I. Preface
The following principles serve as the foundation for the business relations between GameTraderHub and its customers:
A. GameTraderHub, overseen by the applicable legal body, operates as a platform facilitating the exchange of digital game product codes between its Vendors and Trading Users. These codes are obtainable through direct purchases on the website or through affiliated platforms, utilizing the provided online vending resources.
B. At GameTraderHub, users can explore and review the offerings of Sellers and also have control over their own purchases.
C. GameTraderHub takes care not to resell or redistribute Sellers' products, unless explicitly stated on the website. The platform rarely acts as the Buyer in transactions.
D. While GameTraderHub equips both parties with efficient, user-friendly, and secure tools for trade, it does not directly involve itself in the transactions between Sellers (or Seller Users) and Users.
E. The present Terms do not establish the specific terms and conditions governing the relationship between Sellers (or Seller Users) and Users.
F. The Terms do not encompass the variable aspects of transactions and agreements between Users and Seller Users (or Sellers), such as value, components, quality, security, and legitimacy of game activation codes, warranties, and liabilities related to selling digital game product codes. To ensure compliance with the Terms, GameTraderHub implements supervisory measures for products sold through a specific Seller's Store. However, GameTraderHub cannot guarantee the confidentiality and reliability of data provided by Users or Sellers.
G. Given the aforementioned considerations, GameTraderHub retains exclusive discretion in compiling a register of actions disallowed on the Site, as elaborated in these Terms. This prerogative arises from GameTraderHub's distinct identity as a platform vested in enabling Sellers and Selling Users to establish their Stores in adherence to GameTraderHub's regulations.
II. Definitions
Profile: An individualized account maintained on the website, granting registered users full access to all the functionalities and amenities provided by GameTraderHub.
Restitutions: Any possible non-typical financial dealings that surpass the customary financial cycle envisaged by GameTraderHub; reimbursements, compensations, refunds, penalties, and other forms of payment that may be owed by the Seller or Selling User to GameTraderHub due to their infringement of these Terms.
User: An individual engaging with GameTraderHub in any conceivable manner but having no direct affiliation with GameTraderHub or any of its subsidiary websites.
Persistent Medium: Any device enabling the User, Seller, or GameTraderHub to retain information for their personal use in a way that allows future reference for a suitable duration, and supports unchanged copying and distribution.
Digital Transactions: Any actions conducted using web connection protocols at the recipient's request, without the need for both parties to be physically present simultaneously. These transactions are carried out and transmitted through computing devices that generate binary code sent or received via web protocols.
Electronic Services Agreement: An accord solidifying the relationship between GameTraderHub and any user possessing an account on the GameTraderHub website.
Intermediaries: Authorized entities and persons acting as intermediaries, including banks, lawyers, payment platform operators, issuers of digital banking cards, digital currency operators, and all other licensed financial transaction facilitators, enabling payment transfers between the User and the Seller or Seller User.
Intermediary Policies: All updated directives and regulations periodically issued by any intermediary that have a direct or indirect influence on GameTraderHub's financial operations.
GameTraderHub: A legally established entity, officially registered in LEGAL ADDRESS.
Sanctions: Any costs or financial deductions imposed by an intermediary on GameTraderHub or the seller for breaching intermediary guidelines related to a previous sales transaction.
Privacy and Cookies Policy: A comprehensive set of regulations outlining the treatment and protection of users' confidential data. Each Policy stands as a distinct and independent document.
Seller: An individual engaged in selling goods, including digital content, directly to Users through their store or other channels. These individuals also have the right to purchase goods from other Sellers.
Store: An exclusive segment of the website, hosted by GameTraderHub and overseen by the seller or the seller user.
Seller User: A Site user engaged in sales through their Storefront, possessing digital game items, but not necessarily acting in an entrepreneurial capacity.
Site User: Any individual holding a Site Account.
Each Term provision that applies to the Site User equally pertains to the Selling User, and vice versa for every provision that specifically references the Selling User. The Site User is not obliged to be a Selling User but may be one simultaneously. A typical Site User embodies every Selling User at once.
