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TERMS AND CONDITIONS OF THE SITE G2A.COM

TERMS AND CONDITIONS OF THE SITE G2A.COM

 

Whereas:

 

(i)     G2A.COM possesses and operates the Site designed for connecting Users wishing to buy and sell various digital content, especially game activation codes;

 

(ii)    the Site is not an online shop but merely a platform where Users may conduct transactions between them;

 

(iii)   G2A.COM, unless explicitly expressed in a particular offer, does not purchase digital content, especially game activation codes, from Sellers and Selling Users and does not re-sell digital content, especially game activation codes, to Users;

 

(iv)   the offers and sales performed via the Site are made between particular Sellers or Selling Users and Users while G2A.COM only facilitates such transactions by means of the Site’s functionalities and provides certain additional services to the Users aimed at improving safety, speed and certainty of the transactions;

 

 

  • this document defines legal (contractual) relations between G2A.COM and Users and between G2A.COM and Sellers with G2A.COM acting as an administrator of the Site;
  • this document does not define legal (contractual) relations or terms and conditions between Users and Selling Users and between Users and Sellers;
  • in particular, this document does not determine conditions specific for transactions and contracts being concluded between Users and Selling Users and 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;
  • notwithstanding the above – and merely for purposes related with: care for G2A.COM brand, functioning the Site as a platform connecting Sellers and Users and avoiding unfair practices on the Site – G2A.COM reserves the right to establish basic rules for selling and buying game codes via the Site.

 

 

Definitions

 

G2A.COM – G2A.COM LIMITED with its registered office in Hong Kong, 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong; OR the company G2A LLC with its registered office at 8275 South Eastern Avenue 200 Las Vegas, NV 89123, USA, depending on which of them is a party to the agreement in accordance with further provisions of this Terms and Conditions.

 

Site – a group of affiliated websites made available on the Internet from the address: www.g2a.com, other than these available from the address: www.g2a.com/goldmine.

 

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.

 

Selling User – a natural person, who is not an entrepreneur, selling via the Site and being the owner of game activation codes in the digital form. 

 

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.COM.

 

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

 

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.

 

Seller – an entrepreneur operating in any form who sells its goods or services, especially game activation codes in digital form to Users via the Site. The Seller may also purchase goods/products from other Sellers via the Site.

 

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.

 

Durable Medium – any instrument which enables the User or the Seller or G2A.COM 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.

 

 

All provisions of these Terms and Conditions concerning the User apply also to the Selling User, whereas all provisions concerning the Selling User apply only to the Selling User. The User may (but does not have to) possess the status of the Selling User at the same time. Every Selling User possesses the status of the User at the same time.

 

 

 1. Applicability and Acceptance of the Terms and Conditions

 

1.1 The User and the Seller hereby agree to and accept these Terms and Conditions and the Privacy Policy as a whole and without reservations. Any User 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.COM, with Selling Users or 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.COM 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 hereby confirms that it is an entrepreneur 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.COM 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.COM and the Users through the Site aimed at sales of products and services to the Users.

 

1.4 G2A.COM 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 Users or Sellers may conclude with G2A.COM, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and G2A.COM (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.COM, the User and the Seller communicate with G2A.COM electronically. G2A.COM communicates with Users and 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 User and the Seller consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that G2A.COM electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.

 

1.8 As part of the Site – within the scope of agreements concluded between the Seller and the User or between the Selling User and the User – G2A.COM provides the Service consisting in exclusively so called regular transfer, caching and hosting services (specified below in letters a), b) and c)). To such extent, G2A.COM 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.COM enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that G2A.COM:

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

  • 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.COM makes available computerized system’s resources aimed at storage of data by Users and Sellers.

 

1.9 G2A.COM provides Users and Sellers with a digital trading platform to exchange information on products and services. In addition, G2A.COM provides the possibility of establishing, presenting and completing transactions between Users and Sellers via electronic means, including in particular the sales of games and game activation codes to Users by Sellers, between the Selling User and the User, as well as between Sellers. G2A.COM is neither a party of the agreement between the User and the Seller, nor between the Selling User and the User, nor between Sellers - it merely provides specific assistance and administration services to Sellers and Users.

 

1.10 Notwithstanding the provision in 1.9 above, G2A.COM also sells its own products and services through the Site, where it is explicitly provided.

 

1.11 The technical requirement for the use of the Site by the User and 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.

