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    G2A TERMS AND CONDITIONS

    1. GENERAL PROVISIONS

    1.1 Whereas G2A.COM (defined below) possesses and operates the Platform (defined below) using various tools and features designed to help Sellers (defined below) present their offers of various Items (defined below) by enabling them to set up and operate their Seller Stores (defined below) on this Platform.

    1.2 G2A.COM allows the User to search for and view Items offered by the Seller Stores.

    1.3 G2A.COM is not the Seller unless otherwise indicated on the Platform. G2A.COM does not purchase Items from Sellers and does not re-sell them to Buyers (defined below).

    1.4 The offers and sales performed within Seller Stores are made between Sellers and Buyers only, while G2A.COM solely provides tools and technology to host, set up, and operate Seller Stores, search and view Items offered by the Seller Stores, manage the purchases made from the Seller Stores, as well as provides certain additional services aimed at improving safety, speed, and certainty of the Transactions.

    1.5 These Terms and Conditions define legal relations between G2A.COM and Users (defined below).

    1.6 These Terms and Conditions do not cover the payment services, including initiating, transferring, and/or receiving payments in connection with Transactions made under Seller Stores. The payment services are provided by payment service providers on separate terms and conditions agreed between such payment service provider and a User.

    1.7 These Terms and Conditions do not determine any conditions for Transactions and contracts between Buyers and Sellers, including price, content, quality, safety, and legality of Items, warranty, and liability hereof.

    2. Definitions

    2.1 Account – means an account kept on the Platform for a User.

    2.2 Adjustments – mean any and all refunds, reversals, revokes, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the Seller and/or from G2A.COM as a result of the Seller’s breach of these Terms and Conditions, Regulations and/or any Intermediate Body Scheme Rules.

    2.3 Affiliate – means a corporation, partnership, or other entity that is controlling G2A.COM, is controlled by G2A.COM, and/or is under common control with G2A.COM. For purposes of this definition, “control” means ownership, directly or indirectly, of at least fifty percent (50%) of the voting rights in such entity (or, in the case of a non-corporate entity, equivalent rights).

    2.4 Buyer – means any natural and/or legal person buying an Item from a Seller offered at a Seller Store, or any natural and/or legal person buying G2A PLUS.

    2.5 Consumer – means any Buyer, who is a natural person and who acts in relation to G2A.COM for purposes, which are outside trade, business, craft, or profession.

    2.6 External Seller Store – has the meaning given to it in section 5.5.1 herein.

    2.7 Export Items to the External Seller Store – has the meaning given to it in section 5.5.1(a) herein.

    2.8 Fee – means fees, surcharges, expenses, interchange fees, similar fees and assessments as well as other amounts due to the Services provided by G2A.COM to a User, particularly fees and commissions from Sellers related to the Seller’s activity within the Seller Store, and fees related to G2A PLUS.

    2.9 G2A Balance – means a technical service in the scope of, among others, storing data that presents the records reflecting a User’s claim (in addition to the payment outside the Platform option), and G2A.COM’s obligation to pay such claim to the User if it is due and undisputed.

    2.10 G2A Materials - have the meaning given to it in section 11.1.1 herein.

    2.11 G2A.COM – means one (1) of the following companies that provide the Services according to these Terms and Conditions:

    2.11.1 G2A.COM Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, business registration number 63264201; or

    2.11.2 G2A LLC with its registered office in Las Vegas, address: 701 South Carson Street, Suite 200, Carson City, Nevada 89701, USA, entered into Nevada Registry Companies under no. E0627762014-7.

    2.12 Import Items from the External Seller Store – has the meaning given to it in section 5.5.1(b) herein.

    2.13 Intermediate Body - means an institution that participates in the transfer of payment between a Buyer and a Seller due to the Transaction, and between G2A.COM and a Buyer in case of G2A Plus, in particular banks, settlement agents, acquirers, entities operating payment systems, card organizations, electronic money institutions, payment service providers, or financial institutions.

    2.14 Intermediate Body Scheme Rules - mean all current and future bylaws, rules, regulations, interpretations, and other guidelines promulgated by any Intermediate Body from time to time.

    2.15 Indemnify - has the meaning given to it in section 12.4.1 herein.

    2.16 Indemnification - has the meaning given to it in section 12.4.1 herein.

    2.17 Indemnified Parties - have the meaning given to it in section 12.4.1 herein.

    2.18 Item - means an instrument in electronic form, especially game activation code, gift card, and other types of vouchers as well as accounts and activation vouchers for in-game items, offered by a Seller within his Seller Store and which entitles the holder of such instrument to receive the Product outside the Platform.

    2.19 Penalties - mean any fine and/or amount (including any associated costs) which may be levied on G2A.COM and/or the Seller by a court, government authority, Intermediate Body due to breaches by the Seller of these Terms and Conditions, Intermediate Body Scheme Rules, and/or Regulations.

    2.20 Products - mean goods and/or services to be supplied, and/or provided to the Item holder outside the Platform by a third party unrelated to G2A.COM.

    2.21 Privacy and Cookies Policy – means a set of rules regulating the processing of personal data and privacy protection policies implemented by G2A.COM and its Affiliates. Privacy and Cookies Policy are available at https://www.g2a.com/privacy-policy.

    2.22 Regulations - mean any applicable laws, statutes, statutory instruments, acts, regulations, orders, directives and guidelines issued by relevant government agencies, regulators, self-regulatory bodies, trade associations, or any other relevant trade and/or industry body rules applicable to a User.

    2.23 Sanctions - mean any financial, economic, or trade sanction or restrictive measures established, applied, imposed, or enforced by government authorities of the People's Republic of China, including Hong Kong, the European Union, the United Nations Security Council, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or the U.S. Department of State or any other competent authority.

    2.24 Seller – means an entrepreneur, operating in any form, including sole proprietorship, corporation, partnership, or other entity, who operates a Seller Store.

    2.25 Seller Store – means a dedicated separated space within the Platform with a unique name and unique address operated by a Seller for whom G2A.COM provides tools and functionalities to host, create, modify, and operate an online dedicated store within the Platform.

    2.26 Platform – means a group of affiliated websites made available on the Internet in the domain g2a.com and/or the mobile app where Seller Stores are available.

    2.27 Reflink - means a special website address generated by the specific functionality of the Platform, containing a unique identification of a User after clicking the Reflinked Person can see the Items offered on the Platform.

    2.28 Reflinked Person – means a User who clicked on the Reflink placed by the other User, and therefore has a valid cookie in their web browser due to the click on that Reflink.

    2.29 Services – mean services described in section 5.1 herein.

    2.30 Terms and Conditions – mean these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Platform and rights and obligations of Users and G2A.COM.

    2.31 Transaction – means a sale transaction executed between the Buyer and the Seller via the Seller Store under which the Buyer purchases an Item from the Seller.

    2.32 User – means the Seller, the Buyer and/or any third party uses the Services.

    3. APPLICABILITY

    3.1 These Terms and Conditions shall apply to relations between G2A.COM and the User.

    3.2 G2A.COM does not set terms and conditions between the Seller and the Buyer, including G2A.COM does not determine terms and conditions of the Transaction between the Seller and the Buyer.

    3.3 Buyer – determination of relevant G2A.COM company.

    3.3.1 Without prejudice to sections 3.3.3 (G2A Plus), 5.4 (Newsletter), and 5.10.8 (Goldmine) herein, depending on residence, headquarters, or place of habitual residence of the Buyer, the Buyer executes these Terms and Conditions with one of the following companies:

    (a) G2A LLC with its registered office in Las Vegas, address: 701 South Carson Street, Suite 200, Carson City, Nevada  89701, USA – in the case the Buyer has a residence, headquarters, or place of habitual residence in any of the following countries (territories): Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom; or

    (b) G2A.COM LIMITED with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong – in the case the Buyer has a residence, headquarters, or place of habitual residence in other countries (territories) than set forth in section (a) above.

    3.3.2 In the case of Services referred to in sections 5.4 (Newsletter), and 5.10.8 (Goldmine) herein, the Buyer executes these Terms and Conditions with G2A.COM Limited.

    3.3.3 In the case of G2A PLUS referred to in section 5.8, the Buyer executes these Terms and Conditions with one of the following companies, depending on the place of residence, headquarters, or place of habitual residence of the Buyer:

    (a) G2A LLC – in case the Buyer has a residence, headquarters, or place of habitual residence in Australia, Singapore, or the United Kingdom; or

    (b) G2A.COM Limited – in case the Buyer has a residence, headquarters, or place of habitual residence in other countries than set forth in section (a) above.

    3.4 Seller – determination of relevant G2A.COM company.

    3.4.1 Without prejudice to section 3.3.3 (G2A Plus), 5.4 (Newsletter), and5.10.8 (Goldmine) herein, depending on a residence, headquarters, or place of habitual residence of the Buyer with which the Seller executes the Transaction, the Seller executes these Terms and Conditions with one of the following companies:

    (a) G2A LLC with its registered office in Las Vegas, address: 701 South Carson Street, Suite 200, Carson City, Nevada  89701, USA – in the case the Buyer has a residence, headquarters, or place of habitual residence in any of the following countries (territories): Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom; or

    (b) G2A.COM LIMITED with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong – in the case the Buyer has a residence, headquarters, or place of habitual residence in other countries (territories) than set forth in section (a) above.

    3.5 Once the Service, in a given time, is provided either by G2A LLC or G2A.COM Limited, then these Terms and Conditions are applied between the User and the relevant G2A.COM entity that provides such Service. Under no circumstances G2A LLC and G2A.COM Limited shall bear joint and several liability for acts and omissions of the other company in connection with these Terms and Conditions. Each of these companies, i.e., G2A LLC and G2A.COM Limited, is responsible for its actions and omissions in connection with these Terms and Conditions.

    4. Platform, FORBIDDEN actionS, AND PLACEMENTS

    4.1 Technical requirement.

    4.1.1 The minimum technical requirements necessary to use the Platform are as follows:

    (a) access to e-mail;

    (b) electronic devices with Internet access;

    (c) web browser with support enabled Cookies and JavaScript.

    4.2 Forbidden actions.

    4.2.1 The User may not provide content to the Platform that:

    (a) causes work disturbance or overloads of G2A.COM online systems, including the Platform;

    (b) breaches Regulations and/or these Terms and Conditions;

    (c) violates third-party rights, including copyright, intellectual property rights, or personal rights;

    (d) is other unlawful content.

    4.2.2 The User acknowledges and accepts that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the User’s data by unauthorized persons as well as “infecting" the online system with various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses".

    4.3 Recommendation System of Items.

    4.3.1 The Platform enables a default sorting of Items offers, which adjusts the order in which they are placed taking into account the User’s behavior.