III. Extent of Implementation
A. The User and the Seller fully and unconditionally embrace these Terms and the Privacy and Cookies Policy. The agreement to these Terms and Conditions is a prerequisite for accessing the Services.
B. Users are advised against utilizing the Site if they lack the capacity to engage in legally binding business agreements with GameTraderHub, its Selling Users, or Sellers, or if they are legally barred from doing so due to local, state, or other applicable laws or restrictions, including those of their country or region of residence or service usage. The User affirms and assures that they possess full legal capacity to enter into binding contracts, and they are either at least eighteen (18) years old or meet the age requirements specified by the laws of their country of residence. If the User is representing a third party and acting on their behalf, they further confirm their authorization to do so and acknowledge that the Terms apply to them entirely.
C. The Seller acknowledges their status as an autonomous contractor and demonstrates comprehension of the Terms upon accepting this Agreement. If the Seller utilizes the Site on behalf of a legal entity or third party, they affirm that they possess explicit consent from said third party, and their acceptance of the Terms holds the same legal significance as if the third party had accepted them directly. The Seller asserts that they have unrestricted capacity, both legally and practically, to engage with Users and GameTraderHub.
D. GameTraderHub reserves the right to modify and update the Terms due to significant considerations, including, but not limited to:
- Changes in the scope of GameTraderHub's business operations.
- Necessity to comply with existing laws, including new regulations, judgments, recommendations, or other binding rules issued by authoritative bodies, or compliance with legal precedents.
- Introduction of new product categories by Sellers in their respective Stores, or the introduction of new products or services by GameTraderHub.
- Technological requirements that affect the functioning of products, services, or service delivery methods.
- Improving the security and safety of Users, Sellers, and Selling Users.
- Implementation of adjustments to fees and commissions based on economic decisions.
- Efforts to prevent crime or fraud.
E. Under any of the previously mentioned circumstances, GameTraderHub is obligated to provide advance notice of the changes to Users, Sellers, and Selling Users by delivering an updated version of the Terms at least fifteen (15) days prior to the proposed modifications becoming effective.
F. Should the User, Seller, or Selling User dissent to the revised Terms, they retain the right to terminate the Agreement with GameTraderHub before the designated notice period concludes. Termination shall be effective fifteen (15) days after receipt of the notification.
G. The stipulations set forth in these terms and conditions are subject to potential modifications by GameTraderHub, which may occur without the aforementioned fifteen (15) days' notice and with immediate effect under certain circumstances. These circumstances include the necessity to comply with a legal or regulatory obligation that prevents the provision of the mentioned fifteen (15) days' notice, or the requirement to promptly address an unexpected and impending danger through exceptional alterations to these terms.
H. In cases of any disparities between the English version of the Terms and any translated version, the English version shall take precedence, unless otherwise specified or if any apparent inconsistency arises due to differences in the legal requirements of a specific nation.
I. Within the realm of online or alternate means, Users and Sellers of GameTraderHub have the option to establish supplementary agreements (Additional Provisions) that delineate distinct rights and responsibilities pertaining to their association with GameTraderHub. In any situation involving inconsistency or disparity, the Additional Provisions shall take precedence, except when explicitly specified otherwise in the Additional Provisions.
J. In the course of utilizing services through the Site or email, the User and the Seller engage in electronic communication with GameTraderHub. GameTraderHub retains the liberty to correspond with Users and Sellers through email, messages displayed on the Site, or communication channels within other services. The User and the Seller mutually consent that, unless specifically mandated by law, all communications provided by GameTraderHub electronically shall satisfy any legal obligations necessitating written communication. This authorization is granted on legal grounds.
K. The Service offered by GameTraderHub primarily involves regular transfer, caching, and hosting services integrated into the Site. The provision is contingent upon agreements established between the Seller and the User or between the Selling User and the User. In this capacity, GameTraderHub acts as an intermediary, operating a digital infrastructure that facilitates data exchange, storage, and sharing between Users and Sellers.
In the given context, the following conditions apply:
- GameTraderHub is not the initiator of the data transfer.
- GameTraderHub does not determine the recipient of the data transfer.
- GameTraderHub does not impede or modify the delivered data.