 

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

 

1.13 The User having its place of residence, headquarter or place of habitual residence in the territory of the European Union, Australia, Japan, Canada, Norway, South Korea, New Zealand or Russia executes an agreement with G2A LLC with its registered office at 8275 South Eastern Avenue 200 Las Vegas, NV 89123, USA. The Users having its place of residence, headquarter or place of habitual residence in other countries executes an agreement with G2A.COM LIMITED with its registered office in Hong Kong, 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. If the Seller or the Selling User sells games codes to the User having its place of residence (headquarter or place of habitual residence) in the territory of the European Union, Australia, Japan, Canada, Norway, South Korea, New Zealand or Russia then the Seller/Selling User executes an agreement pursuant to the Terms and Conditions with G2A LLC. If the Seller or the Selling User sells games codes to the User who is not having its place of residence (headquarter or place of habitual residence) in the territory of the European Union, Australia, Japan, Canada, Norway, South Korea, New Zealand or Russia then the Seller/Selling User executes an agreement pursuant to the Terms and Conditions with G2A.COM LIMITED. Notwithstanding the above, services stated under clauses 5.13, 5.14, 5.15, 5.16 and 5.21 are solely provided by G2A.COM LIMITED, with its registered office in Hong Kong, 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong.

 

1.14 The User, the Selling User and 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.COM (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).

 

 

2. Service Fees

 

Subject to point 2.1 below G2A.COM collects its commission or other possible fees (if such are due) from the amounts of prices determined by the Seller or the Selling User.

 

2.1 Joining the Site and buying items on sale through the Site is free of charge for the Users. The Users are charged only for the use of selected payment channels or for payments and commissions due to G2A.COM. The amount charged is listed on the payment selection page. G2A.COM shall collect its commission from each sale price of a given product specified by the Seller or the Selling User. The terms and conditions for making and receiving payments and relevant charges have been provided in the G2A Pay Terms and Conditions which can be accessed via the following link: https://pay.g2a.com/downloads/G2APay-Terms-and-conditions.pdf . G2A.COM charges a fee for putting a product on sale via the Site. The fees and commissions are specified in the “Table of fees and commissions” annexed to these Terms and Conditions.

 

2.2 To the amount of the commission referred to in point 2.1. G2A.COM may add the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union which is connected with obligations related to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.13.

 

The Selling User and the Seller gives his/hers consent to G2A.COM for adding to the price referred to in point 2.1. the amount of Value Added Tax or similar tax valid at the place of residence, headquarter or place of habitual residence of the User who does not run a business activity. The aforesaid consent is connected with obligations of G2A.COM in relation to Value Added Tax or similar taxes, in particular with those referred to in paragraph 1.15. In the present case, the amount of the commission collected by G2A.COM shall be calculated on the amount of the selling price without including the amount of Value Added Tax.

 

2.3 The prices specified for products or services supplied by G2A.COM – in accordance with point 1.10 above – do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. G2A.COM reserves its right to temporarily suspend the Service Fees for promotional purposes (e.g. free bidding days) or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.

 

2.4 All fees for G2A.COM services are denominated in EUR, USD, GBP or PLN. If other currencies are to be applied, changes will be communicated. The User and the Seller are solely responsible for paying fees and taxes relating to his/her use of the services available on the Site on time. The User and the Seller are particularly responsible for paying due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own. G2A.COM in any case is not responsible for settling above fees and taxes. If certain payment method shall fail or an invoice is overdue, G2A.COM reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.

 

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

 

2.6 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 Users. G2A.COM 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.

 

2.7 G2A.COM does not authorize delivery of products sold by the Sellers or Selling Users and is not responsible for and does not authorize payments for services provided/products delivered via Site by Sellers or Selling Users. However, in order to make transactions performed via Site as efficient as possible, Users are provided with payment solutions available on the Site, such as PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers and other. All the payment solutions are described within the Site.

 

2.8 Any User (or Seller) demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, G2A.COM shall not be liable against the Users (or Sellers) for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User/Seller shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to G2A.COM fault, the User shall inform G2A.COM thereof by sending an e-mail to the address: support@g2a.com

 

2.9 The User and the Seller give their consent to G2A.COM to transfer personal data of the User or the Seller, such as name, surname, address, as well as other data, such as the bank account number, to the payment services mentioned in 2.6 above, including the consent to processing these data by the payment services in order to carry out the transaction in the form of the payment from the User to the Seller or the Selling User.

 

2.10 The User and the Seller assert that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources.  

 

2.11 The User asserts that he/she is not a VAT taxpayer. When the User becomes or already is the VAT taxpayer, he is obliged to provide all the data required to issue a VAT invoice. Such an invoice may be sent to the User’s email address or delivered with other electronic means. 

 

2.12  The Sellers/Selling Users 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.

 

2.13 The User is aware and hereby acknowledges that placing an order connected with purchase of the digital content, especially game activation codes, from the Seller or the Selling User via the Site may entail an obligation to pay provided that a will to conclude a contract and to charge the User is expressed by the Seller or the Selling User in accordance with point 5.5 below.