    4.3.2 The position of offers related to the Items offered under the Sellers Store within the recommendation system is based on mechanisms that consider the following factors:

    (a) in the search engine available on the Platform the position of the Item depends on the following factors:  

    (i) paid promotion of particular Seller's (Seller Store) offers which allows them to place their Items offers higher than the offers of other Sellers (Seller Stores); paid promotion of particular Seller's (Seller Store) offers enables G2A.COM to generate revenue and have the greatest impact on the position of the listed offer;

    (ii) data related to an Item offer – the number of Items purchased by Buyers in time intervals, relevancy score of the User’s query, availability of the Item, and Item’s regional parameters to its ability to be used by the relevant User; the Item’s release date; thanks to this, the offers are better suited to the User’s individual preferences; and

    (b) in the offering page related to the Item:

    (i) paid promotion of particular Seller's (Seller Store) offers which allows them to place their Items offers higher than the offers of other Sellers (Seller Stores); paid promotion of particular Seller's (Seller Store) offers enables G2A.COM to generate revenue and have the greatest impact on the position of the listed offer; and

    (ii) the price of the Item is the subject of the offer, the number and ratio of positive and negative opinions about the Seller (Seller Store), and the delivery method of the Item (instant or postponed); thanks to this, offers are delivered by Sellers with a good reputation who properly fulfill their obligations and on a lower price are higher listed than the offers of the other Sellers;

    (c) in the Selected Offer place:

    (i) the number of the Items offered by the Seller; the number and the ratio of positive and negative opinions about the Seller (Seller Store), and the Item’s regional parameters to its ability to be used by the relevant User; thanks to this, the offers are better suited to the User’s individual preferences;

    4.3.3 Within the Platform, in addition to the default sorting according to the criteria referred to above in sections 4.3.1 and 4.3.2, the User can choose the following types of sorting of Items offers, i.e.:

    (a) Price - from the lowest. It takes into account the price attached to the Item in the listing places by price in descending order; however, the paid offer is always at the top of the sorting;

    (b) Best rating. It takes into account the criteria in the following order: availability of the Item, the number and the ratio of positive and negative opinions about the Seller (Seller Store).

    5. Services provided by G2A.COM

    5.1 General Provisions.

    5.1.1 G2A.COM provides Users with the following electronic services:

    (a) Account,

    (b) Seller Store functionalities,

    (c) Advertising content and browsing functionalities,

    (d) Newsletter,

    (e) G2A API,

    (f) G2A Marketplace Rating System,

    (g) G2A PLUS,

    (h) G2A Discount program,

    (i) G2A Balance,

    (j) Goldmine.

    5.1.2 Services (or any other functionalities incorporated into the Platform) can be different in various countries or regions. No guarantee is given to the effect that a service or functionality of a certain type of Service will be available for all Users. G2A.COM may restrict, decline, or create another level of access relating to the Services (or any other functionality incorporated into the Platform) as required by Regulations.

    5.1.3 G2A.COM reserves the right to make temporary unavailability of access to the Platform, and Services, which may occur due to modernization works or technical problems. G2A.COM will use commercially reasonable efforts to make the Platform, and Services available with an uptime percentage of at least 80% during a yearly cycle. In the event of the occurrence of any critical issue in the Platform, and Services, G2A.COM will endeavor to remove a bug or provide a bug workaround (workaround does not mean a bug fixation but allows to use of key functionalities) within 1 (one) week hereof. The User acknowledges that from time to time G2A.COM may perform reasonable scheduled and emergency maintenance, and the Platform and Services may be unavailable during the times we are performing such maintenance.

    5.2 Account.

    5.2.1 Establishment of legal relationship with G2A.COM.

    The legal relationship between the User and G2A.COM enters into force immediately after:

    (a) the Seller successfully registers the Account on the Platform; or

    (b) the Buyer successfully registers the Account or agrees on these Terms and Conditions during the Transaction process if the Buyer uses the Platform without registration of the Account.

    5.2.2 Representation and warranties – the natural person (individual).

    (a) Each User who is a natural person (individual) hereby represents, warrants, and undertakes that:

    (i) they are at least eighteen (18) years old (or have reached another age which allows pursuant to relevant Regulations to execute legally binding agreements), have full capacity to assume and exercise the rights and obligations regulated in these Terms and Conditions;

    (ii) should the User act for and on behalf of a third party, they are authorized to assume and exercise the rights and obligations regulated in these Terms and Conditions for and on behalf of such third party; and

    (iii) they have and will maintain all necessary licenses, consents, and permissions necessary for the performance of their obligations under these Terms and Conditions (if required by applicable Regulations).

    5.2.3 Representation and warranties – legal person.

    (a) Each User who is a legal person hereby represents, warrants, and undertakes that:

    (i) is a corporation duly organized, validly existing, and in good standing under the laws of its seat, and has the power and authority to engage in the activities that are the subject of these Terms and Conditions, and is pursuing commercial goals;

    (ii) these Terms and Conditions constitute a legal, valid, and binding obligation in relation to the User, enforceable against the User in accordance with applicable Regulations;

    (iii) has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under these Terms and Conditions (if required by applicable Regulations); and

    (iv) may execute a legal relationship with G2A.COM in accordance with these Terms and Conditions, and the applicable Regulations, especially the country, state, or province where it has a residence, headquarters, or place of habitual residence does not prohibit it from using the services offered within the Platform.

    5.2.4 Registration and Account Use.

    (a) To set up an Account the User is obliged to fill in the registration form available on the Platform. Thereafter, G2A.COM will open an Account. To register the Account, the User may not use a disposable or temporary e-mail address.

    (b) The User hereby acknowledges and agrees that G2A.COM utilizes tools to detect the localization of computer network devices (and the connection) as regards the country from which the User’s activity on the Platform is performed. The User hereby agrees to confirm or make available specific data to confirm their place of residence, headquarters, or place of habitual residence.

    (c) The User is entitled to set up only one (1) Account unless G2A.COM decides otherwise.

    (d) The User is obliged to exercise reasonable care to ensure that up-to-date data, documents, and information provided during the registration process are always assigned to the Account.

    (e) The User may not share or make available access to the Account to a third party (this section does not apply to the Seller in terms of making their Account available to the persons entitled by the Seller to act on their behalf and use the Account; G2A.COM may request the Seller to provide a list of persons entitled to use the Account, which the Seller shall deliver within 7 (seven) calendar days from receipt of the notice in this respect).

    (f) The User is responsible for keeping the Account credentials, including username and password, strictly confidential. The User agrees to immediately notify G2A.COM of any unauthorized use of their Account.

    (g) If set out in the Account, the User may be permitted to invite users to the Platform, who will be permitted to access and use the Platform under their Account. Such a person will have permission to access certain features of the Platform and the User’s Account. The User will ensure that each such person complies with these Terms and Conditions. The User is responsible and liable for the acts or omissions of such person.

    5.2.5 Know-Your-Customer.

    (a) To register as a User, G2A.COM may require data, documents, and information from the User to pass a Know-Your-Customer process. Such data, documents, and information provided by the User must be true, accurate, valid, and complete.

    (b) The User shall immediately report all changes to the data, documents, and information provided to G2A.COM to keep them true, accurate, valid, and complete.

    (c) If a User has a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other forms of the corporate transaction) or closed or lost their right to act as an entrepreneur (if any), the User shall give notice to G2A.COM within (ten) 10 calendar days after the change of control.

    (d) Without any rights and legal remedies available to the person and/or entity, G2A.COM reserves the right to refuse any person and/or entity to register as a User and/or cease providing Services to them if:

    (i) such person and/or entity fails to provide the data, documents, and information requested by G2A.COM (also during periodically carrying out the Know-Your-Customer of Users);

    (ii) any person’s and/or entity's application violates Regulations, in particular AML/CFT policies and regulations, or there is a reasonable suspicion of a violation of the Regulations.

    (e) G2A.COM may also be obliged to periodically carry out the Know-Your-Customer process due to the applicable Regulations. In such a case, G2A.COM is entitled, and the User is obliged to provide information, data, and documents requested by G2A.COM.

    (f) Until the entire Know-Your-Customer process is completed, G2A.COM may prevent access, suspend, or limit the use of the Account by a User.

    5.2.6 Sanctions.

    (a) G2A.COM refuses to provide the Services to Users who have a residence, headquarters, or place of habitual residence on the list of countries and/or territories subject to Sanctions and/or to Users who are subject to Sanctions, or whose activities or relationships, whether directly or indirectly, may pose an increased risk of money laundering or terrorist financing.

    (b) The User represents and warrants that the User is not subject to Sanctions, is not a resident of the Sanctioned country and/or territory, does not use, whether directly or indirectly, the currencies of those Sanctioned countries and/or territories, or holds any financial instruments issued by those Sanctioned countries and/or territories.

    5.3 Seller Store Functionalities.

    5.3.1 G2A.COM provides various digital tools for Sellers to host, set up, and operate Seller Stores where the Items are offered, including a range of tools to build and customize the Seller Store, enable selling in multiple places (including the Seller Store and other online locations, e.g., External Seller Store), manage offerings, marketing, and advertising, and engage with existing and potential customers.

    5.3.2 The Seller may tailor the appearance of the Seller Store to suit their needs. G2A.COM may, at its absolute discretion, add or modify certain elements in the appearance of the Seller Store only in the event of a given element refers to G2A.COM and/or any of the elements being a part of the Seller Store violates these Terms and Conditions and/or applicable Regulations.

    5.3.3 The Seller is responsible for ensuring that Seller’s commercial information, including legal name, address, telephone number, e-mail, the trade (or similar public) register in which the trader is registered, and its registration number or equivalent, tax identification number, and any other information required by applicable Regulations is visible within the Seller Store area.

    5.3.4 Within the Seller Store functionalities, G2A.COM provides a Seller with the optional tax rates management tool. The tax rate information included in the tax rates management tool may differ from the information published by official public authorities. The Seller is obliged to check the correctness of the information with official equivalents published by the public authorities and determine the appropriate tax rate applicable to the Items offered within their Seller Store. G2A.COM strongly recommends seeking specialist advice in this respect. In particular, tax rates management tools available within the Seller’s Store should be used for ease of reference only and not as a substitute for independent tax advice.

    5.3.5 Based on the information provided by the Seller, G2A.COM provides exemplary, pre-prepared templates of descriptions of selected Item categories, which may be offered at the Seller Stores. Templates of the Items descriptions should be used for reference only and should not be recognized as an assessment of a specific Item. The Seller is obliged to provide true, accurate, valid, and complete information to prepare the Items descriptions, in compliance with real Items features, interoperability, and compatibility. G2A.COM assumes no responsibility for the compliance of the Items description with its content, in a situation when the Seller misinforms regarding the Item. The Seller hereby entitles G2A.COM to use the information defined here and provided by them free of charge, to prepare descriptions of Items being offered, including modifications, alterations, and translation of this content into other languages.

