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TERMS AND CONDITIONS OF THE SITE G2A LLC FOR THE SELLER

TERMS AND CONDITIONS OF THE SITE G2A LLC FOR THE SELLER

 

Whereas:

 

(i)      G2A LLC possesses and operates the Site intended for processing and promotion of payment services provided by business partners of G2A LLC;

 

(ii)     G2A LLC has extensive experience with operation of websites aimed at connecting Users wishing to buy and sell various digital content, especially game activation codes;

 

(iii)   the Site is not an online shop but merely a website where Users may at their own discretion but with support of G2A LLC place offers and conduct transactions between them;

 

(iv)   G2A LLC, unless explicitly expressed in a particular offer, does not purchase digital content from Sellers and does not re-sell digital content to Users;

 

(v)    the offers and sales performed via the Site are made directly between particular Sellers   and Users;

 

(vi)    G2A LLC only facilitates the transactions between the Users by means of establishing and maintaining the Site’s functionalities;

 

  • these terms shall be applicable for (i) Sellers domiciled/registered and/or VAT registered in Russian Federation and (ii) Sellers who enter into transactions through the Site with Buyers domiciled/registered in Russian Federation;
  • this document defines legal (contractual) relations between G2A LLC and Sellers with G2A LLC acting as an administrator of the Site only and where all transactions are made directly between the Sellers and the Users;
  • this document does not define legal (contractual) relations or terms and conditions between G2A LLC and Users not being the Sellers or between Users and Sellers;
  • in particular, this document does not determine conditions specific for transactions and contracts being concluded between Users and Sellers such as: prices of game activation codes, content of game activation codes, warranty and liability with regard to selling game activation codes;
  • this document does not cover the terms of use for receiving and making payments by the Sellers having their place of residence in the territory of Russian Federation through the Site, which have been provided in a separate document (“G2A Pay Terms and Conditions”): https://pay.g2a.com/downloads/G2APay-Terms-and-conditions-RU.pdf
  • notwithstanding the above – and merely for purposes related with: care for G2A LLC brand, functioning the Site and avoiding unfair practices on the Site – G2A LLC reserves the right to establish basic rules for selling and buying game codes via the Site.

 

Definitions

 

Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.

 

Authorized person – a person or an entity authorized by Seller to deliver in the name of the Seller information to G2A LLC on the payment status with respect to a particular service offered by this Seller to the User via the Site.

 

Buyer – a person purchasing services or products from the Sellers via the Site.

 

Durable Medium – any instrument which enables the User or the Seller or G2A LLC to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the information.

 

G2A LLC – a limited liability company with its registered office at 8275 South Eastern Avenue 200 Las Vegas, NV 89123, USA

 

Goldmine Marketing Program or Goldmine – a partnership program defined in separate regulations, allowing Users to search for persons purchasing products and services offered through the Site and to benefit from the situation where purchase of goods or services is made by a person found in this way.

 

Privacy Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by G2A LLC. 

 

Public Offer Agreement – the contract (agreement) concluded or to be concluded between the Seller and the User or the Seller for supply and delivery of the product or service offered by this Seller on Site.

 

Seller – means a person who is selling goods or services, especially game activation codes in digital form to Users via the Site, being either: (i) an entrepreneur operating in any form and liable for any business registration and/or VAT/GST registration pursuant to the laws applicable to it; or (ii) a real person who is not considered an entrepreneur and is not liable for any business registration and/or VAT/GST registration under the laws applicable to him/her. The Seller may also purchase goods/products from other Sellers via the Site, in which case the Seller shall be considered a Buyer and be subject to the terms applicable for a Buyer for the relevant transaction.

 

Site – a group of affiliated websites made available on the Internet from the address: www.g2a.com

 

Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and G2A LLC.

 

The Service – a service described below in point 1.8.

 

User – any person using any of the Site’s functionalities and/or who has registered on the Site

 

 

 1. Applicability and Acceptance of the Terms and Conditions

 

1.1 The Seller hereby agrees to and accepts these Terms and Conditions and the Privacy Policy as a whole and without reservations. Any Seller willing to participate in the Goldmine Marketing Program is obliged to accept separate regulations available at the following address: www.g2a.com/goldmine.

 

1.2 Members unable to conclude a legally binding agreement with G2A LLC, with Sellers and those who are prohibited from using the services due to the regulations of the State or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Site. The User hereby confirms that he or she is at least eighteen (18) years old (or has reached another age which in light of his or her domestic law entitles the User to conclude legally binding agreements), has full capacity to take legal actions and agrees to these Terms and Conditions. Should the User act for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – he or she hereby asserts G2A LLC that they are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.

 

1.3 The Seller who is defined under point 9 (i) hereby confirms that it is a business registered and/or VAT/GST registered entrepreneur. Seller having its place of residence in the territory of Russian Federation hereby confirms that it is registered for Value Added Tax under the relevant laws and regulations of Russian Federation and accepts these Terms and Conditions. Where the Seller uses the Site for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – hereby asserts G2A LLC that he or she is authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such Seller is of the same effect as if they were accepted by such third party. The Seller states that there are no factual or legal grounds preventing him from the conclusion of this agreement with G2A LLC through the Site aimed at sales of products and services to the Users.

 

1.4 G2A LLC reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the amended Terms and Conditions on the Site. Therefore, it is the User’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using such Site and services you signify your agreement to be bound by all changes that may affect you. Unless explicitly stated otherwise, the amended Terms and Conditions shall come into effect automatically fourteen (14) days after their publication on the Site. The modifications of these Terms and Conditions become binding for the Sellers at the moment of publication of the amended Terms and Conditions on the Site.

 

1.5 In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail, unless otherwise provided or unless such apparent inconsistency arises out of a difference in legal requirements in a specific country.

 

1.6 Sellers may conclude with G2A LLC, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and G2A LLC (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions.

 

1.7 When using any services or sending e-mails to G2A LLC., the Seller communicates with G2A LLC electronically. G2A LLC communicates with Sellers by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the Seller consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that G2A LLC electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.

 

1.8 G2A LLC provides the Seller a free of charge Service consisting exclusively of regular transfer, caching and hosting services (specified below in letters a), b) and c)). To such extent, G2A LLC renders the Service based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users and Sellers:

 

a) G2A LLC, at the instruction of Seller or Authorized person, enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that G2A LLC:

  • is not the initiator of the data transfer,
  • does not choose the recipient of the data transfer,
  • does not choose nor modify the information contained in the transfer.

Within this scope G2A LLC may conduct automatic and short-lasting, indirect storage of the transmitted data solely for the purpose of conducting transmission, whereas the data shall not be stored any longer than necessary in regular conditions to perform transmission.