 

2.14 To any User who has made a purchase on the Site, information may be sent randomly via e-mail that automatically one Bonus Person was assigned to him (please see Goldmine terms and conditions) together with information that conditional remuneration was therefore granted to him – indicating the remuneration amount. From this moment the User has three (3) months to decide whether to register with the Goldmine site and participate in the Goldmine Marketing Program. No registration within that period will result in the conditional remuneration being withdrawn and treated as undue because of the unfulfilled condition. In case the registration is made the remuneration defined in this section shall be paid into the technical account specified in point IV section 1 of the Goldmine terms and conditions. The provisions of this section are part of a marketing campaign valid until revoked. Revocation shall be made by striking out this section in accordance with these Terms and Conditions.

 

2.15. The Seller may sell pre-order products through the Site. The Seller agrees and undertakes to pay a pre-order advance to G2A.COM 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.COM 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.COM. 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.COM. 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.COM if the Buying User has previously submitted an offer to purchase the given pre-order product.

 

2.16. The User is aware that money accumulated by him/her in G2A Wallet may be divided into various balances based on the source of their deposit. Differences between them shall be settled in such way, that no balance can represent negative value. It means that the funds accumulated in the positive balance value will cover the negative value in other balance. If User does not have funds in any of the balances and one of them has negative value, it will be covered from the User’s first transaction which will be credited to any of those balances. The aforesaid balance netting process shall be made immediately during a given transaction made by the User. The User understands and agrees that during this process a currency conversion will take place on the balances. In terms of currency conversions and fees is a subject to this G2APAY Terms and Conditions and these Terms and Conditions. For the avoidance of doubt, to the extent permitted by the law G2A.COM ** is not to be liable to the User in case when as a result of the conversion the User will receive a lower amount than expected. In the said cases no additional sum will be transferred as a compensation and no such compensation may be requested from G2A.COM.

 

3. Users’ accounts

 

3.1 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.COM will open an account and assign a password that may then be changed by the User.  If it is discovered by G2A.COM 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.COM reserves the right to suspend User’s account.  If a User’s account is suspended any balance on said account may be fortified.  G2A.COM may, at G2A.COM’s sole discretion, re-activate such an account or assist in transferring funds.

The User who wants to sell his/her products or services via the Site (becoming the status of the Selling User) is obliged to provide in the registration process (or later when completing the account data) i.e. the following data: name, surname, address of residence, phone number, bank account number, VAT (or other tax) identification number, business registration number. Each User shall disclose his/her place of residence (headquarter or place of habitual residence). The Users take note and accept that G2A.COM is in possession of tolls 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.COM, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, G2A.COM 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.COM with all information in this respect.  The User is entitled to set up only one account, unless G2A 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.

 

3.2 G2A.COM is entitled to verify the data of the User or the Seller by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, G2A.COM 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.COM 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.COM 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 or the Selling User.

 

3.3 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.

 

3.4 Registration on the Site by the User and/or the Seller is equivalent to the User and/or 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.COM, 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.COM, as well as for accounting purposes, aimed at contacting the Users and the Sellers by G2A.COM. 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.

 

3.5 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.

 

3.6 The account is made available to the User by G2A.COM 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.

 

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

 

3.8 Within the scope permitted by law, G2A.COM 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.COM hereby commits to deal with them as soon as possible.

 

3.9 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.COM, Sellers or other Users. The User is obliged to protect G2A.COM and our partners against losses and damage caused by the use of their account by third parties.

 

3.10 Accounts are also created for the Sellers. In order to set up his/her account, the Seller is obliged to register by filling in the registration form available on the Site. During registration, the Seller is obliged to provide, first and foremost: name, surname, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number as well as to accept these Terms and Conditions and Privacy Policy. After creating an account, G2A.COM shall provide the Seller with the password, which may later be changed by the Seller.

 

3.11 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.

 

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

 

3.13 The User and 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.COM may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.

 

3.14 To the extent permitted by law, G2A.COM assumes no responsibility against the Users and the Sellers, should they violate the provision specified in 3.13 above. The Users and 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. 

 

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

 

 

4. General Terms and Conditions of Use

 

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

 

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

 

4.3 The users must not misuse the G2A.COM services. The Users may use the G2A.COM services only as permitted by law. Users and 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.COM. 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.COM. Any trademarks, marks and trade names constitute G2A.COM property. Without explicit consent of G2A.COM, 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.COM. 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 User 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.COM. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy Policy.

 

4.6 G2A.COM may provide Users 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 User is informed that G2A.COM has no control of the websites owned by other providers, nor does G2A.COM 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 User and the Seller 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.COM 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.COM;

d) they will not use the Site for any other purposes than the use of services offered by G2A.COM, 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.COM 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.COM. 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.COM, currently or in the future. The User acknowledges and warrants to G2A.COM that he/she has sufficient means and rights to ensure such license.

 

5. Obligations of G2A.COM

 

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

 

5.2 Unless otherwise provided by G2A.COM, the Seller and the Selling User 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 or the Selling User determines the price of products which he/she intends to sell on the Site. Subject to point 2.1 above, G2A.COM collects its commission or other possible fees (if such are due) from the amount of such price. The Users and the Sellers acknowledge and accept the fact that G2A.COM may, as part of Additional Provisions mentioned in 1.6 above, set with a given Selling User or Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments. 