    5.4 Newsletter.

    5.4.1 When a User signs up for the Newsletter, G2A.COM Limited provides free of charge a newsletter service to selected Users that includes commercial information regarding the Platform, changes and news in its functionality as well as events related to the activity conducted by G2A.COM and/or its Affiliates.

    5.4.2 The newsletter is provided for an indefinite period upon subscribing to it. Each User may terminate the newsletter at any time by deactivating it in the Account or by clicking on the link in each email to cancel a subscription included in a newsletter message.

    5.4.3 G2A.COM Limited may terminate the newsletter at any time.

    5.4.4 The Newsletter shall be sent to the e-mail provided by a User upon signing up for the newsletter.

    5.5 G2A API.

    5.5.1 The Seller may implement the G2A API on its website located outside of the Platform (“External Seller Store”) to:

    (a) sell at the External Seller Store the Items acquired from the Seller Store (“Export Items to the External Seller Store”); and/or

    (b) sell at the Seller Store the Items acquired from the External Seller Store (“Import Items from the External Seller Store”).

    5.5.2 Export Items to the External Seller Store

    (a) The Export Items to the External Seller Store is done when G2A.COM receives confirmation from the payment provider (inter alia from bank and/or payment institution) that funds for sold Items are duly transferred by the External Seller Store to the Seller and/or G2A.COM.

    (b) Each time when Transaction under Export Items to the External Seller Store is done, the G2A Balance of the Seller who implemented the G2A API is to be immediately charged by the price for sold Items and other fees which shall be paid due to the Services provided. The Seller who implemented the G2A API on the External Seller Store is required to maintain an appropriate and adequate funds level on the G2A Balance to meet all external buyers' demands for Items offered on various External Seller Stores and to pay G2A.COM all and any due Fees. For the avoidance of doubt, G2A.COM is not responsible for the collection of any price and/or fee from an external buyer who purchased an Item under the Export Items to the External Seller Store (this obligation is on the Seller’s side).

    5.5.3 Import Items from the External Seller Store

    (a) In relation to Transactions carried out in the Import Items from the External Seller Store, the provisions of section 5.5.2 shall not apply.

    5.5.4 General rules relating to G2A API

    (a) Without prior G2A.COM consent, the number of transactions that may be executed under G2A API is limited in accordance with the following rules: https://www.g2a.com/integration-api/documentation/import/v3/ and https://www.g2a.com/integration-api/documentation/export/#api-Products-GetProducts. The G2A API may be implemented with the third-party application that allows the listing and offering of Items on the Seller Store directly from the third-party application panel.

    (b) By using G2A API the User accepts that G2A API is a constantly evolving service, and it causes G2A.COM to provide updates to the G2A API from time to time. Each Seller who uses the G2A API is obligated to instantly apply any updates released by G2A.COM. For the avoidance of doubt, G2A.COM shall not at any time be obliged to provide any modifications to the G2A API, including without limitation any updates, upgrades, and/or any new version of the G2A API.

    (c) G2A API cannot be used on portals with the status of a hosting provider (i.e., by entities providing a service consisting of storing information provided by the service recipient and at his request).

    5.6 G2A Marketplace Rating System.

    5.6.1 G2A Marketplace Rating System allows the Buyer to provide the Seller with opinions related to the Seller. Moreover, within this functionality, the Users may use a dispute management tool where they may resolve their problems concerning the Transaction.

    5.6.2 The Buyer who purchased the Item is allowed to post both positive and negative opinions. Opinions cannot be sponsored. The contractual relationship with the Seller should not affect the opinions. The opinions are verified whether the Buyer who posts an opinion purchased an Item from the Seller, to which the opinion regard.

    5.6.3 G2A Marketplace Rating System functionality allows a Buyer to give a Seller a positive or negative rating related to a completed Transaction within 120 (one hundred twenty) days of the purchase of an Item.

    5.6.4 If the Seller received a negative rating from the Buyer, the dispute management tool allows as follows:

    (a) start a dispute with the Buyer via the conversation module available in a Seller Store; under the foregoing dispute, the Seller may submit the request to the Buyer to:

    (i) provide the Seller with clarification of the negative rating, and/or

    (ii) request to its change (at the Buyer's discretion);

    (b) provide G2A.COM with information concerning the rating abuse incident made by the Buyer, provided, however, that the Seller had contacted and resolved the dispute with the Buyer.

    5.6.5 The dispute management tool allows for a one-time change of the negative rating granted by the Buyer to the Seller if the Seller resolves the Buyer’s problem with the purchased Item in one (1) of the following way:

    (a) provided the Buyer with a full refund for sold Item; or

    (b) provided the Buyer with the replaced Item of the same kind.

    5.6.6 If the Buyer accepts the refund or replaced Item, the tool allows the Buyer to change the Seller’s negative rating. If the Buyer does not respond within 7 (seven) days hereof, the dispute management tool marks the rating of the Seller as neutral.

    5.6.7 If the Seller provides the Buyer with a different Item, then the tool does not allow to change of the negative rating related to the Seller – in that case, the Buyer may grant the Seller the new rating.

    5.6.8 If the Buyer abuses these Terms and Conditions and/or any Regulations, G2A.COM may, at its absolute discretion, decline the rating related to the Seller granted by the Buyer.

    5.6.9 G2A.COM, to ensure compliance with Regulations and these Terms and Conditions, is entitled to verify and/or edit the opinion provided by the Buyer or Seller within the G2A Marketplace Rating System if:

    (a) it is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory, racist, unlawful, malicious, discriminatory;

    (b) impersonates any moderator, administrator staff, or other persons;

    (c) infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;

    (d) includes restricted and/or password-protected content or material;

    (e) tries to gain unauthorized access to any computer, servers, or any part of the Service including its servers, network, and computers;

    (f) tries to gain unauthorized access to any profiles, blogs, forums, communities, account information, bulletins, or other aspects of the Service;

    (g) the opinion provided by the Buyer, or the Seller violated the Regulations and/or these Terms and conditions in any other way.

    5.7 G2A PLUS.

    5.7.1 Benefits

    (a) The Buyer may purchase the subscription for G2A PLUS under which they may obtain in each month of subscription the following benefits:

    (i) One (1) game activation code for a video game that may be claimed by the Buyer starting, respectively, from the date when the G2A PLUS subscription has been paid by the Buyer and then on each anniversary of the month of subscription purchase for the duration of the subscription; the unclaimed game activation code within the aforesaid period is lost;

    (ii) Top Priority Support;

    (iii) discounts that are to be presented at g2a.com/plus;

    (iv) other benefits that are to be presented at g2a.com/plus.

    (b) The game activation code as mentioned in point (a)(i) above is assigned to the Buyer’s account on an external platform that offers a video game to download.

    (c) Discounts may be subject to limitations, including category, item, territory, and/or number of items that may be purchased with a discount in a month. The aforesaid limitations shall be always presented at g2a.com/plus.

    (d) G2A.COM declares and the User agrees that all the benefits under G2A PLUS may not be available in each month of subscription. The Buyer agrees that in some months of G2A PLUS subscription, they will be able to obtain only part of the benefits mentioned above, which will not affect the reduction and/or refund of the fee paid by the Buyer for the G2A PLUS subscription.

    (e) G2A.COM shall not be responsible for any items that the Buyer may receive from an external partner (this section shall not be applied to Top Priority Support) with the use of G2A PLUS unless the applicable law provides otherwise. The Buyer acknowledges and accepts that under G2A PLUS they may receive only access to benefits provided by an external partner, and G2A.COM is not a provider of items that can be purchased from the external partner on preferential conditions due to participation in G2A PLUS. Any responsibility related to a given benefit received by the Buyer within participation in G2A PLUS lies with the external partner who provides the Buyer with items unless the applicable law provides otherwise.

    5.7.2 The Buyer may purchase G2A PLUS for:

    (a) limited period - 1 (one), 3 (three), 6 (six), 12 (twelve) months, or

    (b) indefinite period – with a billing period of 1 (one) or 12 (twelve) months.

    5.7.3 Fee and payment for G2A PLUS.

    (a) The G2A PLUS subscription shall start once the Buyer paid for the subscription.

    (b) The price for G2A PLUS shall be paid, in advance, by a Buyer through a single payment or by means of a recurring payment method. The single payment may be used solely for G2A PLUS purchased for a limited time. The recurring payment method may be used solely for G2A PLUS purchased for an indefinite period.

    (c) If the Buyer purchased G2A PLUS for an indefinite period, then the G2A PLUS subscription Fee shall be billed each time in advance monthly, or yearly (depending on the billing period selected by the Buyer) from the Buyer’s recurring payment method selected by the Buyer during the purchasing process, unless and until the Buyer cancels it in the Account.

    (d) The benefits under G2A PLUS are to be provided to the Buyer who bought it with the use of a recurring payment method only when G2A.COM receives the price for it billed monthly or yearly.

    5.7.4 Suspension, and cancellation of G2A PLUS.

    (a) If the Buyer does not want to continue the subscription of G2A PLUS executed for an indefinite period, they may cancel it by unselecting the subscription in the Account at any time, however, the cancellation of the subscription does not assure the right to refund of any G2A PLUS subscription fee paid by the Buyer to G2A.COM before the date of receipt the cancellation notice by G2A.COM. Following any cancellation of G2A PLUS, the Buyer has access to G2A PLUS through the end of the Buyer’s current billing period.

    (b) G2A.COM reserves the right to suspend or cancel the Buyer’s G2A PLUS subscription at any time if:

    (i) the Buyer violates these Terms and Conditions, and/or Regulations;

    (ii) In relation to the next settlement period of the G2A PLUS subscription, if there are not enough funds in the Buyer’s bank account, virtual balance, or any other payment instrument selected by the Buyer during the purchasing process to charge a price for the next settlement period.

    5.7.5 Each Seller may take part in the G2A PLUS program and can additionally promote their Items under G2A PLUS as offers with additional discounts granted by the Seller within this program.

    5.7.6 Each Seller who wishes to not participate in the G2A PLUS program is entitled to resign from it at any time. To do so, the Seller must provide G2A.COM with their resignation in a written form delivered at the following address: G2A.COM Limited, address 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, China.

    5.7.7 The settlements between G2A.COM and the Seller due to the Seller’s participation in the G2A PLUS program are regulated separately between G2A.COM and the Seller.

    5.8 G2A Discount Program.

    5.8.1 Each Seller may take part in the G2A Discount program under which the Seller may make available to the Buyer discount code(s) that may be used to decrease the sale price of the Items offered within the Seller Store.

    5.8.2 To use the discount code under the G2A Discount program, the Buyer shall insert it in the dedicated place during the purchasing process on the Platform.

    5.8.3 Use of the discount code may be subject to the terms and conditions set by the Seller. For the avoidance of doubt, the Buyer who intends to use the discount code may be obliged to meet all criteria as stated in the discount offer of the Seller, which includes but is not limited to, minimum and/or maximum purchase requirements, category, Items, territory restrictions, discount reuse limitations, expiration date, the value of the discount, etc.