 

b) G2A LLC enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that G2A LLC:

  • does not modify the data,
  • uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,
  • does not disturb the use of IT techniques.

 

c) G2A LLC makes available computerized system’s resources aimed at storage of data by Users and Sellers.

 

For avoidance of any doubt, G2A LLC hereby informs the Seller that the scope of services provided by G2A LLC under the current Terms and Conditions does not include receipt, transfer or processing of any payments to or from the Users or to or from the Seller. Receipt, transfer and processing of any payments on behalf or for the benefit of the Users or Sellers is outside of scope of Services and G2A LLC is not responsible and may not be held liable for any violations or obligations related to these payments. Any payments due to or from the Seller for the products and services offered on Site are to be processed by the Authorized Person properly appointed by the Seller.

 

The Seller acknowledges that in order to present and process the information on Site in respect of the products and services accordance with the present Terms and Conditions (in particular, to inform the Users or Sellers on the game activation codes issues by the Seller) G2A LLC would need to receive from the Seller information on the status of payment for the products or services offered on Site in a proper and timely manner. In order to facilitate this process G2A LLC hereby agrees to receive this information from the Authorized Person.

 

Due to the above hereby the Seller appoints G2A.COM LIMITED with its registered office in Hong Kong, 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong (hereinafter referred to as “G2A.COM”) as the Authorized Person for the purposes of these Terms and Conditions and entitles G2A.COM to inform G2A LLC about the status of payments for products and services placed by the Seller on Site. G2A LLC, in its turn, agrees to accept information on the status of payment for the products and services offered by the Seller on Site from G2A.COM. For avoidance of any doubt the parties agree that the interactions between the Seller and G2A.COM are not covered by these Terms and Conditions and G2A.COM is not a party to the present Terms and Conditions and the Seller will conclude a separate agreement with G2A.COM for services provided by the latter to the Seller (if any).

 

1.9 G2A LLC provides Users and Sellers with free of charge access to the Site aimed at exchange of information on products and services offered by the Sellers to the Users. In addition, G2A LLC provides the possibility of establishing, presenting and completing transactions between Users and Sellers on Site via electronic means, including in particular the sales of games and game activation codes to Users by Sellers, as well as between Sellers.

 

G2A LLC is neither a party of the agreement between the User and the Seller nor between Sellers - it merely provides specific assistance and administration services to Sellers and Users.

 

1.10 As part of its liabilities under provision 1.8 above G2A LLC agrees to put on the Site the Public Offer Agreement to be concluded between the Seller and the User. The form, content and format of the Public Offer Agreement is provided in the Attachment 1 to these Terms and Conditions.

 

Public Offer Agreement is deemed concluded directly between the Seller and the User or the Seller where G2A LLC is not a party of this Public Offer Agreement. G2A LLC is not responsible and may not be held liable for any consequences resulting or somehow related to this Public Offer Agreement.

 

1.11 The technical requirement for the use of the Site by the Seller is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.

 

Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Sellers or Users. G2A LLC may restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users or Sellers.

 

1.12 For the correct performance of some of the Site’s functionalities it may be necessary for the Seller to enable Java, Java Script, Flash support etc. 

 

1.13 The Seller hereby agree on confirming or making available specific data in order to confirm their place of residence, headquarter or place of habitual residence (if in doubt about their place of residence). The aforesaid agreement relates to obligations and reporting tasks of G2A LLC (in relation to Value Added Tax, in particular under art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations no 282/2011 and 1042/2013).

 

1.14 The User and/or Seller should sign in to access and use the Site and all its functionalities.

 

2. Service Fees

 

2.1 For avoidance of any doubt, the Services mentioned in the point 1.8 of the present Terms and Conditions are free of charge for the Sellers domiciled/registered and/or VAT registered in Russian Federation and no charges are to be imposed for the Seller  for the sole usage of the Site and the above-mentioned Services.

 

3. Users’ accounts

 

Since the Services are aimed at interactions between the Seller and Users being the customers of the Seller, G2A LLC provides below the rules applicable for the usage of the Site by both the Sellers  and the Users.

 

The rules provided below for the Users not being the Sellers may not be considered as mandatory for such Users unless it is otherwise agreed in the agreements between G2A LLC and respective Users (if such agreements are in place). As mentioned in the preamble, the Users not being the Sellers are not a party the present Terms and Conditions and neither such Users nor G2A LLC may be held liable for violation of the present Terms and Conditions and the rules set forth for the Users.

 

The rules in respect of the Users set forth below are the rules apply in the respective agreements with the Users not being the Sellers and they are provided in the present Terms and Conditions for information of the Sellers only.

 

3.1 Users

 

3.1.1 In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration, the User is prompted to supply his or her current email address and username as well as to accept the Terms and Conditions and Privacy Policy. After subscription to the Site, G2A LLC will open an account and assign a password that may then be changed by the User.  If it is discovered by G2A LLC that the User utilized an email address that was created by the User with the intent that the email address be in existence for a limited period of time (e.g. a so called disposable email address) G2A LLC reserves the right to suspend User’s account.  G2A LLC may, at G2A LLC’s sole discretion, re-activate such an account.

 

The Users take note and accept that G2A LLC is in possession of tools to detect the localization of computer network device (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarter or place of habitual residence indicated by the User in the course of registration process and the results of verification made by G2A LLC, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, G2A LLC shall be entitled to refuse to set-up the Account. Notwithstanding the foregoing the User also agrees on the aforesaid localization verification after the registration within the Site and undertakes to provide G2A LLC with all information in this respect.  The User is entitled to set up only one account, unless G2A LLC gives individual permission. For avoidance of doubt, the User will not use VPN connection during the use of Site, unless it is necessary to run a registered business.

 

3.1.2 G2A LLC is entitled to verify the data of the User by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, G2A LLC may request from natural persons not being entrepreneurs a scan of an identification document, and from natural persons being entrepreneurs, from legal persons, as well as from organization units being the Sellers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorization to represent the natural person or organization unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which G2A LLC requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. G2A LLC may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or User or result in inability to sell the products or services via the Site by the Seller.

 

3.1.3 Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.

 

3.1.4 Registration on the Site by the User is equivalent to the User having read, understood and accepted the Terms and Conditions in full, including the Privacy Policy, and has consented to the processing by G2A LLC, now and in the future, of personal data transferred to him during the Site registration process – aimed at fulfillment of the services available on the Site by G2A LLC, as well as for accounting purposes, aimed at contacting the Users and the Sellers by G2A LLC. Notwithstanding the above the User who has not registered on the Site is also regarded as having accepted the Terms and Conditions and the Privacy Policy at the moment he or she chooses to use any of the functionalities of the Site.