 

5.4 By enabling the product by the Seller or the Selling User on the Site he or she authorizes G2A.COM 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 Selling User. 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 or the Selling User may change the product’s price. In case of the price change, provisions defined in 5.3 above are directly applied. The Seller and the Selling User acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.

 

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

 

5.6 Moreover, the Parties mutually agree that their due payments made by the Users (or Sellers if they have purchased goods from other Sellers) shall be paid by these Users (or Sellers) by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers) to the bank account of G2A.COM. From the funds collected on its account, G2A.COM deducts its due commissions and fees indicated in these Terms and Conditions from the Seller and the Selling User, by retaining its amount on the G2A.COM’s bank account, whereas the remaining part shall be transferred to the Seller’s or the Selling User’s bank account. The Seller and the Selling User agree that the payment already charged to the User is transferred to the Seller or the Selling User within 30 days from the date of the funds reaching the G2A.COM’s bank accounts. The Seller and the Selling User agree that the payment transfer for the Seller shall follow within 30 days (for the Selling User within 14 days) after the money reaching the G2A.COM’s bank account and after setting the payout with chosen payout option.

 

5.7 The commission paid by the Seller or the Selling User to G2A.COM is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other Seller) for products or services purchased from the Seller or the Selling User, would have to be returned by the Seller or the Selling User to the User (or other Seller) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the Seller or the Selling User). Due to the commission being non-returnable, the Seller and the Selling User are not entitled to claim any compensation from G2A.COM and G2A.COM may retain on its bank account the sums of back commissions, contractual penalties and compensations costs which the Seller or the Selling User shall cover.

 

5.8 Notwithstanding provisions stipulated in point 5.7 above, G2A.COM enables Users and Sellers with resolution mechanisms – via Help Desk functionality available on the Site – in order to clarify the reasons for demanding refund by the User. Depending on the conclusions of such resolution, the funds shall be returned by the Seller or the Selling User (including transfer of the funds from the G2A.COM’s bank account to the User, instead of the Seller’s or the Selling User’s bank account) or shall not be returned to the User, who may vindicate his claims against the Seller or the Selling User at court or in any other way. 

 

5.9 Excluding the examples defined above, G2A.COM is not entitled to dispose of and manage the funds transferred by the Users/Sellers in relation to purchases of products or services from the Seller or the Selling User.

 

5.10 The Seller and/or the Selling User give G2A.COM their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller or the Selling User. The Seller and the Selling User are 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.COM 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.COM assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller or the Selling User misinforms G2A.COM regarding the product, its access to a given gaming platform, etc.  The Seller and the Selling User hereby entitle G2A.COM 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. 

 

5.11 G2A.COM shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account. 

 

5.12 In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, G2A.COM 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.COM 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.COM’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.COM. 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.COM becomes the owner or co-owner of the product sold by the Seller (nor that G2A.COM is to be so treated) – the Seller remains the exclusive owner and the supplier of the product being sold.

 

5.13 Every User may purchase access to the security program for buyers („G2A Shield”). The fee for G2A Shield is displayed for each given product and is exclusive for individual products, in connection to which the User bought the G2A Shield. Every User may remove the G2A Shield option during the purchase, simply by unchecking the G2A Shield box. In the said case the fee for G2A Shield shall not be added. G2A Shield allows the User to receive the replacement product in case the purchased product was faulty or different from the description. If such a replacement cannot be granted the User who bought the G2A Shield shall receive a full refund for the said purchase. The User will also receive exclusive access to G2A Price Match. G2A Shield does not transfer responsibility for any product from the Seller or from the Selling User to G2A.COM – it is an additional service that gives G2A Shield Users additional protection independently from the responsibility of the Seller/Selling User for the product and ultimate responsibility for the product always lies with the Seller/Selling User.

 

5.14 The User may choose to purchase G2A Shield membership (the “membership”). The membership is free of charge for one month from the purchase (“initial term”) and shall last for undefined period of time unless earlier terminated by User. After the initial term is lapsed the User shall pay to Company the remuneration amount that is shown on the Site. If the User does not want to continue the membership he/she can unselect membership in his/hers account panel at any time. If the User deactivates the membership and after that he/she decides to purchase the membership again then the remuneration due to the Company may be increased. The aforesaid remuneration for the membership will be automatically deducted from Users credit card or G2A Wallet or any other available funds and the User hereby accepts making such payment pursuant to these terms.

 

5.15 The User that elects to purchase a membership, in addition to the standard benefits of G2A Shield shall be entitled to the following benefits, subject to these Terms and Conditions:

a) reduced conversion fees for G2A Coins;

b) free G2A Coin transfers;and

c) Shield cashback.