    5.8.4 In the event the Buyer violates these Terms and Conditions, Regulations, and/or the Buyer takes any actions to bypass or circumvent the provisions of this G2A Discount program, then the Seller may authorize G2A.COM to exclude such Buyer from the G2A Discount program offered by the given Seller, which means that the discount code possessed by such Buyer will be canceled and/or they will not be entitled to use any further discount code.

    5.8.5 The discount code offered by the Seller under the G2A Discount program is not refundable, redeemable for cash, and cannot be resold, exchanged, transferred, or monetized in any way by the Buyer unless the discount code offers or Regulations state otherwise.

    5.8.6 Each Seller who participates in the G2A Discount program authorizes G2A.COM to provide administration services and to administer marketing campaigns related to the G2A Discount program, including the provision of tools enabling sharing and use of discount code(s).

    5.8.7 Each Seller who wishes to not participate in the G2A Discount program is entitled to resign from it at any time. To do so, Seller must provide G2A.COM with their resignation in a written form delivered at the following address: G2A.COM Limited, address 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, China.

    5.9 G2A Balance.

    5.9.1 With the exception related to the use of the payment outside the Platform option, the Seller may receive funds acquired due to Transactions by withdrawing them from payment accounts maintained by a third party authorized by law.

    5.9.2 In the case of a Seller, the claim for payment of funds described on the G2A Balance for a given Transaction will be due (unlocked) within seven (7) to fourteen (14) calendar days from the date of the Transaction executed. The aforesaid claim that can be due will be each time reduced by the amount of due Fees and Adjustments and other sums that the Seller is obliged to pay under these Terms and Conditions.

    5.9.3 The User's commission obtained under Goldmine is available at the G2A Balance. The execution of the User's claim against G2A.COM Limited referred to as commission acquired under Goldmine is carried out in accordance with the G2A Balance provisions described in section 5.9. herein.

    5.9.4 In order to execute the claim for payment of funds described on the G2A Balance, the User is required to complete verification procedures or meet other requirements specific to a selected withdrawal method.

    5.9.5 Subject to other provisions of these Terms and Conditions, before the payment of the receivable due to the User under G2A Balance begins, it may be suspended by G2A.COM until the User provides it with data, documents or information required by G2A.COM in connection with the obligations arising from the Regulations, and after completing the verification, G2A.COM will pay the User the requested receivable within 7 (seven) calendar days from the moment when the User's data, documents and information are verified (verification should take place no later than within 7 (seven) calendar days from the date of their receipt.

    5.9.6 The claim for payment of funds described on the G2A Balance is not subject to interest.

    5.9.7 If the Seller is unable to return the funds to the Buyer via the same payment method that the Buyer used to pay for the Transaction, then the Seller may opt to use the G2A Balance tool and make such a refund to the G2A Balance assigned to the Buyer.

    5.9.8 G2A.COM may suspend the payout of funds from G2A Balance in the event of any of the following events or circumstances:

    (a) failure to provide information, data, and documents by the Seller requested by G2A.COM which are justified in connection with the execution of the payout, in particular the ones required under KYC verification;

    (b) the funds are acquired contrary to the Regulations, in particular in violation of the provisions regarding the money laundering and/or terrorist financing by the Seller;

    (c) receiving by G2A.COM and/or its Affiliates an order from a public authority to suspend and/or block payouts;

    (d) there is a reasonable suspicion that funds acquired under a given Transaction may originate from a crime and/or that may constitute a violation of the rights of third parties, in particular, intellectual property rights;

    (e) the Seller has caused damage to G2A.COM and/or its Affiliates or there is a reasonable probability that the Seller's actions and/or omissions may cause damage to G2A.COM and/or its Affiliates;

    (f) the User is in arrears with the payment of the Fee to G2A.COM.

    5.9.9 G2A.COM does not bear responsibility for any changes in the currency exchange rates that may take place during the payout being suspended for the reasons in question.

    5.10 Goldmine.

    5.10.1 Without prejudice to other parts of these Terms and Conditions, the User that participates in Goldmine may receive a commission, if all the following conditions specified below are met:

    (a) the Reflinked Person executed the Transaction with the Seller via the Reflink (in the case of G2A PLUS, its purchase must be executed via the landing page of G2A PLUS, i.e., g2a.com/plus) and paid the full price for them, together with all taxes, levies, fees (if applicable);

    (b) the Transaction set forth in section (a) above takes place within 24 (twenty-four) hours of clicking the Reflink by the Reflinked Person, and that Reflinked Person at the moment of commencing Transaction has valid cookies of that Reflink in the web browser through which they make a purchase an Item (the period of 24 (twenty-four) hours may be extended up to 30 (thirty) days by G2A.COM);

    (c) 11 (eleven) calendar days have elapsed from the date of delivery of a relevant Item to the Reflinked Person and G2A.COM has not been informed by the Seller that during this time the Reflinked Person submitted a complaint, requested for a refund, or withdrawn from the Transaction;

    (d) the commission generated as a result of the Transaction must be equal or exceed EUR 0.01 (the generated commission below such value is not granted to the User; for the avoidance of doubt, the commission is not calculated on the total value of the single Transaction, but the commission is calculated separately for each of the Items purchased);

    (e) the Item is not purchased on the Seller Store by the Reflinked Person who is a wholesaler;

    (f) the Transaction of an Item on the Seller Store by a Reflinked Person was completed (it does not have the 'processing' status or similar) within 120 calendar days from the date of its commencement;

    (g) the Item has not been purchased by the User who has valid cookies derived from other affiliate programs conducted by G2A.COM, its Affiliates, and/or by a third party on G2A.COM’s behalf (in particular Google Ads, Facebook Ads);

    (h) the User does not breach any of the provisions set forth in these Terms and Conditions, in particular the provision set forth in section 10.1.14;

    (i) the User does not purchase an Item on the Seller Store using the Reflink which has been created by them;

    (j) the User Account is not limited, closed, or blocked;

    (k) the Reflinked Person does not withdraw from the Transaction; and

    (l) the User is not subject to Sanctions, is not a resident of the Sanctioned country and/or territory, does not use the currencies of those Sanctioned countries and/or territories, or holds any financial instruments issued by those Sanctioned countries and/or territories.

    In case when all the conditions set out above are not met then G2A.COM may cancel the awarded commission, and if the commission has already been paid, then the User is obligated to immediately return it to G2A.COM.

    5.10.2 Information about the commission related to the given Item that the User may acquire under Goldmine shall be presented on the Platform. If that information is not presented there, then the Participant shall be entitled to receive the commission being the percentage value of the gross sold price of the Item purchased by the Reflinked Person:

    (a) for Items offered within Seller Store(s) - 5% of the gross sold price set by the Seller;

    (b) G2A PLUS subscription – EUR 1,00 in case of purchased monthly G2A PLUS subscription, and/or EUR 2,00 in case of purchased yearly G2A PLUS subscription, however, the commission is granted solely once for each type of G2A PLUS subscription purchased by each of the Reflinked Person, regardless of the number of subscriptions purchased.

    5.10.3 The User’s commission shall be rounded up or down, as appropriate, in accordance with generally accepted mathematics principles.

    5.10.4 In the event that the Reflinked Person purchases the Item in a currency other than EUR, then the price is converted into EUR, and the User’s commission is determined from the EUR price.

    5.10.5 THE USER IS OBLIGED TO WITHDRAW THE FUNDS ACCUMULATED UNDER THE GOLDMINE PROGRAM NO LATER THAN WITHIN 1 (ONE) YEAR FROM THE DATE OF THEIR ACQURING. IF THE USER FAILS TO COLLECT THE FUNDS WITHIN THE TIME LIMIT REFERRED TO IN THE PREVIOUS SENTENCE, THEN THE FUNDS ARE FORFEITED. THE USER WAIVES ANY CLAIM AGAINST G2A.COM FOR THE FORFEITURE OF THESE FUNDS.

    5.10.6 The User and Reflinked Person may not enter into collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of commissions from G2A.COM and/or engage in other activity that may generate a losses for G2A.COM and/or its Affiliates.

    5.10.7 By participating in the Goldmine program, the User acknowledges and agrees that she/he is or may be obligated to independently account for, pay, and/or report all taxes and other potential tax and similar charges imposed under relevant Regulations applicable to her/him in connection with participation in this program and receipt of commission(s).

    5.10.8 The Goldmine program is offered by G2A.COM Limited.

    6. G2A.COM’s role

    6.1 G2A.COM is legally obligated to ensure that the Service complies with these Terms and Conditions.

    6.2 G2A.COM IS NOT A SELLER OF THE ITEMS, UNLESS OTHERWISE EXPRESSLY STATED ON THE PLATFORM.

    6.3 Unless the law states otherwise, G2A.COM is not and shall not be liable for:

    6.3.1 the quality, safety, or legality of the Items sold, the ability of Sellers to sell, the solvency of Users, the truthfulness and reliability of information and other content provided by Users on the Platform; and

    6.3.2 for the behavior of Users or for improper performance or non-performance by them of Transaction, as well as for the consequences of actions taken by Users and third parties that constitute a violation of any Regulations.

    6.4 G2A.COM’s intervention.

    If the information about the Items provided by the Seller violates the Regulations or these Terms and Conditions, G2A.COM may:

    6.4.1 refuse to publish information about the Items; and

    6.4.2 remove the information and/or graphics referred to the Items (without any effect on the agreements executed between Users so far).

    6.5 EACH TRANSACTION CONCERNING THE SALE OF ITEMS VIA THE SELLER'S STORE IS EXECUTED BETWEEN THE BUYER AND THE SELLER. G2A.COM IS NOT A PARTY TO THE SALE CONTRACT OF ITEMS EXECUTED BETWEEN USERS AND DOES NOT GUARANTEE THAT THE SELLER AND THE BUYER ARE ENTITLED TO EXECUTE AND PERFORM THE SALE CONTRACT.

    6.6 The Seller as the operator of their Seller Store is solely responsible for all activities within their Seller Store, particularly in relation to the Buyer for:

    6.6.1 the Item, including its properties, quality, safety, and legality, non-compliance of the Item with the Transaction and its terms and conditions;

    6.6.2 the delivery of the Item to the Buyer;

    6.6.3 the provision of after-sales services related to the Item (if any);

    6.6.4 any third-party violation related to the Item, in particular, violation of third-party intellectual property rights;

    6.6.5 its solvency;

    6.6.6 truthfulness and reliability of information and other content related to the Items available on the Seller Store and offerings’ pages;

    6.6.7 respecting consumer rights.