In this regard, GameTraderHub may temporarily retain communicated data in an indirect manner, strictly for transmission purposes. However, data retention beyond the necessary transmission period is not permitted.
GameTraderHub provides data transmission and temporary, automated, indirect data storage for convenient future retrieval on condition that GameTraderHub ensures data integrity, employing well-established IT techniques to furnish technical instructions for data access and updates. It does not hinder the utilization of these IT methodologies and grants Users and Sellers access to computerized system resources to save their data.
L. GameTraderHub offers relevant electronic services to Users, Sellers, and Selling Users:
- Access to browse Site information
- Account functionalities
- Tools for creating and managing online Seller Stores, enabling transactions.
GameTraderHub abstains from any involvement or direct participation in agreements between Users, Sellers, Selling Users, and Sellers, or Sellers with Sellers (e.g., via templates).
M. GameTraderHub explicitly retains the privilege of providing its own products and services for purchase to Users through the Site.
N. To utilize the Site, Users and Sellers must have a functioning OS on their workstation, internet access, and standard software for browsing websites, including cookie support.
O. To ensure smooth functionality of certain Site features, Users or Sellers may be required to enable Java, Java Script, Flash support, etc.
P. Upon acceptance of the Terms, the User, the Seller, and the Buyer each acknowledge the need for data disclosure or verification to confirm their residential address, business location, or habitual residence (if uncertain). This Agreement pertains to GameTraderHub's responsibilities and reporting obligations concerning Value Added Tax, specifically under Council Directive 2006/112/WE, Article 58, and Implementing Regulations no. 282/2011 and 1042/2013.
Q. Users are strictly prohibited from engaging in illicit activities, violating third-party rights, or compromising the security and dependability of GameTraderHub systems.
R. For optimal GameTraderHub usage, a functional laptop, computer, or portable device with an up-to-date browser supporting JavaScript and pre-installed cookies is required.
S. GameTraderHub offers customers the option to receive information on potential risks associated with using electronic services in their preferred format.
T. GameTraderHub delivers the services specified in section K above, and the Seller is prohibited from offering identical services. Moreover, the Seller and/or the Selling User acknowledge that GameTraderHub holds no obligation to maintain exclusivity in any market sector and retains the right to provide services to the Seller's and/or the Selling User's competitors.
IV. Charges
For every transaction completed within the Seller's Store, GameTraderHub deducts its commission and other applicable expenses from the pricing set by the Seller or the Selling User. All commissions and associated costs that the Seller or the Selling User must cover are clearly displayed in the Seller's Store area, such as when an item is listed for sale in the Seller's Store.
A. Users incur no fees for joining or utilizing GameTraderHub, except when explicitly stated by a specific Seller's Store or on the Site. Each time a particular product is sold at the price set by the Seller or the Selling User, GameTraderHub receives a commission. Prior to using the service, the User must consent to the terms, which are subject to modification at any time. Separate documents from external payment providers outline the terms and fees for making and receiving payments. Additionally, GameTraderHub levies a fee for listing a product for sale in the Seller's Store.
B. The service costs provided by GameTraderHub, unless specified differently, do not include VAT and any other taxes imposed by existing or forthcoming regulations. These taxes will not be subtracted from the amounts owed to GameTraderHub under this Agreement or added to the Account. Specifically, GameTraderHub may incorporate applicable VAT related to VAT responsibilities according to EU Community Law at the customer's EU domicile or corporate headquarters.
C. As indicated in section A earlier, the prices listed by GameTraderHub for its products and services are independent of these Terms and may be modified before purchasing a product or service. GameTraderHub reserves the right to withdraw the Service Fees for business and promotional purposes. Such modifications take effect upon a brief relevant marketing campaign posted on the Site.
D. GameTraderHub accepts Euro and US dollar as the standard currencies for all fees. In the event that other currencies are utilized, any adjustments will be publicly announced. The User and the Seller are fully responsible for paying all fees and taxes associated with their use of the services provided on the Site, as well as any other payments related to agreements made through the Site. For instance, any applicable taxes arising from or linked to Stores are the sole responsibility of the Sellers and/or Selling Users.
