploaded (stored, transmitted, etc.) on the Platform is obliged to notify G2A.COM Limited via e-mail: support@g2a.com or via registered mail to the address set forth in section 2.10.1, indicating and submitting:
12.1.1 the exact location of the data;
12.1.2 the right violated;
12.1.3 circumstances and evidence proving the legal title to bring an action in terms of the violated right that he or she is the sole person entitled to the data found on the Seller Store (in particular, games or game activation codes) and that the Seller has no right to them;
12.1.4 personal data of the complainant, in particular, the name, surname, business name, registered seat address or residence address, and e-mail address;
12.1.5 a separate personal data processing statement consenting to processing for the purposes of the notice and takedown procedure.
12.2 Following the receipt of a credible notification specified above, G2A.COM shall immediately block access to the data indicated in the notification (in particular, it shall delete them) and – as far as possible – it will notify the Seller responsible for uploading the data through their Seller Store, that such notification and claim by a third party has been submitted.
12.3 The Seller who has received notification mentioned in section 12.2 above may submit its reply and evidence confirming its rights to distribute, make available, etc. the data, in particular evidencing copyrights, licenses, or ownership rights to the games and game activation codes.
12.4.1 uploaded back to the Platform without amendments;
12.4.2 uploaded back to the Platform, amended in accordance with the changes agreed by the parties;
12.4.3 permanently removed from the Platform.
Any agreements between the parties allowing for the data to be uploaded back to the Platform shall be made in writing, signed by the authorized persons, and sent as an original via registered mail to the address set forth in section 2.10.1.
12.5.1 it is not possible to determine whether the Seller is responsible for the publication of third party's data or their distribution on the Platform etc.
12.5.2 the Seller does not submit any reply to the notification of the third party's claim within 14 days from its receipt from G2A.COM to the Seller's e-mail address or does not submit any evidence on having rights to publish, distribute the data, etc. within that period such data will be permanently removed from the Platform.
13.2 Every Seller is obligated to:
13.2.1 observe the rules of due diligence in the conversations, i.e., respond in the conversations and not postpone the resolution of the reported issues beyond actual investigation time;
13.2.2 use the conversations module in good faith, i.e., the Seller actively trying to resolve the issues reported by the Buyer;
13.2.3 not post, promote, or transmit any unlawful, false, harassing, libelous, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature via the conversation module;
13.2.4 not mark G2A.COM as the party responsible for resolving post-sales issues, other than in the case of malfunction of the provision of the services which is G2A.COM's responsibility under these Terms and Conditions.
14. Complaints Procedure related to the SERVICES offered by g2a.com
14.1.1 The Buyer may submit a complaint to G2A.COM related to the Services. The Buyer should include in the complaint, their name and surname, e-mail address (or other correspondence address), the subject of the complaint, and the reason for the complaint. The complaint will be considered immediately, however not later than within 14 (fourteen) calendar days of its receipt. The Buyer will be informed about the method and result of the complaint consideration via the correspondence address or e-mail. The costs of using the said means of distance communication by the Buyer are borne by the Buyer and they are calculated according to the rates of the telecommunications operator whose services the Buyer use.
14.1.2 The complaints shall be submitted by the Buyer by sending them to the following address: (a) internal conversation module, (b) support@g2a.com, or (c) the relevant G2A.COM’s company address chosen in accordance with section 3.3.
14.2.1 The Seller may submit a complaint to G2A.COM related to the Services. The Seller should include in the complaint, their name and surname, e-mail address (or other correspondence address), the subject of the complaint, and the reason for the complaint.
14.2.2 The Seller’s complaint will be considered by G2A.COM immediately, however not later than within 14 (fourteen) calendar days of its receipt. The Sellers will be informed about the method and result of the complaint consideration via the correspondence address or e-mail. The costs of using the said means of distance communication by the Seller are borne by the Seller and they are calculated according to the rates of the telecommunications operator whose services the Seller use.