 

5.16 G2A reserves the right to refuse to issue a replacement or refund if in G2A’s sole discretion G2A detects that a User has engaged in fraud, deception or abuse of the G2A Shield.  Moreover, in the event that G2A detects a User has engaged in fraud, deceit or abuse after the issuance of a refund G2A reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s G2A Wallet.

 

5.17 The time to process User’s refund request depends on the User’s rating and his buying history in G2A.COM ecosystem. The said rating is created by Users. For each transaction, Users can choose to rate each other by leaving a comment. Buyers can leave a positive, negative, or a neutral rating, negative or neutral rating plus a short comment. Sellers/Selling Users can leave a positive rating and a short comment.

 

5.18 Documentation Services

 

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

 

b) The Seller or Selling User agrees to disclose and provide to G2A.COM 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 or Selling User agrees that the aforementioned information will be presented on the Documentation made available to Users making purchases from the Seller/Selling User and this information will be presented on the Site. 

 

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

 

d) Seller/Selling User agrees that G2A.COM provides Seller/Selling User with the Documentation Service, “as is”, G2A.COM 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/Selling User hereby agrees to defend, indemnify and hold harmless G2A.COM, 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/Selling User’s sole remedies for any error, defect or failure in the Documentation Service is the correction of the defect or error.

 

 

5.19 G2A Price Match 

 

a) Each User who has made a purchase covered with G2A Shield or G2A Shield membership (the “Privileged User”) can use the G2A Price Match service (“G2A Price Match”). G2A Price Match does not modify the price set by the Sellers/Selling Users but is an additional service that gives the Privileged User a benefit in G2A Coins in eligible cases.

b) G2A Price Match entitles the Privileged User to receive a difference between the price paid for the product marked with “Lowest Price” tag (“Lowest Price”) and the price of the same product (including model, version, date of release and the whole content) offered at onlineshop(s) being authorized sellers of such product or at online shop with daily visitors amount exceeding five thousand (“online shop(s)”) if the Lowest Price is higher than the price offered at online shop(s), provided however that the difference the Privileged User may receive shall not be greater than 10% of the Lowest Price.

c) The Privileged User can use G2A Price Match within 30 days from the day of purchase. In case of purchase of product(s) offered as a Pre-Order(s) G2A Price Match can be used any time.

d) G2A Price Match does not cover products offered by online shops within sales promotions or limited offers.

e) The price which is compared should be a net product price (i.e. without any additional fees and taxes). The price at online shop should be a regular price excluding any discounts the User is granted as the online shop user.

f) The compared prices shall be always expressed in EUR.

g) The difference between the Lowest Price and the price at online shop(s) shall be transferred to Users balance within G2APay Wallet and may only be redeemed for the purchase of products within the Service and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.

h) User confirms and accepts that terms and conditions regarding G2A Price Match may be changed or amended at any time without notice.

 

5.20 Promotional Cashback

 

Cashback codes and Shield cashback (collectively “Promotional Cashback”) provide a User with the ability to earn Promotional Cashback in the form of G2A Coins on each eligible purchase, as defined below, of a game-key in digital form. Cashback codes will expire and will not be usable unless they are redeemed within 30 days.

 

a)         Eligible Purchase Requirements for Cashback code G2A Coins

 

To receive G2A Coins for using a Cashback code, a User must: input the Cashback code prior to completing a purchase; the purchase must be for an eligible game-key in digital form, paid for using User’s G2A Wallet balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Cashback code amount in G2A Coins after satisfying the aforementioned eligibility criteria.

 

b)         Eligible Purchase Requirements for Shield Cashback G2A Coins

 

To receive G2A Coins pursuant to Shield cashback, a User must: have a valid Shield membership; the purchase must be for an eligible game-key in digital form, paid for using User’s G2A Wallet balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Shield cashback amount in G2A Coins after satisfying the aforementioned eligibility criteria.

 

All Promotional Cashback G2A Coins are deposited in a User’s G2A Wallet as G2A Coins. Any Coins so deposited are subject to the rules and restrictions governing G2A Coins. These G2A Coins may be utilized by the User during a subsequent purchase on the Site.

 

Only certain products are eligible for Promotional Cashback and G2A reserves the right in its sole discretion to unilaterally and without notice change Promotional Cashback eligible products. The Promotional Cashback rates and percentages are set by G2A and the actual Promotional Cashback percentage may vary from product to product and is subject to change by G2A. The Promotional Cashback amount is calculated from the base price established by the Seller or Selling User (that is the price exclusive of VAT, GST, sales tax or any other costs or fees that may be levied upon the product).

 

The maximum Shield Cashback G2A Coin balance that any User may accumulate in any one month period is one thousand (1000) Coins and any Shield Cashback amount over said limit will not accumulate, rollover or carryforward to any subsequent months. G2A will not issue Promotional Cashback for any game-key in digital if the Promotional Cashback amount for that game-key in digital form is not at least 0,1 (one-tenth) of a G2A Coin. The entry by a User of a Cashback code on any purchase also eligible for Shield cashback will result in only the accumulation of the Cashback code amount and not the Shield cashback amount.