 

3.1.5 The User is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.

 

3.1.6 The account is made available to the User by G2A LLC free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world via the Internet network.

 

3.1.7 In case of any violation of these Terms and Conditions and the law in force by the User, G2A LLC reserves its right and possibility to block the User’s account.

 

3.1.8 Within the scope permitted by law, G2A LLC reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, G2A LLC hereby commits to deal with them as soon as possible.

 

3.1.9 The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to G2A LLC, Sellers or other Users. The User is obliged to protect G2A LLC and our partners against losses and damage caused by the use of their account by third parties.

 

3.2 Sellers

 

3.2.1 In order to set up his/her account, the Seller is obliged to register by filling in the registration form available on the Site. The Seller who wants to sell his/her products or services via the Site is obliged to provide in the registration process (or later when completing the account data) where applicable: name, surname, address of residence, phone number, bank account number, VAT (or other tax) identification number, business registration number as well as to accept these Terms and Conditions. Each User shall represent that his/her place of residence (headquarter or place of habitual residence) is on the territory of the European Union or Russia or on the territory of any other country.

After creating an account, G2A LLC shall provide the Seller with the password, which may later be changed by the Seller.

 

Registration on the Site by the Seller is equivalent to the Seller having read, understood and accepted the Terms and Conditions in full, including the Privacy Policy, and has consented to the processing by G2A LLC, now and in the future, of personal data transferred to him during the Site registration process – aimed at fulfillment of the services available on the Site by G2A LLC, as well as for accounting purposes, aimed at contacting the Sellers by G2A LLC. Notwithstanding the above the Seller who has not registered on the Site is regarded as being an entrepreneur and/or commercial entity under the laws applicable to it and having accepted the Terms and Conditions and the Privacy Policy at the moment he or she chooses to use any of the functionalities of the Site.

 

3.2.2 The Seller is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.

 

3.2.3 In case of any violation of these Terms and Conditions and the applicable laws and regulations by the Seller, G2A LLC reserves its right to block the Seller’s account. Provisions 3.8 and 3.9 above are also applicable for the Sellers’ accounts respectively.

 

3.2.4 The Seller shall neither use other Users’ and Sellers’ accounts nor make their accounts available to other Users, Sellers or third parties. The above does not apply to the Seller in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the Seller to use the account on the Site. G2A LLC may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.

 

3.2.5 G2A LLC is entitled to verify the data of the Seller by requesting from the Seller presentation of proper documents, their copies, scans, etc. In particular, G2A LLC may request natural persons being entrepreneurs, from legal persons, as well as from entities being the Sellers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorization to represent the natural person or organization unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which G2A LLC requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. G2A LLC may also request proper documents (their scans or copies) after registration of the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or result in inability to sell the products or services via the Site by the Seller.

 

3.2.6 To the extent permitted by law, G2A LLC assumes no responsibility against the Sellers, should they violate the provision specified in 3.13 above. The Sellers assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site. 

 

3.2.7 The account of the Seller may be blocked if it is noticed that the products put on sale by the Seller are faulty or had already been used.

 

3.3 Within the scope permitted by law, G2A LLC reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, G2A LLC hereby commits to deal with them as soon as possible.

 

4. General Terms and Conditions of Use

 

4.1 Subject to the Seller’s compliance with the Terms and Conditions, G2A LLC grants the Sellers a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and commercial use of the Services offered by G2A LLC. This license refers strictly to the Services and does not concern any licenses to digital content, especially game activation codes offered via the Site by Sellers– the licenses to digital content, especially game activation codes may be granted by the Sellers to the Users or Sellers upon discretion of their owners or other authorized persons.

 

4.2 All rights not expressly granted to the Sellers in these Terms and Conditions are reserved and retained by G2A LLC or their owners, licensors, suppliers, publishers or other persons.

 

4.3 The Sellers must not misuse the G2A LLC services. Seller may use the G2A LLC services only as permitted by law. The Sellers are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.

 

4.4 Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of G2A LLC. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for G2A LLC. Any trademarks, marks and trade names constitute G2A LLC property. Without explicit consent of G2A LLC, the User nor the Seller must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of G2A LLC. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute Works within the meaning of article 1 of the Act on copyright and is subject to protection under the Act on copyright and related rights of February 4th, 1994. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.

 

4.5 In order to protect his/her personal data, the Seller is obliged to read and accept the Terms and Conditions and the information policy of the Site concerning personal data uploaded through the Site and on the partnership websites of G2A LLC. By using the Site, the Seller consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy Policy.

 

4.6 G2A LLC may provide Seller with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy Policy and Terms and Conditions before starting to use such sites. The Seller is informed that G2A LLC has no control of the websites owned by other providers, nor does G2A LLC monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.

 

4.7 The Sellers hereby confirm and assert that they will not engage in the following:

 

a) they will not upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties’ rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);

b) they will not publish any false or misleading information, which may be detrimental to or may expose G2A LLC or third parties to any harm;

c) they will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Sellers or G2A LLC;

d) they will not use the Site for any other purposes than the use of services offered by G2A LLC, other Sellers or Users;

e) they will not circumvent or disable the Site’s security;

f) they will not use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;

g) they will not slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;

h) they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;

i) they will not modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;

j) they will not in any way deliberately disturb the Site’s activity or disturb other Users or Sellers in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;

k) they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;

l) they will not take any actions aimed at discovering access passwords of other Users or Sellers, including any attempts to guess the passwords;

m) they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;

n) they will not upload on the Site any data containing any personal data of third parties;

o) they will not in any way make other Users’ or Sellers’ use of the Site difficult;

p) they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.

 

4.8 By posting or publishing their own content and materials on the Sites or by distributing them in any other way to G2A LLC or its partners, the User and the Seller, within the scope permitted by law, grants an irrevocable, permanent and free license, to use the said materials in any way and in any place by G2A LLC. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of G2A LLC, currently or in the future. The User acknowledges and warrants to G2A LLC that he/she has sufficient means and rights to ensure such license.

 

4.9 Whenever G2A LLC or any Authorized Person provides Services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in the European Union, Australia, Japan, Canada, South Korea, New Zealand, Russia, Norway, Albania, Bangladesh, Ghana, Iceland, India, Serbia, South Africa, Switzerland and Taiwan).