14.2.3 The Seller’s complaint shall regard any of the following issues:
(a) alleged non-compliance by G2A.COM with any obligations laid down in applicable law which affects the Seller;
(b) technological issues which relate directly to the provision of the Services, and which affect the Seller; and
(c) measures are taken by, or behavior of, that G2A.COM relates directly to the provision of the Services, and which affect the Seller.
14.2.4 The complaints shall be submitted by the Seller by sending them to the following address: support@g2a.com, or on the relevant G2A.COM’s company address chosen in accordance with section 3.4, or customer support provider address: G2A PL sp. z o.o., address: 53 Emilii Plater street, 00-113 Warsaw, Poland.
14.2.5 In the case of a Seller, G2A.COM is willing to cooperate with the mediators listed here to achieve an out-of-court settlement of any disputes with business participants; however, before initiating such mediation proceedings, the Seller should attempt to clarify their concerns with G2A.COM’s customer service.
15. Termination, suspension, AND restriction
15.1 These Terms and Conditions are executed for an unspecified period.
15.2.1 immediately restrict providing Services to the User when at least one of the following circumstances or events occurs:
(a) the User breaches any of these Terms and Conditions and/or breaches any provision of the applicable law related to the use of the Platform,
(b) the User’s Account has been taken over by a third party, and/or Account’s credentials leaked to a third party,
(c) the User whose Account was previously suspended and/or terminated has created the new Account;
15.2.2 immediately suspend providing Services to the User when at least one of the following circumstances or events occurs:
(a) the User breaches any of these Terms and Conditions and/or breaches any provision of the Regulations related to use of the Platform,
(b) the User’s Account has been taken over by a third party and/or Account’s credentials leaked to a third party,
(c) the User whose Account was previously suspended and/or terminated has created the new Account;
(d) in the case of the Seller – the Seller has not paid the financial receivable related to their activity within the Seller Store, including resulting from Fees, Adjustments;
15.2.3 terminate with at least 30 (thirty) calendar days' notice period the agreement governed by these Terms and Conditions when at least one of the following circumstances or events occurs:
(a) obtaining by G2A.COM a court order or authority decision requiring to terminate the agreement governed by these Terms and Conditions with the User;
(b) the User breaches any provision of these Terms and Conditions,
(c) the User breaches any provision of the applicable law related to the use of the Platform; and/or
(d) in the case of the Seller – the Seller has not paid the financial receivable related to their activity within the Seller Store, including resulting from Fees, Adjustments.
15.3 Where G2A.COM decides to restrict or suspend the Services to the Seller, it shall provide the Seller concerned, prior to or at the time of the restriction, suspension, or termination taking effect, with a statement of reasons for that decision on a durable medium.
15.4.1 is subject to a legal or regulatory obligation that requires it to terminate the provision of the whole of its Services to a User in a manner that does not allow to respect that notice period;
15.4.2 exercises a right of termination under an imperative reason pursuant to national law;
15.4.3 can demonstrate that the User concerned has repeatedly infringed these Terms and Conditions, resulting in the termination of the provision of the whole of the Services.
15.5 In the case of suspension, restriction, or termination, G2A.COM shall give the User the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in this section. The User may clarify any of the facts and circumstances set forth above in accordance with section 14 of these Terms and Conditions. Where the suspension, restriction, or termination is revoked by G2A.COM, it shall reinstate the User without undue delay, including providing the User with any access to personal or other data, or both, that resulted from its use of the relevant electronic services prior to the suspension or termination has taken effect.
15.7 Upon termination of these Terms and Conditions:
15.7.1 G2A.COM will immediately cease providing the Services or prevent the User from using the Services;
15.7.2 The User is obligated to pay all Fee for all Services provided prior to termination, and all other amounts due and payable under this Agreement if such Fees and/or other amounts have not already been paid;
15.7.3 upon request, the User must destroy or return the confidential information of the G2A.COM, except for any confidential information required to be maintained by law;
15.7.4 termination of these Terms and Conditions will not affect any rights or liabilities that a Party has accrued under it.
16.1 This entire clause 16 shall apply solely to the Consumer that has a place of residence, or place of habitual residence within the European Union.