 

Please note that Promotional Cashback is not a rebate nor a discount from the product price as each product price is set by each individual Seller or Selling User but it is a promotional program created and maintained by G2A and not by any Seller or Selling User. G2A.COM reserves the right to take any action it deems appropriate, including the modification or termination of an account suspension and/or termination, of any User or Privileged User who engages in conduct that G2A.COM determines in its sole discretion is abusive, harmful, objectionable of the Promotional Cashback or violates any of the Terms and Conditions, General Terms or the Privacy Policy.

 

5.21 G2A Coins

a) Each User that has a verified phone number may purchase G2A Coins (“Coins”).  Any purchased Coins will be deposited into the purchasing Users Account.  All purchases of Coins are final and not subject to a right of withdrawal, return or rescission.

b) Purchased Coins may be redeemed on the Site and subject to the limitations set forth herein and any set forth in the Users Account, Coins may be freely transferred between Users that have a valid mobile phone number. Any User that elects to transfer Coins to a Person must initiate the transfer utilizing the mobile application.  If the intended recipient of Coins is not a User then said recipient shall be required, prior to being able to collect transferred Coins, create an Account on the Site using a valid mobile number.  If after a period of seven (7) days any transferred Coins remain unclaimed they shall be returned to the User who initiated the transfer of the unclaimed Coins.

c) Coins may only be redeemed for the purchase of products offered by a Payment Recipient and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.

d) If User makes a purchase covered by G2A Shield or the G2A Shield subscription security program using Coins any refunds shall be made in Coins.

e) The availability of Coins may be limited in your jurisdiction by local law or regulation.  By using Coins, you agree that you are familiar with all laws and regulations in your jurisdiction and you shall indemnify and hold G2A harmless for any breach, violation of law or legal action resulting from your use of Coins.

f) G2A.COM reserves the right to take any action it deems appropriate, including the modification or termination of an, account suspension and/or termination, of any User who engages in conduct that G2A.COM determines in its sole discretion is abusive, harmful, objectionable or violates any of the Terms and Conditions, General Terms or the Privacy Policy.

g) G2A reserves the right to impose transaction limits on the purchase and/or transfer of Coins.

 

5.22. Weekly Sale

a) G2A.COM guarantees benefits, under the Weekly Sale program, within each month of the User’s subscription, such as:

(i) right to purchase from the Seller at least 4 (four) games for the price in amount of 0.01 euro for each one; the aforesaid promotional games shall be presented on the Site as a benefit within Weekly Sale (“1 Cent Game”);

(ii) right to receive from the Seller at least 4 (four) best offers for the video games, the aforesaid best offers shall be presented on the Site as a benefit within Weekly Sale (“Best Deal”);

(iii) right to receive from the Seller 4 (four) greatly discounts for video games, the aforesaid greatly discounts shall be presented on the Site as a benefit within Weekly Sale (“Exclusive Offer”).

The User shall be also entitled to receive G2A Loot Points in the amount each time presented on the Site from external seller Sterling Media Limited with its registered office in Marshall Islands, if the User purchases a video game under Best Deal and Exclusive Offer set forth in point (ii) and (iii) above. The User has 7 (seven) calendar days to collect the G2A Loot Points; the deadline indicated in previous sentence starts with the day of payment for the order related to video game purchased under Best Deal or Exclusive Offer. IN THE EVENT OF CHARGEBACK OR REFUND OF THE AFORESAID VIDEO GAME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, THE G2A LOOT POINTS WILL BE TAKEN BACK IMMEDIATELY FROM THE USER’S G2A LOOT BALANCE.

b) The User shall be entitled to participate in the Weekly Sale program only in subscription. Its price is always presented on the Site. The subscription to Weekly Sale is signed for an indefinite period, however, it will start once G2A.COM confirms the User’s payment and shall continue until such a time as it is terminated by the User or by G2A.COM. The payment for the subscription is charged in advance once a month. The benefits under Weekly Sale are provided to the User only when G2A.COM receive payment given edition of Weekly Sale.

c) The User who participates in Weekly Sale has the right to resign from it at any time by the User’s account, however, the aforesaid entitlement to resign from the subscription does not include the right of refund for any Weekly Sale edition provided to the User before the date of receipt the resignation by G2A.COM from the User. Subscription to the Weekly Sale ends upon receipt of the resignation by G2A.COM from the User.

d) G2A.COM reserves the right to suspend or cancel the User’s subscription to Weekly Sale at any time if the User violates these Terms and Conditions and when there are not enough funds in the User’s bank account, virtual wallet or G2A Wallet to subscribe to Weekly Sale for at least one (1) month. In the event of suspense or cancelation of the User’s subscription, G2A.COM gives the User notice of such a suspension or cancellation via the Site or via e-mail.