 

4.10 The Sellers agree and acknowledge that:

 

a) They are the seller and supplier of the products and this fact will also be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill or sales receipt;

b) they will set the general terms and conditions of the sales made to the Users;

c) they will authorize the relevant charge to the Users and the delivery of the products; and

d) they are solely responsible for paying Value Added Tax - VAT or similar tax liabilities (such as Australian Goods and Services Tax - GST) in compliance with the applicable laws resulting from the sales of the products to Users made through the Site.

 

4.11 The Seller may sell pre-order products through the Site. The Seller agrees and undertakes to pay a pre-order advance to G2A LLC which constitutes the contractual protection relating to the Seller’s obligation to deliver and sell pre-order products to the Buying User via the Site. The amount of pre-order advance is 10% (ten percent) of the value of each pre-order product which the Seller undertakes to sell to the Buying User via the Site. Pre-order products should be delivered to G2A LLC by the Seller on the day before release date at 23:59 CET. The pre-order advance is fully returnable within fourteen (14) calendar days from the abovementioned release day if the Seller delivers all the pre-order products to G2A LLC. The amount of pre-order advance, which should be returned to the Seller, will be proportionally reduced by the part of the pre-order advance which refers to the number of undelivered pre-order products by the Seller to G2A LLC. The Seller may change the value of the declared selling price of a given pre-order product. However, it has no impact on the amount of the aforesaid pre-order advance accrued by G2A LLC if the Buying User has previously submitted an offer to purchase the given pre-order product.

 

4.12 By enabling the product by the Seller on the Site he or she authorizes G2A LLC to present the product on the Site as an invitation to enter into agreement by Users willing to purchase the product at a price determined by this Seller or. As such it does not constitute a sales offer within the meaning of the civil law. Provided that no User (or other Seller) has expressed the will to enter into agreement of buying the product, the Seller may change the product’s price. The Seller acknowledges and accept that the product prices and descriptions are made public and are available for all Users of the Site.

 

4.13 If the User (or the Seller making a purchase) expresses the will to buy a product, he/she acknowledges that the Seller may be entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences chosen by the Seller.

 

4.14 The Parties mutually agree that due payments made by the Users (or Sellers if they have purchased goods from other Sellers) may be paid by these Users (or Sellers) to the Sellers by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers) or via a chosen Authorized Person. For the avoidance of doubt, G2A LLC is not a party to this transaction and the Users are not obliged to make the payments solely via methods offered on the Site or by Authorized Persons; provided however, the Users shall be solely responsible for ensuring that the payment has been duly and securely made, documented and all information has been communicated with the Seller.

 

5. Obligations of G2A LLC

 

5.1 Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller, G2A LLC shall provide every Seller with the opportunity to sell the product on the Site.

 

5.2 Unless otherwise provided by G2A LLC, the Seller may only sell on the Site products in the digital form, i.e. such products which may be downloaded by the Users to their workstations’ hard drive. Such products are not stored on material media carriers. 

 

5.3 The Seller determines the price of products which he/she intends to sell on the Site.

 

5.4 As a part of its Services G2A LLC enables Users and Sellers with resolution mechanisms related to payments between these parties – via Help Desk functionality available on the Site – in order to clarify the reasons for demanding refund by the User.

 

5.5 G2A LLC neither receives the funds payable by the Users (or Sellers) to the Sellers for the products and services offered on site nor G2A LLC receives any commission for its activities under the present Terms and Conditions.

 

5.6 The Seller gives G2A LLC their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller. The Seller is obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. G2A LLC is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab „product details”. However, G2A LLC assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller misinforms G2A LLC regarding the product, its access to a given gaming platform, etc.  The Seller hereby entitles G2A LLC to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc. 

 

5.7 G2A LLC shall provide the Sellers with technical support in case of encountering problems with the functionality of the Site or Account. 

 

5.8 In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, G2A LLC accepts and assumes (together with the Seller) responsibility against the User for a product sold by the Seller in the form of a game-key. G2A LLC assumes responsibility against Users for the sold product in terms of order compliance, correct functioning, potential physical and legal faults as well as prompt delivery. G2A LLC’s responsibility concerns solely these products, for which the Users pay to the Seller by means of a credit card. The responsibility described here does not constitute taking over the Sellers’ responsibility by G2A LLC. It only concerns participation in this responsibility in the scope mentioned above; which means in particular that the Seller still assumes the responsibility against the User in accordance with these Terms and Conditions. Participation in the responsibility does not mean that G2A LLC becomes the owner or co-owner of the product sold by the Seller (nor that G2A LLC is to be so treated) – the Seller remains the exclusive owner and the supplier of the product being sold.

 

5.9 Documentation Services

 

a) Performance of the Service may trigger an obligation by the Seller to document them with respective bills or business invoices (collectively referred to hereinafter as “Documentation”). G2A LLC possesses technical resources necessary to issue Documentation in the name and on behalf of the Seller, who hereby agrees to outsource to G2A LLC the task of issuing Documentation concerning its sales made on the Site.

 

b) The Seller agrees to disclose and provide to G2A LLC all the information (including but not limited to personal information such as registered address, VAT registration number, full title etc.) necessary to issue the Documentation on its behalf. The Seller agrees that the aforementioned information will be presented on the Documentation made available to Users making purchases from the Seller and this information will be presented on the Site. 

 

c) G2A LLC will, when appropriate, issue Documentation (“Documentation Service”) in the name and on behalf of the Seller, free of charge. Such Documentation will be issued and delivered to Users in a digital form using G2A LLC’s platform. Copies of Documentation will be made available to the Seller by electronic means. G2A LLC shall exercise due care when performing the Documentation Service, however, G2A LLC does not and will not guarantee Territory-wide compliance with all laws and regulations concerning the Documentation Service.  As such, it is the Seller’s sole responsibility to ensure that any and all Documentation complies with all applicable laws.

 

d) Seller agrees that G2A LLC provides Seller with the Documentation Service, “as is”, G2A LLC makes no representations or warranties whatsoever, express or implied, whether oral or written, with respect to the Documentation Service, including but not limited to any implied warranties of accuracy or compliance.

 

e) The Seller hereby agrees to defend, indemnify and hold harmless G2A LLC, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding  resulting from an act or failure to act on the part of Partner or any of its officers or employees, that may occur during or which may arise out of the performance of the Documentation Services.  This defense and indemnification obligation will survive termination of the Agreement.

 

f) In addition to any limitation stated elsewhere in these Terms and Conditions, the Seller’s sole remedies for any error, defect or failure in the Documentation Service is the correction of the defect or error.