16.4 In order to withdraw from these Terms and Conditions, the Consumer may send a statement of withdrawal, for example (i) via the contact form on the Platform by creating a ticket in G2A Support Center, (ii) in writing to relevant G2A.COM’s company address chosen in accordance with section 3.3, (iii) G2A PL sp. z o.o., address: 53 Emilii Plater street, 00-113 Warsaw, Poland (this company provides customer (support) services to G2A.COM), or (iv) via e-mail mail at the following address: support@g2a.com.
17.2 G2A.COM does not provide access to personal data or other data, or both, which the User provides for the use of the Platform, including Services, concerned or which are generated through the provision of those Services.
18. Force MAJEURE
19. CONFIDENTIALITY and Privacy Policy
19.1.2 G2A.COM is entitled to share data, documents, and information about the User when it is a consequence of applicable legal or regulatory provisions or at the request of a competent judicial or other public authority. This applies in particular to anti-money laundering and terrorist financing regulations.
19.1.3 It is forbidden to use the information referred to in section 19.1.1, for commercial purposes consisting in promoting the User's activity outside the Platform in any form. In particular, it is prohibited to:
(a) making proposals to buy or sell the Item outside the Platform;
(b) setting up accounts for Users in online stores.
19.2.1 Personal data provided by Users in places intended for this purpose is processed by G2A.COM in accordance with applicable law and in accordance with the Privacy and Cookies Policy.
20.1.1 changes in generally applicable regulations, if as a result of this change, G2A.COM is legally obliged to change these Terms and Conditions;
20.1.2 a court judgment or an administrative decision, if the Terms and Conditions contain provisions similar to those reviewed by a court or authority, which require changes to these Terms and Conditions due to the content of the judgment or decision;
20.1.3 recommendations issued by the supervisory body over the activities of G2A.COM or offices or courts interpretation of regulations, if they concern the matter covered by these Terms and Conditions and as a result of their issuance there will be a need to amend these Terms and Conditions, the purpose of which is to adapt the content of these Terms and Conditions to the issued recommendation or official or court interpretation regulations;
20.1.4 in order to ensure the proper functioning of the Platform;
20.1.5 in order to introduce new products or services offered by G2A.COM or to highlight new product categories;
20.1.6 in order to modify and/or add the functionality of products, services, or service delivery methods due to technological requirements;
20.1.7 in order to ensure the safety and security of Users;
20.1.8 changes in the amount of Fees charged by G2A.COM;
20.1.9 in order to prevent abuse or crime by Users;
20.1.10 the need to correct obvious mistakes or typographical errors or to fill gaps or inaccuracies in these Terms and Conditions (which changes in these Terms and Conditions will not affect the rights and obligations of the User);
20.1.11 changes in the G2A.COM’s offer regarding the scope, functionality of Services or Platform, the process of establishing relations with G2A.COM or concluding product agreements (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the Customer);
20.1.12 introduction of new sales channels (which changes to these Terms and Conditions, however, will not affect the rights and obligations of the User);
20.1.13 changes in the marketing names of products and services (which changes in these Terms and Conditions, however, will not affect the rights and obligations of the User);
20.1.14 changes in the names of titles, subtitles, and chapters (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the User);
20.1.15 withdrawal of products or services from the offer (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the User).
20.4.1 is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that does not allow it to respect the fifteen (15) days' notice period;
20.4.2 has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to the Services operation, as well as defend the Platform, and Users from fraud, malware, spam, data breaches, or other cybersecurity risks.
21.4 These Terms and Conditions are governed by the laws of:
21.4.1 Hong Kong without giving effect to its conflict of law principles unless, the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A.COM Limited, or
21.4.2 USA, State of Nevada, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A LLC.
21.5.1 Hong Kong, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A.COM Limited; or
21.5.2 USA, State of Nevada, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A LLC.
FORM OF WITHDRAWAL
I hereby withdraw from the contract of the Services provided under G2A.COM Platform (www.g2a.com).
Name and surname: [__]
Delivery address: [__]
Please refund the price you paid along with the costs incurred by me/us to this bank account number/as follows signature (only if this form is sent via register mail): [__]
Place and date: [__]
Signature [__]