    7. Transaction BEST PRACTICES

    7.1 Bearing in mind the G2A.COM business principles and care of the G2A.COM brand, the Seller using G2A.COM services to operate their Seller Store must follow all applicable guidelines established by the Regulations and should follow good practices aimed at ensuring the highest level of security of e-commerce transactions. Nevertheless, the above does not exclude the Seller's responsibility for operations, transactions, and activity performed within their Seller Store.

    7.2 Due diligence.

    7.2.1 G2A.COM pays utmost care to ensure that Transactions performed within Sellers Stores are completed without any technical problems.

    7.2.2 In some circumstances, where G2A.COM has been informed by a Seller that Items sold are mispriced, or a Buyer has been wrongly charged due to the Transaction (for example wrong exchange rates being applied) or occur any other technical fault or mistake, G2A.COM may, at its sole discretion, assist the Seller with canceling the Transaction and assist in return of the funds paid for such Transaction to the Buyer and adjusting the stock of Items offered within the Seller Store.

    7.3 Seller’s billing.

    7.3.1 The Seller may be obliged to document the Transaction with the respective bill or invoice as required by the applicable Regulations. Within the Seller Store functionalities, G2A.COM ensures the technical resources necessary to issue bills in the name and on behalf of the Seller who (without prejudice to section 7.3.5) hereby agrees to outsource to G2A.COM a task of issuing bills concerning Transactions made via the Seller Store. The Seller agrees to disclose and provide G2A.COM with all information required to issue a bill. The Seller agrees that the aforementioned information will be presented on:

    (a) the bill provided to the Buyer who purchased an Item from the Seller's Store; and

    (b) on the Seller Store subpage.

    7.3.2 G2A.COM shall issue a bill in the name and on behalf of the Seller. Such bills will be issued and delivered to a Buyer in a digital form. G2A.COM shall exercise due care when performing the issuance and delivery of a bill, however, G2A.COM does not guarantee territory-wide compliance with all Regulations concerning the issuance and delivery of a bill. The Seller's sole responsibility is to ensure that all bills are compliant with the Regulations.

    7.3.3 The Buyer may be entitled to request the Seller to issue and deliver an invoice relating to the Items purchased via the Seller Store. According to the applicable Regulations, the Seller may be obligated to issue and deliver the requested invoice. Issuance of invoices remains the sole responsibility of the Seller.

    7.3.4 In the case stipulated in section 7.3.3 above, the invoice may be delivered by the Seller to the Buyer by uploading it on a Seller Store or otherwise. The uploaded invoice shall be available to download by the Buyer within 31 (thirty-one) days from its upload at the Seller Store. If the Buyer does not receive the invoice within the aforesaid period, the invoice shall no longer be available for the Buyer. However, the Buyer may be entitled to provide the Seller with an invoice request again.

    7.3.5 The outsourcing of a documentation process described above to G2A.COM is optional for the Sellers having their place of residence, headquarters, or place of habitual residence in the province of Quebec. Each Seller who wishes to outsource a documentation process to G2A.COM shall inform G2A.COM by one (1) of the following: (a) internal conversation module, (b) by mail at support@g2a.com, or (c) by post at the relevant G2A.COM’s company address chosen in accordance with section 3.3.

    7.4 Pre-order.

    7.4.1 G2A.COM provides tools enabling Sellers to offer pre-order Items within their Seller Stores.

    7.4.2 Pre-order Items should be placed on the Seller Store on the day before the release date at 23:59 UCT.

    7.4.3 The Seller Store functionalities allow Sellers to offer pre-order Items at their Seller Store with a scheduled date of planned availability of this Item at their Seller Store and allow Buyers to pay for the Item on the order date, but the Item is to be sent to the Buyer on the date indicated by the Seller in the Seller Store.

    8. Service Fees

    8.1 The type and amount of Fees (if such are due) that G2A.COM charges from a specific User for the provision of the Service are set forth in the Table of fees and commissions, and sales prices related to the G2A PLUS are available on the Platform.

    8.2 Except for the performance of the Transaction with payment outside the Platform option, G2A.COM is entitled to deduct the due Fee from the Transaction amount paid by the Buyer to the Seller. All Fees due shall be paid by the User within 7 (seven) calendar days from the Transaction day.

    8.3 Unless stated otherwise herein, all Fees are exclusive of value-added tax and any other tax of similar nature (“VAT”), and any other taxes, charges, or levies applicable under any applicable law, now in force or enacted in the future, for which the Seller will be separately liable and no deductions for such taxes, charges or levies will be made from amounts due G2A.COM herein. G2A.COM may add the amount of VAT valid at the place of residence, headquarters, or place of habitual residence of the User if obliged by the Regulations e.g., if the Seller does not run a business activity, or failed to provide G2A.COM with data and documents confirming its business status. In the case described by the preceding sentence, the amount of the Fee collected by G2A.COM from such a Seller shall be understood as calculated without including the amount of VAT, and VAT shall be additionally added.

    8.4 The Fees for Services provided by G2A.COM may change, and G2A.COM reserves the right to temporarily suspend chosen Fees for promotional purposes or for the development of new services and such changes become effective once a temporary promotional period or new service is announced on the Platform.

    8.5 All Fees are denominated in EUR, USD, GBP, or PLN.

    8.6 The User is solely responsible for paying on-time Fees and taxes relating to the use of the Services. A Buyer and Seller are responsible for paying applicable taxes, fees, or other due amounts required in connection with the Transaction on their own, e.g., Sellers are responsible for all applicable taxes that arise from or as a result of their activity within their Seller Store. In any case, G2A.COM is not responsible for settling the above fees and taxes.

    8.7 All sums payable by the Seller to G2A.COM under these Terms and Conditions shall be without any deductions, setoffs, or withholdings whatsoever. In case of any deductions, setoffs, or withholdings that are required by Regulations, they shall be borne by the Seller and paid separately to the relevant tax or other authority. G2A.COM is entitled to charge and receive the full amount of Fees ignoring any such deduction, setoffs, or withholding that may be required.

    8.8 G2A.COM is not responsible for the delivery of Items offered by the Seller at a Seller Store and is not responsible for and does not authorize payments for Items delivered via the Seller Store.

    8.9 Sellers and Buyers may choose a payment method supported by the Platform that shall be applied to the Transaction. Additionally, the Seller can opt for payment outside option whereby the payment from the Buyer may be executed outside the Platform (if chosen by the Buyer). Use of the payment methods is regulated by the separate terms and conditions of the respective payment providers and G2A.COM shall not be liable against any User for any problems related to payments executed within any payment methods used. 

    8.10 G2A.COM Direct B.V. with its registered office in the Netherlands, James Wattstraat 77, 1097 DL Amsterdam, the Netherlands, registration under CCI number 89975561 is the company that provides payment support functions on the Platform. Specifically, support is provided in conjunction with the payment options available on the Platform such as technical support, customer services, or chargeback assistance depending on the payment method, unless the law provides otherwise.

    8.11 Whenever G2A.COM provides Services to any person who is considered to be an entrepreneur that person acknowledges and agrees to account for any VAT due via the applicable reverse charge mechanism (in particular in Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom). G2A.COM reserves the right to verify the status of the User to ensure compliance with Regulations, including applicable tax requirements. G2A.COM may request the User to submit specific data and/or documents confirming its status to perform its obligations under the Regulations and performed business controls.

    8.12 The Seller hereby acknowledges and agrees that G2A.COM acts in the name of the Seller and on behalf of the Seller by clearly identifying the Seller as the principal of the supply. Therefore, the Seller accepts G2A.COM as the disclosed agent within the meaning of articles 28 and 30b of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value-added tax.

    8.13 The User's actions whose purpose or effect is to avoid payments of Fee charged by G2A.COM are forbidden.

    8.14 G2A.COM charges interest at a rate equal to 1.5% per month, calculated daily and compounding monthly, on any such amounts unpaid by the User after the relevant due date in accordance with these Terms and Conditions, however, no more than the maximum interest rate provided for by the Reguations. The provisions of sections 8.3 and 8.7 shall apply respectively.

    9. The SELLERS’ obligations

    9.1 The Seller warrants, acknowledges, and undertakes that:

    9.1.1 has the full capacity and right to accept these Terms and Conditions, and assumes obligations imposed herein;

    9.1.2 Items offered on the Seller Store and data, documents, and information listed on the Seller Store are to be legally obtained, originate from legal sources, are to be free from any defects (both legal and physical), third-party claims (including they do not violate (a) any copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights);

    9.1.3 will not list and will not sell Items on a Seller Store which contain or may be used to receive, directly or indirectly: (i) pornographic contents or sexually-oriented materials, (ii) gambling, lottery, or betting materials, (iii) personal information, (iv) hazardous, restricted, regulated materials, (v) embargoed digital Products, (vi) currency, or (vii) any other illegal contents and services;

    9.1.4 will not engage in any activity detrimental to the good name and reputation of G2A.COM, which may harm the Platform or the other User;

    9.1.5 will not take any actions violating the Regulation, good practices, or rules of social conduct nor detrimental in any way to G2A.COM interests;

    9.1.6 will not use the Platform to resell Items that were acquired free of charge or with a discount connected with a charity event or supporting such an event;

    9.1.7 will not use a VPN connection unless it is necessary to run a registered business;

    9.1.8 as the operators of their Seller Stores, they are the Seller and supplier of the Items offered and this fact will be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill, or sales receipt;

    9.1.9 will be solely responsible for all applicable taxes and any similar charges that arise from or as a result of their activity performed within their Seller Stores, particularly paying VAT relating to the sale of the Items offered within the Seller Store, in compliance with the applicable laws, even in the cases whereby such responsibility may be presumptively transferred to G2A.COM;

    9.1.10 has all direct and indirect control over the authorization of both payment and delivery, which is fully vested in the Seller;

    9.1.11 will not infringe any Regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition, or fraudulent advertising) or promote any behavior that might infringe or violate any applicable laws or legal provisions;

    9.1.12 will not become involved in spamming or phishing (will not acquire information deceitfully).