 

6. Obligations of the Seller

 

6.1 Every Seller warrants and acknowledges that:

 

a) has the full capacity and right to accept the Terms and Conditions and the Privacy Policy, to grant licences and authorizations and assume such obligations;

b) by accepting this Terms and Conditions and by placing any services or products on the Site or selling it on the Site he/she confirm and assert that such services or products are legally purchased and/or obtained and originate from legal sources, are free from any defects (both legal and physical) and any third party rights and claims and that the Seller is entitled to place and sell such products or services, especially by way of copyrights possession, and that it has all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc., in particular the right to sale through the Internet, online system, as well as that the rights are not limited in any way;

c) the products and services offered by the Seller through the Site (a) do not violate any third party rights, including 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;

d) commits to use the Site and its functionalities in accordance with these Terms and Conditions, the law in force, rules of social conduct and good practices;

e) will not engage in any activity detrimental to the good name and reputation off G2A LLC, which may have negative effect on the Site, or the product and services sold via the Site;

f) will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to G2A LLC interests;

g) will not use the Site for any money laundering related activities nor for any actions providing to G2A LLC the risk of being accused of using the Site for money laundering purposes;

h) will not use the Site to resell products which were acquired free of charge or with a discount connected with a charity event or supporting such an event;

i) will not use more than one account for selling or buying; will not use VPN connection unless it is necessary to run a registered business.

 

6.2 The Seller is obliged to provide information or documents concerning their business, company or products/services at first request of G2A LLC. Each Seller represents, warrants, acknowledges and takes full responsibility that:

 

a) the information and documents submitted during the registration process or further use of the Site are true, accurate, valid and complete; and  

b) he or she will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.

 

6.3 Furthermore, each Seller warrants, acknowledges and is responsible for the fact that the property on sale that he or she submits, presents and publishes through the Site will fulfill the following conditions and:

  • will be genuine, appropriate, complete and lawful;
  • will not be false, deceitful or unreliable;
  • will not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
  • will not violate the Password Policy, Terms and Conditions or the Privacy Policy;
  • will not infringe any applicable laws or 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;
  • does not link, to any website(s) that might contain content infringing the above.

 

6.4 Furthermore, each Seller assumes responsibility, warrants and acknowledges that he or she:

 

  • will take all actions when visiting the Sites in accordance with applicable laws and regulations;
  • will deal with other Site Users properly and in good faith;
  • will take all actions in accordance with the Terms and Conditions, other documents and applicable additional arrangements specified within the framework of the Site;
  • will not use the Site for embezzlement or abuse of other Users (e.g. sale of stolen property, use of stolen credit/debit cards);
  • will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;
  • will not become involved in spamming or phishing (will not acquire information deceitfully);
  • will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;
  • will not become involved in any attempt to reproduce, use or embezzle any legally reserved G2A LLC address directories, databases and password lists;
  • will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;
  • will not attempt to compromise the integrity of data, systems or networks used by G2A LLC and/or any other User or gain unauthorized access to such data, systems or networks;
  • will not become involved in any action that might otherwise render G2A LLC or our partners liable, in particular these specified in section 4.7 above.

 

6.5 If the Seller is a business representative of a company, it warrants and certifies that as such a representative he possesses the necessary consents and authorizations from their principal to:

 

a) act as a sales representative,

b) publish the contact details necessary to conduct business,

c) a third party will be able to use this data to contact him in matters important in the context of the business activity. In addition, the Seller certifies that third parties may contact the representative without the consent of his principal.

 

6.6 The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to G2A LLC customer care department for G2A LLC to provide its services depending on whether or not the Seller has violated the Terms and Conditions and/or a complaint against the User has been filed. If failure to do so is caused by any delay, suspension or denial of access to any Service, G2A LLC will not be obliged to extend the term of such a service or held liable for any loss or damage caused by such a delay, suspension or denial.

 

6.7 Each Seller agrees and acknowledges that they are obliged to act in conformity with all the laws and regulations applicable to themselves, the transaction and the respective User.

 

6.8. Every User warrants and acknowledges that they:

 

a) accept the Terms and Conditions and the Privacy Policy

b) will not engage in any activity detrimental to the good name and reputation of G2A LLC, which may have a negative effect on the Site, or the products and services sold via the Site

c) will not take any actions violating the law in force, contrary to goods practices, rules of social conduct nor detrimental in any way to G2A LLC interests

d) will not use the Site for any money laundering related activities nor for any actions which cause G2A LLC to run the risk of being accused of using the Site for money laundering purposes

e) will not use more than one account for buying; will not use VPN connection unless it is necessary to run a registered business

 

6.9. The Seller is solely responsible to provide the User being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract as well as fulfill other documentary obligations resulting from any applicable law.

 

6.10 In the event of the sale or delivery of any digital content from the Seller to User (or Seller) is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value added, or other tax or levy; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy and related registration obligations (if any) shall be solely borne by the Seller as it is the Seller who is supplying the digital content on Site and G2A LLC is a merely provider of services aimed at Site maintenance and operation.

 

G2A LLC shall not be responsible for the collection and remittance of telecommunications and similar taxes. The Seller shall indemnify and hold G2A LLC harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest thereon. Should the local authorities require G2A LLC to remit an amount of tax/levy connected to the digital content offered by the Seller on Site, the full amount of such tax will be reimbursed by respective Seller to G2A LLC. 

 

7. Liability

 

7. 1 Within the scope permitted by law, G2A LLC’s liability shall be excluded in relation to:

 

  • any damages resulting from the use of the Site, accessing it or the inability to use the Site by the Seller or the User due to reasons beyond G2A LLC control;
  • any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that G2A LLC is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
  • 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 his password available to third party;
  • any actions taken by G2A LLC in relation to the User or the Seller linked to any their infringement of the law in force or Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
  • infringing the law in force or any third party rights by Sellers in particular in relation to any damages caused to third parties by Sellers as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the Seller does not have copyrights or any other required titles;
  • any actions and results thereof related to any violation by the User or Seller of these Terms and Conditions or to submission by the Seller or the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
  • any actions based on collection of personal data by the Seller or the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons;
  • any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of G2A LLC from any disputes between Users);
  • any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the Site by Sellers against Users or other Sellers – owing to the fact that within such scope, G2A LLC is not a party of such legal relationships.

 

7.2 G2A LLC shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Seller of his agreement with the User (or other Seller), or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to G2A LLC, related to Sellers' behavior specified in section 7.1. above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Sellers shall bear all and any costs related thereto and borne by G2A LLC or to which G2A LLC will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, charges related to personal presence at court or in front of any authority and public administration body, correspondence costs and any other possible charges, fees, etc. Moreover, where third parties file any claims against G2A LLC related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace G2A LLC in such proceedings or shall act as a third party respondent.