 

 

6. Obligations of the Seller and the Selling User

 

6.1 Every Seller and every Selling User 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 and the Selling User are 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 them 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) they will not engage in any activity detrimental to the good name and reputation off G2A.COM, which may have negative effect on the Site, or the product and services sold via the Site;

f) they 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.COM interests;

g) they will not use the Site for any money laundering related activities nor for any actions providing to G2A.COM 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 and the Selling User are obliged to provide information or documents concerning their business, company or products/services at first request of G2A.COM. Each Seller and each Selling User 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) they will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.

 

6.3 Furthermore, each Seller and each Selling User warrants, acknowledges and are responsible for the fact that the property on sale that they submit, present and publish 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 and each Selling User assumes responsibility, warrants and acknowledges that they:

 

  • 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.COM 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.COM 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.COM 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.COM customer care department for G2A.COM 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.COM 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 and Selling User 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.COM, 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.COM interests;
d) will not use the Site for any money laundering related activities nor for any actions which cause G2A.COM 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.

 

 

7. Liability

 

7. 1 Within the scope permitted by law, G2A.COM’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.COM 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.COM 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.COM 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 and/or Selling Users, 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 or/and the Selling User 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.COM 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.COM is not a party of such legal relationships.

 

7.2 G2A.COM 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.COM, 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.COM or to which G2A.COM 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.COM related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace G2A.COM in such proceedings or shall act as a third party respondent. The provision 7.2 is accordingly applied to the Selling Users to the extent, which does not infringe the consumer rights.

 

7.3 Furthermore G2A.COM 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.COM is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller and the User against the Selling User nor by the Seller against the User and the Selling User against the User, nor the Seller against other Seller. G2A.COM shall not be liable against the Users (or other Sellers) for the products and services sold through the Site by the Sellers and the Selling Users, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. G2A.COM shall not be liable against the Sellers and the Selling Users 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.COM 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.COM 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.COM on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and G2A.COM 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 the Selling Users or sold by itself, unless consumers rights protection laws provide otherwise.

 

7.6 Notwithstanding provisions stipulated in p. 5.13.-5.16., to the fullest extent permitted by law, G2A.COM 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.COM 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.COM 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.COM 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.COM uses its reasonable endeavors to verify the accuracy of the data and information provided by our 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.COM 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 Selling Users and Users or between Sellers) and other obligations under these Terms and Conditions. 

 

8.4 In order to unify rules of transactions performed via the Site and to ensure standard of fair practice when conducting the above Users and Sellers hereby confirm that an agreement between the User and the Seller or the User and the Selling User or between Sellers becomes valid once the provision of a service and the charge to the User (or the Seller making the purchase) is authorized by the Seller or the Selling User upon his/her final consent stipulated in point 5.5 above. All further actions connected with the agreement, rights and obligations, are regulated by adequate laws or agreements between Users).

 

8.5 G2A.COM pays utmost care to ensure that the transactions between Users are completed without any problems. However, in the rare circumstances where G2A.COM has been informed that a product or service sold by a Seller or Selling User 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.COM may, in its discretion, cancel the transaction by returning the funds to the Buying User and the products to the Seller or the Selling User.

 

 

9. Donating on the G2A.COM Site

 

9.1 G2A.COM supports:

 

a) charity activities,

b) initiatives for health and social care,

c) initiatives for environment and animal protection,

d) promoting human rights and freedom,

e) promoting art, culture and science. Therefore G2A.COM enables all Users to donate moneys with the help of the Site (from here called Donations) to foundations, public benefit organizations and other subjects realizing goals mentioned from a) to e) (later called Beneficiaries) 

 

9.2 In connection with Donations G2A.COM shall create a subpage on the Site with information about currently supported initiatives and information that lets Users identify the Beneficiary.

 

9.3 Donations shall be transferred with the help of selected payment methods (e.g. Paypal, Skrill, Dotpay, Paysafecard, Moneybookers) to G2A.COM’s bank account who acts as an intermediary. In the payment title the User shall specify which Beneficiary is chosen. If the User does not specify any Beneficiary G2A.COM shall contact the User to determine the Beneficiary to which the Donation should go to. If the User does not specify the Beneficiary G2A.COM shall return the funds donated.

 

9.4 G2A.COM shall transfer the donated funds to the Beneficiary from their bank account not later than the end of the month that follows the quarter in which the Donation occurred (therefore the donation settlements shall occur 4 times a year after each calendar quarter). Any interest accumulated on G2A.COM’s bank account connected with the Donations shall be transferred to the Beneficiaries. If there are more than one Beneficiaries the interest shall be transferred to them proportionally to the Donations made by the Users.