    10. The USER'S obligations

    10.1 The User must not do or attempt to do anything unlawful, including directly or indirectly:

    10.1.1 reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services, or any proprietary technology, including the G2A APIs, JavaScript, mobile SDK, and other software, documentation or data related to the Services (the “Software”);

    10.1.2 modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly and in writing permitted by G2A.COM or authorized within the Services);

    10.1.3 use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party;

    10.1.4 sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish G2A API or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;

    10.1.5 remove any proprietary notices or labels;

    10.1.6 interfere with or disrupt the integrity or performance of any Service or third-party data contained therein;

    10.1.7 attempt to gain unauthorized access to the Services or its related systems or networks;

    10.1.8 use the Services to build a competitive product or service or to benchmark with any products or services offered by G2A.COM;

    10.1.9 constitutes a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

    10.1.10 tamper with or modify the Platform (including by transmitting viruses and using trojan horses);

    10.1.11 infringe the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party;

    10.1.12 use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Platform;

    10.1.13 facilitate or assist a third party to do any of the above acts;

    10.1.14 in relation to Goldmine:

    (a) creating, placing, or using any Reflink and/or keywords, search terms, or other identifiers (including title or meta description) which is identical to, pretend, or simulate G2A.COM’s ads (including such as the words “g2a”, or “g2a.com”, or any other trademark of G2A.COM or its affiliates) generated or displayed on a search engine, including Google, Yahoo, Bing, or any other search engine, sponsored advertising service or not, or other search or referral service, or any site that participates in such search engine’s network;

    (b) creating, placing, or using any method under which a given person is redirected to the Platform without his/her consent and/or taking any action in this regard, including when a redirection is performed for a person in an unaware manner, or Reflink is not properly formatted what cause that it cannot be correctly tracked or reported for G2A.COM;

    (c) hiding Reflink on the website, by placing in-frame scripts, using a redirect from the ad network or referral links;

    (d) placing on his/her site, displaying, or otherwise using special links or content in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person before being downloaded or installed on their computer or other electronic devices;

    (e) posting or serving any special links or other content promoting the Platform within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with the Seller Store promoting Items closely associated with the materials on the Seller Store;

    (f) causing that website to display Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, auto-surf, and click-exchange programs;

    (g) creating, placing, or using any Reflink on the website(s) corresponding or referring to public sexuality, pornography, erotic, pedophilia, or sexual deviation; (ii) obscene, indecent, or profane behavior, (iii) torturous, defamatory, slanderous, libelous event, (iv) promotes racism, hatred or harm against any individual, religious, political, age-specific, gender-specific, or other groups;

    (h) illegally attempt to obtain, or obtain, benefits of participation in Goldmine or resulting in unfair obtaining of funds during the contractual relationship between the User and G2A.COM;

    (i) send to other User or any third party unsolicited commercial communications (so-called spam) containing Reflink, and must - before placing a Reflink – read, verify, and obey the terms of any such sites where that Reflink is placed; the Reflink must be inserted by the User only in the visible place to users;

    (j) impersonate anyone or other entity whether existing or fictitious, falsely claim to be connected or have business relationships with any person or entity, or access the accounts of other Users or any third party;

    10.1.15 use, directly or indirectly, the Platform to commit or assist in the execution of crimes, fraud, or other violations of law.

    10.2 The User is obligated to provide G2A.COM with the justified requested information within 5 (five) calendar days as G2A.COM may request in connection with compliance with these Terms and Conditions by the User.

    11. Intellectual property Rights

    11.1 G2A Materials

    11.1.1 G2A.COM Limited and/or other entity shall retain, all rights, titles, and interest, including all intellectual property and proprietary rights, in and to G2A API, texts, graphic materials, interactive functions, logos, photographs, files, Software, services, information, video clips, sounds, files, databases, including, in each case, any and all derivatives thereof and any improvements or other modifications thereto on the Platform, and the G2A.COM name, and all trademarks, trade names, and logos of G2A.COM or any of its Affiliates, including any product names associated with the Services, except for those uploaded, transmitted, made available, or published by the User (“G2A Materials”). G2A Materials are protected by copyrights, trademarks, patents, industrial design rights, and other rights, including international conventions and property rights.

    11.1.2 G2A.COM grants the Users a personal, limited, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, without the right to modification license to access to use of the functionalities of the Platform.

    11.1.3 It is forbidden to retrieve the Platform content systematically to create or compile, either directly or indirectly, a collection, compilation, database, and catalog (by using robots, search engines, automatic or manual devices) without permission of G2A.COM Limited. The use of any content or materials available from the Platform for purposes not specified in these Terms and Conditions is forbidden.

    11.2 Hyperlinks

    G2A.COM may provide the User 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 third-party websites. G2A.COM has no control of the websites owned by other providers, nor does G2A.COM monitor such websites or is liable to Users for such websites, their content, or the products or services that are available from such websites, unless the law provides otherwise.

    11.3 User’s Materials

    By posting or publishing content and materials on the Seller Store by the User or by distributing them in any other way to G2A.COM or its Affiliates, the User grants G2A.COM and its Affiliates a non-exclusive, transferable, sub-licensable, royalty-free, free of charge and worldwide license to present, host, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, use it in any way and for any purpose whatsoever that might be beneficial to the operation of G2A.COM and its Affiliates, currently or in the future, in any place. The User acknowledges and warrants that they have sufficient means and rights to ensure such a license.

    12. DISCLAIMER, LIABILITY, AND INDEMNIFICATION

    12.1 General rules relating to disclaimer, liability, and indemnification.

    12.1.1 The terms set out in this entire section 12 shall apply to the fullest extent permitted by law. If the law applicable to the User prevents and/or excludes the application of disclaimer, limitations, and/or exclusions of liability, indemnities, or other legal institutions with a similar purpose or effect, as described in this entire section 12, then they do not apply to the legal relationship between G2A.COM and that User.

    12.1.2 ALL PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION CONCERNING THE CLAIMS.

    12.2 DISCLAIMER.

    12.2.1 G2A.COM AND ITS AFFILIATES PROVIDE THE SERVICES AND THE PLATFORM “AS IS”, AND “IF AVAILABLE”. G2A.COM AND ITS AFFILIATES DO NOT PROVIDE ANY WARRANTY OF ANY KIND THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR OR THAT ANY SOFTWARE PROVIDED HEREUNDER WILL OPERATE WITHOUT ERROR. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, EXPRESS AND IMPLIED WARRANTIES AND STATUTORY GUARANTEES WITH RESPECT TO ITS PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE SERVICES, PLATFORM, INCLUDING AS RELATED TO AVAILABILITY, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

    12.2.2 TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES HEREBY EXPRESSLY DECLINE ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, FUNCTIONING, RELIABILITY, MERCHANTABILITY, OR SUITABILITY FOR ANY SPECIFIC PURPOSE OF THE ITEMS SOLD BY THE SELLERS.

    12.2.3 TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE AND LIABLE IN RELATION TO:

    (a) ANY DAMAGES RESULTING FROM THE USE OF THE PLATFORM, ACCESSING IT, OR THE INABILITY TO USE THE PLATFORM BY THE USER DUE TO REASONS BEYOND G2A.COM CONTROL;

    (b) ANY DAMAGES RELATED TO VIRUSES, TROJAN HORSES ETC. WHICH MAY BE TRANSFERRED TO THE PLATFORM OR THROUGH THE PLATFORM BY THIRD PARTIES;

    (c) IMPLICATIONS OF ANY ACCESS DATA OR PRIVATE INFORMATION BEING ACCESSED BY ANY THIRD PARTY IN AN UNAUTHORIZED MANNER, IF IT OCCURS DUE TO REASONS RELATED TO THE USER, IN PARTICULAR BY REASON OF THE USER MAKING THEIR PASSWORD AVAILABLE TO A THIRD PARTY;

    (d) ANY ACTIONS TAKEN BY G2A.COM IN RELATION TO THE USER LINKED TO ANY INFRINGEMENT OF THE REGULATION AND/OR THESE TERMS AND CONDITIONS BY THE USER, PARTICULARLY SUCH AS ACCOUNT RESTRICTION, SUSPENSION, OR BLOCK ACCESS TO THE PLATFORM, INCLUDING ACCOUNT;

    (e) ANY HARM, DAMAGES, CLAIMS, COMPENSATION, NON-PECUNIARY DAMAGES, PHYSICAL AND LEGAL DEFECTS OF ITEMS SOLD THROUGH THE SELLER STORE BY SELLERS;

    (f) PAYMENT OF ANY TAXES, CHARGES, OR ANY SIMILAR FEES RELATED TO THE OPERATIONS OF THE SELLER STORE THAT SHALL BE EXECUTED BY THE SELLER;

    (g) ANY CLAIM THAT ARISES OUT OF OR RESULTS FROM USER’S USE, ALTERATION OR MODIFICATION OF THE SERVICES, G2A API OTHER THAN AS PERMITTED IN THESE TERMS AND CONDITIONS; OR USER’S FAILURE TO IMPLEMENT ANY MODIFICATIONS, UPGRADES, REPLACEMENTS, OR ENHANCEMENTS TO THE G2A API MADE AVAILABLE TO THE USER;

    12.3 LIMITATIONS ON LIABILITY.

    12.3.1 INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO THE USER IN RELATION TO THESE TERMS AND CONDITIONS OR THE SERVICES DURING AND AFTER THE TERM (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ON OTHER LEGAL OR EQUITABLE GROUNDS) FOR ANY LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES, EVEN IF THESE LOSSES, DAMAGES, OR COSTS ARE FORESEEABLE, AND WHETHER OR NOT THE USER HAS BEEN ADVISED OF THEIR POSSIBILITY.

    12.3.2 GENERAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO THE USER IN RELATION TO THESE TERMS AND CONDITIONS AND/OR THE SERVICES DURING AND AFTER THE TERM (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ON OTHER LEGAL OR EQUITABLE GROUNDS) FOR LOSSES, DAMAGES, OR COSTS EXCEEDING $500 (FIVE HUNDRED AMERICAN DOLLARS).

    12.4 INDEMNIFICATION – THE SELLER.

    12.4.1 THE SELLER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND (COLLECTIVELY “INDEMNIFY” AND “INDEMNIFICATION”) G2A.COM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS AND AFFILIATES (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS), AS WELL AS ADJUSTMENTS, WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO (I) ANY BREACH OF ANY REPRESENTATION OR WARRANTY OF THE SELLER CONTAINED IN THESE TERMS AND CONDITIONS, (II) ANY BREACH OR VIOLATION OF ANY COVENANT OR OTHER OBLIGATION OR DUTY OF THE USER UNDER THESE TERMS AND CONDITIONS, UNDER REGULATION, OR UNDER INTERMEDIATE BODY SCHEME RULES, (III) ANY ALLEGED BREACH AND/OR VIOLATION BY THE SELLER OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, (IV) FAILURE OR IMPROPER PERFORMANCE OF THE OBLIGATION RELATED TO ISSUANCE AND DELIVERY OF A BILL AND/OR INVOICE TO THE BUYER, (V) ANY CLAIM RELATED TO THE TRANSACTION EXECUTED BY THE SELLER IN EACH CASE WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF G2A.COM OR ANY OTHER INDEMNIFIED PARTY AND WHETHER OR NOT THE RELEVANT CLAIM HAS MERIT.

    12.4.2 THE SELLER SHALL INFORM G2A.COM IN WRITING OF ANY CLAIM, DEMAND, OR SUIT CONCERNING THE ACTIVITIES CARRIED OUT BY THE PROVIDER ON THE PLATFORM AND SHALL FULLY COOPERATE IN THE DEFENSE OF THE INDEMINIFED PARTIES. G2A.COM WILL NOT AGREE TO THE SETTLEMENT OF ANY SUCH CLAIM, DEMAND, OR SUIT PRIOR TO THE FINAL JUDGMENT THEREON WITHOUT THE CONSENT OF G2A.COM WHOSE CONSENT MAY BE WITHHELD AT G2A.COM SOLE AND ENTIRE DISCRETION.