 

7.3 Furthermore G2A LLC does not guarantee that any Seller or any User is capable of concluding an agreement through the Site, and in particular that such agreement will be performed. G2A LLC is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller nor by the Seller against the User, nor the Seller against other Seller. G2A LLC shall not be liable against the Users (or other Sellers) for the products and services sold through the Site by the Sellers including for whether they are fit for purpose, for their quality, legality, legal and physical defects. G2A LLC shall not be liable against the Sellers for the correctness and validity of any statements made by the Users/Sellers, for their solvency or ability to conclude agreements with Sellers through the Site.

 

7.4 Notwithstanding the generality of the following guidelines, the Seller shall be held liable for gross violation of the Terms and Conditions and other obligations where:

 

In case of formal notification of a claim by third party against the Seller and where the Seller deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to G2A LLC or where he blatantly fails to fulfill his obligations, e.g. in case of non-delivery of the ordered product or service despite its cost being settled, or where the product or service delivered do not conform with the declared form or quality,

The Seller provided false, incomplete or misleading data,

Where there is reasonable probability that the Seller undertook actions which may be detrimental to G2A LLC and/or its partners in terms of their assets or legal liability.

 

7.5 To the fullest extent permitted by law, all services provided by G2A LLC on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and G2A LLC hereby expressly declines 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 and services sold by the Sellers or sold by itself, unless consumers rights protection laws provide otherwise.

 

7.6 To the fullest extent permitted by law, G2A LLC does not make any representation or give any warranty in relation to the quality, manufacturing, import, export, distribution, offering, presentation and/or use of any products or services offered on the Site nor does G2A LLC take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.

 

7.7 Notwithstanding the foregoing, the total liability of G2A LLC against the Sellers is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the Seller. All claims arising from the use of the Site or services have to be raised within fourteen (14) days after the date on which a problem occurs. In countries where limitation of liability against consumers is possible, the terms of the first and second sentence of this section shall apply accordingly.

 

7.8 The limitations and exclusions of liability under Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to G2A LLC that such damage may occur.

 

8. Dealings between Users and Sellers

 

8.1 Users and Sellers acknowledge that engaging in any transactions on the Site involves the risk of dealing with abusive people. G2A LLC uses its reasonable endeavors to verify the accuracy of the data and information provided by Users and Sellers during the registration process as well as payment processes and when separate agreements are concluded with the Sellers. However, as the identity of Internet users is difficult to verify, G2A LLC is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Sellers). We recommend you to use various means, including common sense, to assess who you are dealing with.

 

8.2 Users and Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Site or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, payment terms, warranty, returns, delivery, time of delivery, insurance, fees, taxes, licences, or penalties.

 

8.3 Users and Sellers agree to provide all necessary information and documents that may be required in connection with transactions (between Sellers and Users or between Sellers) and other obligations under these Terms and Conditions. 

 

8.4 G2A LLC pays utmost care to ensure that the transactions between Users are completed without any problems. However, in the rare circumstances where G2A LLC has been informed that a product or service sold by a Seller is mispriced, or the Buying User has been charged for less than the transaction amount due to wrong exchange rates being applied or any other technical fault or mistake, G2A LLC may, in its discretion, cancel the transaction, return the products to the Seller and notify the payment services that the funds should be returned to the Buying User.

 

9. Forbidden Actions – Anti Violation Procedures (a so-called notice and takedown procedure)

 

9.1 Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller is obliged to notify the Site's operator thereof (to the e-mail address: support@g2a.com or via registered mail to the address specified in 'Definitions' of these Terms and Conditions where ' G2A LLC' is defined), indicating and submitting:

 

a) the exact location of the data;

b) the right violated;

c) circumstances and evidence proving the legal title to bring an action in terms of the violated right together with a statement under the penalty of perjury to the effect that he or she is the sole person entitled to the data found on the Site (in particular games or game codes) and that the Seller has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'G2A LLC' is defined)

d) his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;

e) a personal data processing statement consenting to processing for the purposes of the notice and takedown procedure (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'G2A LLC' is defined).

 

9.2 Following the receipt of a credible notification specified above, G2A LLC 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 the Site, that such notification and claim by a third party has been submitted.

 

9.3 The Seller who has received notification mentioned in section 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.

 

9.4 The Seller who notified G2A LLC of the violation of his or her rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Site by the Seller were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:

  • uploaded back to the Site without amendments;
  • uploaded back to the Site, amended in accordance with the changes agreed by the parties;
  • permanently removed from the Site.

Any agreements between the parties allowing for the data to be uploaded back to the Site shall be made in writing, signed by the authorized persons and sent as an original via registered mail to the address specified in 'Definitions' of these Terms and Conditions where ' G2A LLC ' is defined.

 

9.5 Where:

  • it is not possible to determine the Seller responsible for publication of third party's data or their distribution on the Site etc.
  • the Seller does not submit any reply to the notification of third party's claim within 14 days from its receipt from G2A LLC 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 Site.

 

9.6 Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, G2A LLC will immediately disable any access to such data.

 

9.7 G2A LLC reserves the right to, at its own initiative, remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful.

 

9.8 G2A LLC can prevent adding certain data or selling certain products on the Site if they receive reliable information that such actions are in conflict with the Terms and Conditions or statements given by the Seller.

 

10. Complaints Procedure

 

10.1 The Seller has the right to file complaints connected with the services provided by G2A LLC. All complaints should be sent in a written form to the address of G2A LLC indicated in the Chapter “Definitions” of this Terms and Conditions. All complaints shall be resolved within 10 days from the date of their delivery to G2A LLC. Replies shall be sent to the address from which the complaint has been received or any other given by the complaining party.

 

10.2 If the User has complaints about the product he/she has bought, G2A LLC is not liable to resolve these complaints as it is the Seller who is liable for the quality and completeness of the product. However within the scope of Services G2A LLC.G2A LLC agrees to help Sellers and process the complaints issues by the Users (or Sellers purchased the products) by means of initiating the complaint procedure. G2A LLC

 

10.3 Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.

 

10.4 Notwithstanding the provisions of point 11.2 above, and unless otherwise agreed between the Seller and the User (or Seller purchasing the product) a product purchased via the Site, especially a game activation code, which has not been retrieved from the Site or – being retrieved – has not been activated (used) by the User might be returned to the Seller provided that the Seller grants the User a right to return the purchased product. The Seller shall unequivocally determine whether he/she grants such right with regard to a given product or a given User. In the abovementioned case G2A LLC agreed to properly inform the Users (or Sellers) who purchased the product about the return procedure and, if such return procedure is initiated by the User (or Seller) G2A LLC Is liable to present a proper information in this respect on the product page on the Site.