 

9.5 G2A.COM shall not use the donated funds in any way other than described in paragraph 9.4. The Donations are owned by the Users until they are transferred to the Beneficiary. The Donations are to be returned on the User’s demand if the claim was made within 7 days from the date of the Donation.

 

 

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

 

10.1 Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller or a Selling User 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.COM' 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 or the Selling User 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.COM' 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.COM' is defined).

 

10.2 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 or the Selling User responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.

 

10.3 The Seller or the Selling User 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.

 

10.4 The Seller or the Selling User who notified G2A.COM 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 or the Selling User 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.COM' is defined.

 

10.5 Where:

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

 

10.6 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.COM will immediately disable any access to such data.

 

10.7 G2A.COM 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.

 

10.8 G2A.COM 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 or the Selling User.

 

 

11. Complaints Procedure

 

11.1 Both the User and the Seller have the right to file complaints connected with the services provided by G2A.COM. All complaints should be sent in a written form to 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. All complaints shall be resolved within 10 days from the date of their delivery to G2A.COM. Replies shall be sent to the address from which the complaint has been received or any other given by the complaining party.

 

11.2 If the User has complaints about the product he/she has bought, subject to the provisions of point 5.8 above, he/she may file a complaint to the Seller or the Selling User with the help of G2A.COM. In such case G2A.COM only helps in initiating the complaint procedure and does not resolve the complaint. This does not apply to products sold and owned by G2A.COM – in this case G2A.COM resolves the complaint.

 

11.3 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.

 

11.4 Notwithstanding the provisions of point 11.2 above, 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 or the Selling User provided that the Seller or the Selling User grants the User a right to return the purchased product. The User or the Selling User shall unequivocally determine whether he/she grants such right with regard to a given product or a given User. A proper information in this respect will be presented on the product page on the Site.

 

11.5 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 or the Selling User and can be sold again within the Site provided that this product is not defective.

 

11.6 In the event of any dispute(s) between the Buying user and the Seller or the Selling user 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 or the Selling user are obligated to notify G2A.COM 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 or the Selling user 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 the Selling user has received the complaint from the Buying user regarding the products or services offered by the Seller or the Selling user on the Site).

In addition, the Seller or the Selling user are also obligated to provide G2A.COM 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.COM. The Seller or the Selling user shall fully cooperate with G2A.COM to resolve any dispute(s) with the Buying user. In the event that the Seller or Selling user does not inform or improperly informs G2A.COM regarding the started dispute(s) within the aforesaid term, G2A.COM will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the Seller or the Selling user relating to or arising from the aforementioned dispute(s), in particular G2A.COM will be released from any obligations to return any money to the Seller or the Selling user.

 

 

12. Termination

 

12.1 Both the User and G2A.COM have the right to terminate the agreement. The agreement between the User and G2A.COM on providing a teleinformatic platform and certain functions of the Site is concluded for unspecified period of time.

 

12.2 Termination of the agreement by G2A.COM is made through the deletion of User’s account or blocking User’s access to the Site. Removal of the account or blocking User’s access to the Site may be made fourteen (14) days after information is sent to the User’s e-mail address regarding the blocking or termination. In case of gross violation of the terms of these Terms and Conditions by the User, G2A.COM has the right to terminate it with immediate effect through an immediate removal of User account or blocking his access to the Site.

 

12.3 Termination of the agreement by the User is made through removal of his account. The User may withdraw from the contract within 14 days from the date the contract was concluded unless the User has already made the offer of sell or purchase of the game code. The User may at any time electronically request removal of his account by G2A.COM. G2A.COM is obliged to remove the account without any delay, no later than within three (3) days from the receipt of the User’s request. After such period the agreement is terminated. G2A.COM shall immediately provide the User, in a durable medium, with the acknowledgment of receipt of the notice of withdrawal.

 

12.4 Termination of the agreement between G2A.COM 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.COM 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.

 

12.5 If the termination of the agreement has been made by G2A.COM the User or Seller cannot create another Account on the Site without G2A.COM’s consent.

 

12.6 G2A.COM has the right to temporarily suspend access to the User’s or Seller’s Account if its security is compromised in any way or if significant violations of this agreement or the law (by the User or the Seller) are discovered (if G2A.COM will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, G2A.COM 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.

 

 

13. Final Provisions

 

13.1 The ‘Privacy Policy’ and the “Table of fees and commissions” constitute integral parts of these Terms and Conditions, binding upon all registered Users.

 

13.2 Neither User nor the Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of G2A.COM. The Users and the Sellers hereby consent to and agree that G2A.COM may transfer the rights and obligations arising from the agreement between G2A.COM and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by G2A.COM.

 

13.3 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 User agrees to it when accepting these Terms and Conditions. G2A.COM may transfer the rights and obligations arising from the agreement between G2A.COM and the Seller and/or the User to a third party, to which the User and the Seller agree.

 

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

 

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

 

13.6 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.

 

13.7 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.

 

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

 

 

 

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