    12.4.3 WITHOUT PREJUDICE TO ANY RIGHTS AND REMEDIES OF G2A.COM, IF ANY INTERMEDIATE BODY CHARGES G2A.COM AND/OR ITS AFFILIATES FOR ANY ADJUSTMENT DUE TO A SELLER’S ACT AND/OR OMISSION, INCLUDING AS A RESULT OF LISTED ITEMS AT THE SELLER STORE THAT BREACH OF THE INTERMEDIATE BODY SCHEME RULES, THE SELLER SHALL REPAY ALL SUCH ADJUSTMENTS TO G2A.COM.

    12.4.4 UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, G2A.COM IS ENTITLED TO MAKE, AT ITS ABSOLUTE DISCRETION, ANY SET-OFF FROM FUNDS ACCUMULATED BY THE SELLER ON THE G2A BALANCE RELATED TO ANY FEES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS), AS WELL AS ADJUSTMENTS.

    12.4.5 THE SELLER ACKNOWLEDGES AND AGREES THAT DURING THESE TERMS AND CONDITIONS AND AFTER THEIR TERMINATION OR EXPIRATION FOR ANY REASON WHATSOEVER, THE SELLER SHALL CONTINUE TO BEAR LIABILITY FOR ALL ADJUSTMENTS AND INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS AND CONDITIONS AND ALL OTHER AMOUNTS DUE OR WHICH MAY BECOME DUE UNDER THESE TERMS AND CONDITIONS. THIS SELLER’S LIABILITY IS NOT SUBJECT TO ANY LIMITATION OF LIABILITY THAT MAY BE EXPRESSED ELSEWHERE IN THESE TERMS AND CONDITIONS.

    13. notice and takedown procedure

    13.1 Any person and/or entity whose rights have been violated by the data uploaded (stored, transmitted, etc.) on the Platform may notify G2A.COM Limited via:

    13.1.1 e-mail: support@g2a.com or via registered mail to the address set forth in section 2.11.1, and/or

    13.1.2 internal conversation module.

    13.2 Each notification should indicate the following data, information and documents:

    13.2.1 the exact location of the data;

    13.2.2 circumstances and evidence proving the legal title to bring an action in terms of the violated right that he or she is the person entitled to the data found on the Seller Store and that the Seller has no right to them;

    13.2.3 personal data of the complainant, in particular, the name, surname, business name, registered seat address or residence address, and e-mail address.

    13.3 Following the receipt of a credible notification specified above, G2A.COM shall immediately block access to the data indicated in the notification and – as far as possible – it will notify the Seller responsible for uploading the data through their Seller Store, that such notification and claim by a third party has been submitted.

    13.4 The Seller who has received notification mentioned in section 13.3 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 Items.

    13.5 The Seller who notified G2A.COM of the violation of their rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Platform was settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:

    13.5.1 uploaded back to the Platform without amendments;

    13.5.2 uploaded back to the Platform, amended in accordance with the changes agreed by the parties;

    13.5.3 permanently removed from the Platform.

    Any agreements between the parties allowing for the data to be uploaded back to the Platform shall be made in writing, signed by the authorized persons, and sent as an original via registered mail to the address set forth in section 2.11.1.

    13.6 Where:

    13.6.1 it is not possible to determine whether the Seller is responsible for the publication of third party's data or their distribution on the Platform etc.;

    13.6.2 the Seller does not submit any reply to the notification of the third party's claim within 7 (seven) calendar days from its receipt from G2A.COM to the Seller's e-mail address or does not submit any evidence of having rights to publish, distribute the data, etc. within that period

    such data will be permanently removed from the Platform.

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

    13.8 G2A.COM reserves the right to, at its own initiative, remove specific data from the Platform or prohibit transmitting, posting, or storing, etc. if they are illegal or unlawful.

    13.9 G2A.COM can prevent adding certain data or offering certain items within the Platform by the Sellers’ Stores if G2A.COM disposes of reliable information that such actions are against the Regulations, these Terms and Conditions, or statements given by the Seller.

    14. conversation module

    14.1 G2A.COM provides a conversation module – a tool and feature providing an additional channel of communication between Sellers and Buyers available within the Seller Store.

    14.2 Every Seller is obligated to:

    14.2.1 observe the rules of due diligence in the conversations, i.e. respond in the conversations and not postpone the resolution of the reported issues beyond actual investigation time;

    14.2.2 use the conversations module in good faith, i.e. the Seller actively trying to resolve the issues reported by the Buyer;

    14.2.3 not post, promote, or transmit any unlawful, false, harassing, libelous, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature via the conversation module;

    14.2.4 not mark G2A.COM as the party responsible for resolving post-sales issues, other than in the case of malfunction of the provision of the Services which is G2A.COM's responsibility under these Terms and Conditions.

    15. Complaints Procedure related to the SERVICES offered by g2a.com; internal complaint handling system

    15.1 User’s complaint.

    15.1.1 The User may submit a complaint to G2A.COM related to the Services. G2A.COM ensures the functioning of an internal complaint handling system. The User should include in the complaint, their name and surname, e-mail address (or other correspondence address), the subject of the complaint, and the reason for the complaint. The complaint will be considered immediately, however, not later than within 14 (fourteen) calendar days of its receipt. The User will be informed about the method and result of the complaint consideration via the correspondence address or e-mail. The costs of using the said means of distance communication by the User are borne by the User and they are calculated according to the rates of the telecommunications operator whose services the User uses.

    15.1.2 The complaints shall be submitted by the User by sending them via one (1) of the following way:

    (a) support@g2a.com, or

    (b) on the relevant G2A.COM’s company address chosen in accordance with section 3.3.,

    (c) G2A PL sp. z o.o., address: 53 Emilii Plater street, 00-113 Warsaw, Poland;

    (d) internal conversation module.

    15.1.3 G2A.COM may attempt to amicably settle a dispute with a User running a business using the Platform to offer Items to consumers, through an independent mediator, after G2A.COM has previously consented to mediation. If the User addresses G2A.COM with a mediation proposal and G2A.COM accepts this proposal, the mediation will be conducted by a mediator from HG-nus Mediation in the Netherlands in accordance with the mediation regulations applied by it (more information the User can find here). G2A.COM will bear a reasonable part of the total mediation costs, which will be agreed upon each time by the parties. However, before initiating such mediation proceedings, G2A.COM encourages Seller to clarify their concerns with G2A.COM’s customer service.

    16. Legal representative in the European Union

    16.1 G2A.COM Limited and G2A LLC hereby designate G2A.COM Direct B.V. with its registered office in Amsterdam, James Wattstraat 77 A 3, 1097 DL Amsterdam, the Netherlands, CCI number 8997556, RISIN 865170769 as a legal representative in the European Union in accordance with art. 13 of the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC.

    16.2 G2A.COM Limited and G2A LLC hereby designate G2A.COM Direct B.V. with its registered office in Amsterdam, James Wattstraat 77 A 3, 1097 DL Amsterdam, the Netherlands, CCI number 8997556, RSIN 865170769 for the purpose of being addressed (in addition to or instead of G2A.COM Limited and G2A LLC) by the Member States’ competent authorities, the Commission and the Board, on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC.

    16.3 G2A.COM Direct B.V. does not assume responsibility for any acts or omissions of G2A.COM Limited or G2A LLC under these Terms and Conditions. G2A.COM Direct B.V. bears responsibility solely in accordance with the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC.

    17. Termination, suspension, AND restriction

    17.1 These Terms and Conditions are executed for an unspecified period.

    17.2 Without prejudice to other provisions of these Terms and Conditions and the rights and remedies granted by Regulations, G2A.COM is entitled to:

    17.2.1 immediately restrict providing all or selected Services to the User when at least one of the following circumstances or events occurs:

    (a) if there is a reasonable suspicion that the provision of the Service may cause damage to G2A.COM or its Affiliates, and/or to other Users;

    (b) the User breaches any provision of these Terms and Conditions;

    (c) the User breaches any third parties rights, in particular intellectual property rights, in relation to the use of the Platform;

    (d) the User breaches any provision of the applicable law in relation to the use of the Platform;

    (e) the User’s Account has been taken over by a third party, and/or the Account’s credentials leaked to a third party;

    (f) the User whose Account was previously suspended and/or terminated has created the new Account;

    17.2.2 immediately suspend providing all or selected Services to the User when at least one of the following circumstances or events occurs:

    (a) if there is a reasonable suspicion that the provision of the Service may cause damage to G2A.COM or its Affiliates, and/or to other Users;

    (b) the User breaches any provision of these Terms and Conditions;

    (c) the User breaches any third parties rights, in particular intellectual property rights, in relation to the use of the Platform;

    (d) the User breaches any provision of the applicable law in relation to the use of the Platform;

    (e) the User’s Account has been taken over by a third party and/or the Account’s credentials leaked to a third party;

    (f) the User whose Account was previously suspended and/or terminated has created the new Account;

    (g) in the case of the Seller – the Seller has not paid the financial receivable related to their activity within the Seller Store, including resulting from Fees, Adjustments;

    17.2.3 terminate with at least 30 (thirty) calendar days notice period the agreement governed by these Terms and Conditions when at least one of the following circumstances or events occurs:

    (a) obtaining by G2A.COM a court order or authority decision requiring to termination of the agreement governed by these Terms and Conditions with the User;

    (b) the User breaches any provision of these Terms and Conditions;

    (c) the User breaches any third parties rights, in particular intellectual property rights, in relation to the use of the Platform;

    the User breaches any provision of the applicable law in relation to the use of the Platform;

    (d) in the case of the Seller – the Seller has not paid the financial receivable related to their activity within the Seller Store, including resulting from Fees, and Adjustments.

    17.3 Where G2A.COM decides to restrict or suspend the Services to the Seller, it shall provide the Seller concerned, prior to or at the time of the restriction, suspension, or termination taking effect, with a statement of reasons for that decision on a durable medium.

    17.4 Where G2A.COM decides to terminate the provision of the whole or any part of these Terms and Conditions to a User, it shall provide the User concerned, at least 30 (thirty) days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium. The notice period set forth above shall not apply where G2A.COM:

    17.4.1 is subject to a legal or regulatory obligation that requires it to terminate the provision of the whole of its Services to a User in a manner that does not allow to respect that notice period;

    17.4.2 exercises a right of termination under an imperative reason pursuant to national law;

    17.4.3 can demonstrate that the User concerned has repeatedly infringed these Terms and Conditions, resulting in the termination of the provision of the whole of the Services.