 

10.5 In case of enabling the User to return a purchased product, subject to point 11.4 above, such returned product is sent back to the Seller and can be sold again within the Site provided that this product is not defective.

 

10.6 In the event of any dispute(s) between the Buyer and the Seller in relation to the services or products purchased on the Site with the use of the payment method offered by PayPal Holdings, Inc., PayPal (Europe) S.à r.l. et Cie, S.C.A. or their affiliates or subsidiaries, including any dispute(s) regarding the chargeback, bank reversal, PayPal dispute(s) and G2A Shield issue(s), the Seller is obligated to notify G2A LLC in this regard solely through their Account by use of the ticket button available in the “Account details” section.

 

The aforesaid notification by the Seller shall be made immediately, however, no later than 14 (fourteen) days from the start of this dispute(s) (i.e. at the moment the Seller or has received the complaint from the Buying user regarding the products or services offered by the Seller on the Site).

 

In addition, the Seller is also obligated to provide G2A LLC with all the necessary information, within the above mentioned 14 (fourteen) day period, regarding this dispute(s) and any information that may be requested by G2A LLC. The Seller shall fully cooperate with G2A LLC to resolve any dispute(s) with the Buying user. In the event that the Seller does not inform or improperly informs G2A LLC regarding the started dispute(s) within the aforesaid term, G2A LLC will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the Seller relating to or arising from the aforementioned dispute(s), in particular G2A LLC will be released from any obligations to return any money to the Seller

 

11. Termination

 

11.1 Both the Seller and G2A LLC have the right to terminate the agreement. The agreement between the Seller and G2A LLC on providing Services is concluded for unspecified period of time.

 

 

11.2 Termination of the agreement between G2A LLC and the Seller can be made with a 7 day notice. The termination can be in a written form or an e-mail. In the case of extreme violations of this agreement by the Seller, G2A LLC has the right to terminate the agreement with immediate effect by removal of the Seller’s account or by blocking the Seller’s access to the Service.

 

11.3 If the termination of the agreement has been made by G2A LLC the Seller cannot create another Account on the Site without G2A LLC’s consent.

 

11.4 G2A LLC has the right to temporarily suspend access to the Seller’s Account if its security is compromised in any way or if significant violations of this agreement or the law (by the Seller) are discovered (if G2A LLC will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, G2A LLC is not responsible for a temporary lack of access to the User’s or the Seller’s Account, especially for the inability to sell products.

 

12. Final Provisions

 

12.1 The ‘Privacy Policy’ constitute integral parts of these Terms and Conditions, binding upon all registered Sellers.

 

12.2 The Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of G2A LLC. The Sellers hereby consent to and agree that G2A LLC may transfer the rights and obligations arising from the agreement between G2A LLC and the Sellers to a third party, including the consent to transfer their personal data processed by G2A LLC.

 

12.3 The processing of any data received by the administrator of the Site in relation to its functioning is made in accordance with the Privacy Policy and the Seller agrees to it when accepting these Terms and Conditions. G2A LLC may transfer the rights and obligations arising from the agreement between G2A LLC and the Seller to a third party, to which the Seller agree.

 

12.4 Any communication with the Site’s administration shall be made by e-mail to the address: support@g2a.com .

 

12.5 Any comments and remarks on Sellers violations of these Terms and Conditions shall be notified with G2A LLC to the address: support@g2a.com .

 

12.6 Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.

 

12.7 Due to local laws and restrictions that may be present in the User’s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.

 

12.8 Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.

 

 

 

Attachment 1.

 

The Public Offer Agreement [draft framework agreement, subject to change by mutual agreement of the Seller and the Buyer] 

 

Under the present agreement, [please indicate the name of the Seller] being the Seller of a digital Product offered on the Site, undertakes the responsibility to deliver the requested Products to any User properly registered on Site and compliant with the rules set forth below.

 

1.     Definitions

 

All definitions unless otherwise specified forth in the present Public Offer Agreement, should mean the following: 

 

Seller – [please indicate the seller’s details]

 

Parties – the Seller and the User altogether.

 

Product - goods or services, especially game activation codes, in digital form available for sale (download) to Users on and via the Site.

 

The Public Offer Agreement – the present agreement including attachments, encompassing a set of rules regulating the rights and obligations of the Seller.

 

Authorized person – a person or an entity authorized by Seller to process payments from the User for a particular Product purchased or requested for purchase by the User via the Site.

 

 2.     Scope

 

Unless otherwise agreed between the User and the Seller, the Seller is liable to provide to any User the Product offered by the Seller on Site and requested by the User via the Site.

 

If the User expresses the will to buy a Product by means of submitting respective request on the Site, the Seller is entitled either to agree with this request and deliver the Product in accordance with the conditions of Product delivery placed on Site or to withdraw from concluding the present Public Offer Agreement.

 

The withdrawal is valid only in case of expressing such will by the Seller within one minute after receiving the offer from the User. Failing to express the withdrawal within abovesaid time or expressing a will to conclude the agreement within abovesaid time constitutes Seller’s final consent and authorization for providing a Product and charging the User with payment.

 

The present Public Offer Agreement between the User and the Seller becomes valid once the provision of a Product and the charge to the User is authorized by the Seller upon his/her final consent.

 

 3.     Price

 

The price of the Product for the purposes of the present Public Offer Agreement is the price indicated at the Site at the moment when the User requests the Product to be purchased.

 

The Seller is the only person who determines the price of the Product and this price is not negotiable by the User. If the User expresses the will to buy a Product by means of submitting respective request on Site, the User accepts the price suggested by the Seller.

 

The Seller reserves the right to change the price of a particular Product placed on site but not requested by the User without prior notice to the User. If the Seller decides to change the price to a Product already requested by the User on Site, the price of such Product should be the price indicated at the Site at the moment when the User requests the Product to be purchased.

 

 4.     Payment

 

The Parties mutually agree that payments due from the Users under the Public Offer Agreement may be paid by these Users to the Sellers via the Site by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers) and via the Authorized Person.

 

Herewith the User agrees that the Authorized Person is entitled to share the information on the status of payments from Users for the Products with Seller and / or persons or legal entities appointed by the Seller, in particular, persons or legal entities operating and maintaining the Site.

 

For avoidance of any doubt the parties agree that the interactions between the Seller and G2A LLC or the Authorized Person are not covered by the present Public Offer Agreement and G2A LLC or the Authorized Person is not a party to the present the Public Offer Agreement and the Seller will conclude a separate agreement with G2A LLC or the Authorized Person for services provided by the latter to the Seller (if any).