E. GameTraderHub is not liable for covering the mentioned charges and taxes. In the event of payment failure or an overdue invoice, GameTraderHub has the authority to request payment through alternative means, potentially incurring additional costs. Any payments owed to GameTraderHub under these Terms should be made in full, without any deductions or withholdings, to avoid misunderstandings. The User and/or Seller are solely responsible for fulfilling their obligations to tax authorities regarding any lawful deductions or withholdings.
F. The terms of usage for various products may vary depending on the place of purchase. Access to certain services or features is not guaranteed for all Users, as GameTraderHub has the authority to assign different levels of access to individual Users based on their use of the services.
G. GameTraderHub assumes no responsibility for payments made directly to sellers for items or services available in their own stores. Regardless of the type of Account, users have the option to complete payments using various third-party or site-accepted payment methods. Third-party payment methods are detailed on the website. When setting up their store, Selling Users or Sellers configure their own permission settings, which can be modified at any time.
H. Users seeking settlement agree to the conditions outlined on the websites governing payment systems and consent to making payments through those websites. GameTraderHub is not responsible for payment-related issues, including processing delays or technical difficulties, handled by the owners of these websites. Users or Sellers experiencing such issues must contact the relevant payment site owner according to their policies.
I. GameTraderHub collects personal information such as full name, address, email, and ID card number for the purpose of initiating and executing Service or Sale contracts. Detailed instructions, explanations, and rights pertaining to personal data handling are covered in the separate Privacy and Cookies Policies.
J. Account holders confirm their commitment to pay for goods or services available on the Site only using lawfully acquired funds.
K. The User declares their non-VAT status. However, if the User becomes a VAT taxpayer or is already one, they must furnish all necessary information for VAT invoice issuance.
L. The owners of the merchant accounts agree to the following terms:
- They will determine the sales terms for users, collect appropriate fees from users, and ensure product delivery.
- They hold full responsibility for any applicable taxes, as well as other fees or charges related to their Store operations.
- As the goods' providers through their Stores, their contractual agreements with Users and relevant transaction documents will explicitly state this arrangement.
M. The User acknowledges that if the Seller or Selling User expresses intent to establish a contract and charge the User, the User may incur financial responsibilities when ordering digital content, especially digital gaming product codes.
N. To safeguard the contract and ensure the Seller's commitment to display items on the Seller's Store, GameTraderHub requires an upfront payment from the Seller. This pre-order advance fee should amount to one percent (1%) of the value of each item the Seller commits to sell through the Store. Pre-ordered products must be purchased at the Seller's Store by 23:59 CET on the day before the item's scheduled release date.
O. The initial payment made for pre-orders is completely refundable within two (2) calendar days from the release day mentioned above, provided the Seller includes all pre-order products in their store. The refund amount will be adjusted proportionally based on the number of pre-order products not yet fulfilled. The declared selling price of any pre-order item is subject to change at the Seller's discretion. However, the pre-order advance amount remains unaffected if the Buying User has previously made an offer to purchase the specific pre-order product.
P. The User has the option to purchase pre-order products from the Seller's shop. The payment for pre-order products is made on the day of the order, but the delivery takes place on the date specified by the Seller's Store. The User is aware that the delivery date for the pre-ordered item may vary, and the price of the pre-ordered item may also change. Additionally, there is a possibility that the transaction may not be successful, in which case the Selling User will refund the buyer's money.
V. Accounts
A. To create their Account, the User must complete the registration form on the Site. Providing a valid email address, choosing a username, and accepting the Terms and Cookies Policy are essential during registration. If a user is found to have registered with a disposable email address, GameTraderHub retains the right to suspend the account, and any funds on it may be forfeited. GameTraderHub has the exclusive authority to reinstate a banned Account or facilitate money transfers.
B. When a User intends to establish their Seller's Store on the Site, acquiring the status of a Selling User, they are required to furnish specific information during registration or later when completing Account details. This information includes their full name, address of residence, contact number, bank Account number, VAT or other tax identification number, and business registration number. Additionally, each User must reveal their residential address.