    17.5 In the case of suspension, restriction of the Services or termination of these Terms and Conditions, G2A.COM shall allow the User to clarify the facts and circumstances in the framework of the internal complaint handling process referred to in this section. The User may clarify any of the facts and circumstances set forth above in accordance with section 15 of these Terms and Conditions. Where the suspension, restriction, or termination is revoked by G2A.COM, it shall reinstate the Services to the User without undue delay, including providing the User with any access to personal or other data, or both, that resulted from its use of the relevant electronic services prior to the suspension or termination has taken effect.

    17.6 The User has the right to terminate these Terms and Conditions at any time for any reason by providing G2A.COM with a termination via support@g2a.com or making it through the removal of their Account at the administration panel. Upon termination of these Terms and Conditions with the Seller, their Seller Store will be taken offline.

    17.7 Upon termination of these Terms and Conditions:

    17.7.1 G2A.COM will immediately cease providing the Services or prevent the User from using the Services;

    17.7.2 The User is obligated to pay all Fees for all Services provided prior to termination, and all other amounts due and payable under this Agreement if such Fees and/or other amounts have not already been paid;

    17.7.3 upon request, the User must destroy or return the confidential information of G2A.COM, except for any confidential information required to be maintained by law;

    17.7.4 termination of these Terms and Conditions will not affect any rights or liabilities that a Party has accrued unde the Regulations;

    17.7.5 the User cannot create another Account on the Platform without G2A.COM’s prior consent.

    18. Withdrawal

    18.1 This entire clause 18 shall apply solely to the Consumer that has a place of residence, or place of habitual residence within the European Union.

    18.2 The Consumer has the right to withdraw from these Terms and Conditions executed with G2A.COM within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of creation of the Account.

    18.3 To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the Consumer withdraws from these Terms and Conditions G2A.COM shall reimburse him/her all payments received from his/her, without undue delay and in any event not later than 14 (fourteen) days from the day on which G2A.COM is informed about the decision to withdraw from these Terms and Conditions. G2A.COM will carry out such reimbursement using the same means of payment as the Consumer used unless the Consumer has expressly agreed otherwise; in any event, the Consumer, will not incur any fees as a result of such reimbursement.

    18.4 In order to withdraw from these Terms and Conditions, the Consumer may send a statement of withdrawal, for example (i) via the contact form on the Platform by creating a ticket in the G2A Support Center, (ii) in writing to G2A.COM Limited’ company address inidcated in section 3.3, or (iii) via e-mail mail at the following address: support@g2a.com.  

    18.5 In the statement of withdrawal from these Terms and Conditions, the Consumer should enter (i) name and surname, (ii) email address, and (iii) postal address, if available. G2A.COM shall immediately confirm to the Consumer the receipt of the withdrawal from these Terms and Conditions in feedback to him/her on a durable medium, including via e-mail.

    18.6 The Consumer may use the attached model withdrawal form available at the end of these Terms and Conditions, but it is not obligatory.

    19. Access to the data

    19.1 G2A.COM has access to the following categories of User data: data about Items, in particular including the content of the Items offer; data identifying the Buyer as part of the Transaction; data about the Transaction (in particular payment method, e-mail address, and may also have access to the content of messages sent between the Buyer and the Seller, including as part of discussions and disputes); data identifying the Seller; data regarding the amount of payment executed by the Buyer during the Transactions. G2A.COM may transfer such data to a third party in accordance with the Privacy and Cookies Policy. G2A.COM has the above-mentioned data in relation to all offers listed on the Sellers Stores and Transactions has the above-mentioned data categories in relation to all offers listed on the Sellers Stores.

    19.2 The User does not have access to all data available to G2A.COM. The User has free access via the Platform to data regarding the activities performed by him within the Platform, in particular regarding the sales conducted via the Platform, including, among others: turnover value, completed orders; canceled orders for the duration of Account on the Platform; data identifying the Seller; data identifying the Buyer as part of the Transaction.

    19.3 Statistical data regarding sales on the Platform are stored by G2A.COM also after the termination of these Terms and Conditions with the User. G2A.COM does not provide paid access to the statistics of the Platform.

    19.4 The Seller does not have access to the information provided or generated by the Seller after the termination of the terminate these Terms and Conditions with G2A.COM.

    19.5 The Seller has access to Transaction history performed within the Seller Store dating back at least 1 (one) year from the current day.

    19.6 The Buyer has access to Transaction history dating back 3 (three) years from the current day.

    20. Force MAJEURE

    20.1 G2A.COM will not be in default or otherwise liable for any failure of its performance under these Terms and Conditions to the extent that failure arises because of any cause or circumstances beyond the reasonable control of G2A.COM, including but not limited to the reason of an act of God, the elements, adverse weather conditions, fire, fold, riots, strikes, accident, war, government requirements or any action of the government in its sovereignty capacity, act of civil or military authority, action or inaction of a supplier or other third party, fiber or cable cut, subsea fiber damage, inability to secure materials, labor or transportation, epidemic or catastrophe

    21. CONFIDENTIALITY and Privacy Policy

    21.1 Confidentiality.

    21.1.1 During the term of these Terms and Conditions and for 5 (five) years from the date of its termination, the User is obliged not to disclose to third parties any data, documents, and information that the User has received from G2A.COM or which the User received access in connection with the Services provided or the use of the Platform.

    21.1.2 G2A.COM is entitled to share data, documents, and information about the User when it is a consequence of applicable legal or regulatory provisions or at the request of a competent judicial or other public authority. This applies in particular to anti-money laundering and terrorist financing regulations.

    21.1.3 It is forbidden to use the information referred to in section 21.1.1, for commercial purposes consisting of promoting the User's activity outside the Platform in any form. In particular, it is prohibited to making proposals to buy or sell the item outside the Platform.

    21.2 Personal data.

    21.2.1 Personal data of the Users are processed by G2A.COM in accordance with applicable law and in accordance with the Privacy and Cookies Policy.

    22. Amendments

    22.1 G2A.COM reserves the right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular:

    22.1.1 changes in generally applicable regulations, if as a result of this change, G2A.COM is legally obliged to change these Terms and Conditions;

    22.1.2 a court judgment or an administrative decision, if the Terms and Conditions contain provisions similar to those reviewed by a court or authority, which require changes to these Terms and Conditions due to the content of the judgment or decision;

    22.1.3 recommendations issued by the supervisory body over the activities of G2A.COM or offices or courts' interpretation of regulations, if they concern the matter covered by these Terms and Conditions and as a result of their issuance there will be a need to amend these Terms and Conditions, the purpose of which is to adapt the content of these Terms and Conditions to the issued recommendation or official or court interpretation regulations;

    22.1.4 in order to ensure the proper functioning of the Platform;

    22.1.5 in order to introduce new products or services offered by G2A.COM or to highlight new categories;

    22.1.6 in order to modify and/or add the functionality of products, services, or service delivery methods due to technological requirements;

    22.1.7 in order to ensure the safety and security of Users;

    22.1.8 changes in the amount of Fees charged by G2A.COM;

    22.1.9 in order to prevent abuse or crime by Users;

    22.1.10 the need to correct obvious mistakes or typographical errors or to fill gaps or inaccuracies in these Terms and Conditions (which changes in these Terms and Conditions will not affect the rights and obligations of the User);

    22.1.11 changes in the G2A.COM’s offer regarding the scope, functionality of Services or Platform, the process of establishing relations with G2A.COM or concluding product agreements (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the Customer);

    22.1.12 introduction of new sales channels (which changes to these Terms and Conditions, however, will not affect the rights and obligations of the User);

    22.1.13 changes in the marketing names of products and services (which changes in these Terms and Conditions, however, will not affect the rights and obligations of the User);

    22.1.14 changes in the names of titles, subtitles, and chapters (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the User);

    22.1.15 withdrawal of products or services from the offer (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the User).

    22.2 In this case, G2A.COM shall inform Users of the changes, by sending them a copy of the amendments (for example via e-mail and/or in the Account) and a revised version of the Terms and Conditions, no later than fifteen (15) days prior to entry into force to the planned amendments. G2A.COM may grant a longer notification period for amendments to these Terms and Conditions if necessary to allow Users to make technical or commercial adjustments to comply with the changes.

    22.3 If the User does not accept the amendments provided to these Terms and Conditions, they shall have the right to terminate these Terms and Conditions before the expiry of the notice period. Such termination shall take effect within fifteen (15) days from the receipt of the notice.

    22.4 Without prejudice to the above, G2A.COM may amend these Terms and Conditions without the fifteen (15) days period referred to section 22.2 above, with immediate effect, if:

    22.4.1 is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that does not allow it to respect the fifteen (15) days notice period;

    22.4.2 has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to the Services operation, as well as defend the Platform, and Users from fraud, malware, spam, data breaches, or other cybersecurity risks.

    23. Miscellaneous

    23.1 Neither party may transfer their rights, obligations, or claims arising hereof to any third party without the prior written consent of the other party.

    23.2 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.

    23.3 Some elements of the Platform have been translated (including using software for automatic text translation). The text has been translated with due diligence, however, some translations (in particular those made by a computer program) may not be perfect or may not be properly translated due to the limitations of the text translation software. G2A.COM recommends caution when using translated content.

    23.4 These Terms and Conditions are governed by the laws of:

    23.4.1 Hong Kong without giving effect to its conflict of law principles unless, the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A.COM Limited, or

    23.4.2 USA, State of Nevada, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in the case when the User executes these Terms and Conditions with G2A LLC.

    23.5 Any dispute related to these Terms and Conditions is exclusively subject to the jurisdiction of courts in:

    23.5.1 Hong Kong, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A.COM Limited; or

    23.5.2 USA, State of Nevada, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in the case when the User executes these Terms and Conditions with G2A LLC.


    FORM OF WITHDRAWAL


    I hereby withdraw from the contract of the Services provided under G2A.COM Platform (www.g2a.com).

    Name and surname: [__]

    Delivery address: [__]

    Please refund the price you paid along with the costs incurred by me/us to this bank account number/as follows signature (only if this form is sent via register mail): [__]

    Place and date: [__]

    Signature [__]

     

     

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    G2A.COM Limited (platform operator)
    Address: 31/F, Tower Two, Times Square, 1
    Matheson Street
    Causeway Bay, Hong Kong
    Business registration number: 63264201

    G2A LLC (platform operator)
    Address: 701 South Carson Street, Suite 200, Carson City,
    Nevada 89701, USA
    Business registration number: E0627762014-7

    G2A.COM Direct B.V. (platform support)
    Addres: James Wattstraat 77 A 3, 1097DL Amsterdam,
    the Netherlands
    Business registration number: 89975561 

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    Using the G2A.COM portal constitutes acceptance of the Regulations. Information on how we process your personal data you will find in the Privacy and Cookies Policy. Copyrights G2A Group. All rights reversed.