 

 5.     Terms and conditions

 

5.1 The Seller and/or the User warrant and acknowledge that:

 

a) he or she has the full capacity and right to accept the Public Offer Agreement to grant licenses and authorizations and assume such obligations; by accepting this Public Offer Agreement and by placing any services or products on the Site or selling it on the Site the Seller confirms and asserts that such services or products are legally purchased and/or obtained and originate from legal sources, are free from any defects (both legal and physical) and any third party rights and claims and that the Seller is entitled to place and sell such products or services, especially by way of copyrights possession, and that it has all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc., in particular the right to sale through the internet, online system, as well as that the rights are not limited in any way ;the products and services offered by the Seller through the Site (a) do not violate any third party rights, including 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; he or she will not engage in any activity detrimental to the good name and reputation of the Seller or User, which may have negative effect on the Seller or User or third parties operating the Site, or the Product sold via the Site; he or she will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to Seller’s or User’s interests;

b) he or she will not use the present Public Offer Agreement for any money laundering related activities nor for any actions providing to the Seller or User the risk of being accused of using the Site for money laundering purposes;

c) the Seller will not resell products which were acquired free of charge or with a discount connected with a charity event or supporting such an event;

d) he or she will not use more than one account for selling or purchasing on Site; will not use VPN connection unless it is necessary to run a registered business or acquire the Product.

 

5.2 The Seller warrants, acknowledges and is responsible for the fact that the property on sale that it submits, presents, publishes through the Site and offers to the User will fulfill the following conditions and:

  • will be genuine, appropriate, complete and lawful;
  • will not be false, deceitful or unreliable;
  • will not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
  • will not violate the rights of the User;
  • will not infringe any applicable laws or 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;
  • does not link, to any website(s) that might contain content infringing the above.

 

5.3 Furthermore, the Seller assumes responsibility, warrants and acknowledges that it:

 

  • will take all actions under the present Public Offer Agreement in accordance with applicable laws and regulations;
  • will deal with all Users properly and in good faith;
  • will take all actions in accordance with the Public Offer Agreement, other documents and applicable additional arrangements specified within the framework of the Site;
  • will not use the Site for embezzlement or abuse of Users (e.g. sale of stolen property, use of stolen credit/debit cards);
  • will not profess itself as someone or whatever else or misrepresent its details or relations with someone or whatever else;
  • will not become involved in spamming or phishing (will not acquire information deceitfully);
  • will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;
  • will not become involved in any attempt to reproduce, use or embezzle any legally reserved address directories, databases and password lists related to the Site and the User;
  • will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;
  • will not attempt to compromise the integrity of data, systems or networks used by the User or gain unauthorised access to such data, systems or networks;
  • will not become involved in any action that might otherwise render User or any other parties related to the Site.

 

5.4 If the present Public Offer Agreement is concluded by the Seller and/ or User that is a business representative of a company, it warrants and certifies that as such a representative he possesses the necessary consents and authorizations from their principal to:

 

a) act as a sales / purchase representative,

b) publish the contact details necessary to conduct business,

c) a third party will be able to use this data to contact him in matters important in the context of the business activity. In addition, the Seller and/ or User certifies that third parties may contact the representative without the consent of his principal.

 

5.5 The Seller is solely responsible to provide the User being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract as well as fulfill other documentary obligations resulting from any applicable law, if the respective confirmation is requested by the User.

 

5.6 In the event the sale or delivery of any digital content from the Seller to User is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value added, or other tax or levy; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy (if any), unless this amount of tax or levy is payable by the User in accordance with applicable legislation, respective tax or levy shall be borne by the Seller and withheld from the amount of funds received by such Seller from the User for the Product.

 

 6.     Dispute resolution

 

6.1 If the User has complaints about the product he/she has bought, he/she may file a complaint to the Seller. Such complaint may be filed with the help of the person or legal entity operating the Site. In such case the person or legal entity operating the Site only helps in initiating the complaint procedure and does not resolve the complaint. This does not apply to products sold and owned by any person or legal entity other that the Seller.

 

6.2 Notwithstanding the provisions 6.1 above, a Product purchased by the User via the Site, especially a game activation code, which has not been retrieved from the Site or – being retrieved – has not been activated (used) by the User might be returned to the Seller provided that the Seller grants the User a right to return the purchased Product. The Seller shall unequivocally determine whether he/she grants such right with regard to a given product or a given User by means of placing a proper information in this respect on the Product page on the Site.

 

6.3 In the event that the Public Offer Agreement is translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail.

 

6.4 Users and Sellers are personally responsible for observing all the conditions of transactions conducted on, via or as a result of using the Site or services, in particular the Public Offer Agreement and other commitments placed on Site and necessary to Purchase the Product on Site.

 

6.5 The Parties may agree special terms and conditions of provision of the Product or any additional goods and/or services in a separate agreement (Special Agreement). In case of any conflict or discrepancy between the Public Offer Agreement and Special Agreement, the provisions of the Special Agreement shall prevail over the provisions of the Public Offer Agreement unless explicitly provided otherwise in the Special Agreement.

 

 7.     Closing remarks

 

7.1 The Seller hereby confirms that it accepts the rules and conditions set out in the present Public Offer Agreement. The Seller states that there are no factual or legal grounds preventing him from the conclusion of this Public Offer Agreement with the User.

 

7.2 The Public Offer Agreement is concluded between the Seller and the User directly without any person or legal entity being the intermediary or third party to this Public Offer Agreement.

 

7.3 No other third party, including but not limited to the Authorized Person and person or entity operating the Site may not be held liable for the consequences resulting from the present Public Offer Agreement.

 

7.4 The parties agree to communicate electronically by e-mail or by posting notices on the Site or through distribution via communication channels within other services. For contractual purposes, the User consent to receive communications electronically and agrees that all agreements, notices, disclosures and other communications that Seller electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.

 

7.5 Users and Sellers agree to provide to each other all necessary information and documents that may be required in connection with transactions and other obligations under this Public Offer Agreement. 

 

7.6 The Seller reserves its right to make any changes and modifications to this Public Offer Agreement, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the amended Public Offer Agreement on the Site. Therefore, it is the User’s obligation to check on a regular basis whether the Public Offer Agreement was subject to amendments. By using the Product User signifies agreement to be bound by all changes that may affect the User. Unless explicitly stated otherwise, the amended Public Offer Agreement shall come into effect automatically fourteen (14) days after its publication on the Site. The modifications of Public Offer Agreement become binding for the Users at the moment of publication of the amended Public Offer Agreement on the Site.

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