C. Users hereby acknowledge and consent to GameTraderHub's utilization of tools aimed at determining the location of a computer network device concerning the country of origin from which the registration is conducted. GameTraderHub retains the right to decline the creation of an Account if any disparities arise between the User's declared residence, corporate headquarters, or usual residence during the registration process and the findings of its investigation. Unless explicitly authorized by GameTraderHub for specific purposes, each User is strictly limited to having only one Account. It is explicitly stated that Users shall refrain from using a VPN connection while accessing the Site unless it is necessary for legitimate business purposes.
D. During the registration process, GameTraderHub may request the User or Seller to provide the necessary documents, including copies or scans, to verify the information provided. Additionally, when registering on the Site on behalf of a person or organizational unit, GameTraderHub may specifically require the appropriate documents to confirm the company address, listing in the relevant register, and VAT identification number.
E. Upon intending to register on the Site, a person must promptly provide the requested papers (or their scanned or copied versions) to confirm the mentioned information within 14 days of GameTraderHub's request. Failure to submit the specified documents (or their copies) may lead to the denial of registration on the website. Furthermore, after a User or Seller completes their registration, GameTraderHub may require additional documents (scans or copies); failure to provide the requested documentation may result in account blocking or restricted access to certain Stores.
F. Once the User completes a successful registration on the Site and enters their login credentials on the login page, they gain full access to all features available.
G. Registration on the Site constitutes agreement to the comprehensive Terms, encompassing the Privacy and Cookies Policy. Additionally, anyone utilizing the functionalities of the Site without prior registration will be deemed to have accepted the Terms and the Privacy and Cookies Policy.
H. It is the responsibility of the User, Seller, and/or Seller User to maintain an up-to-date and valid email address associated with their Account on the Site at all times.
I. The User is granted a complimentary Account by GameTraderHub, allowing them to access the Site's services via the global Internet network from any location.
J. Should a User breach these Terms or violate applicable laws, GameTraderHub reserves the authority to suspend the respective User's Account.
K. GameTraderHub reserves the right, as permitted by law, to temporarily suspend access to the Site or any Accounts for the purpose of ongoing modernization or addressing technical issues. GameTraderHub commits to promptly resolving any technical challenges that may arise.
L. The User acknowledges that sharing their login details with unauthorized third parties or granting access to individuals outside their authorized team could cause significant and irreversible harm to GameTraderHub, Sellers, or other Users. The User bears the responsibility for safeguarding their Account from unlawful use that could potentially harm or compromise GameTraderHub and its partners.
M. To establish a Seller's Store, the Seller is required to create an Account first. Registration can be completed by filling out the registration form on the website, providing essential details such as full name, business name, nature of activity, valid email address, contact information, phone number, and VAT identification number.
N. The Seller is responsible for ensuring the accuracy of the email address associated with their Account on the Site and must take reasonable measures to maintain its correctness. If the Seller violates any of these Terms or applicable laws and regulations, GameTraderHub retains the right to suspend the Seller's Account.
O. Unauthorized use or access of other Users', Sellers', or third parties' Accounts by the User or the Seller is strictly prohibited. However, the Seller is exempt from this restriction when granting access to authorized agents and employees. GameTraderHub may request the Seller to provide a list of Users with authorized access to the Account, and the Seller is obliged to respond within 7 days of receiving the request.
P. GameTraderHub absolves itself of any liability to the fullest extent permissible by law for any breach of provision 3.13 by Users or Sellers. Specifically, Users and Sellers are accountable for the actions and consequences of individuals to whom they have granted Account access, especially within their Stores on the Site.
Q. In the event of defective items being offered on the Seller's Store, the Seller's and Selling User's Accounts may face suspension.
R. Users and Sellers bear responsibility for the actions and consequences of individuals to whom they have granted Account access, particularly when such actions occur on the Site.
S. All sales contracts made by a particular Seller through the Store are strictly between the Seller/Selling User and the Buyer. GameTraderHub bears no responsibility for any taxes, fees, or other costs associated with operating the Store. Each Seller and/or Seller User must determine whether any such taxes, fees, or charges apply and, if applicable, make appropriate arrangements for their payment. GameTraderHub strongly recommends seeking advice from a qualified expert on this matter. Specifically, the tax rate management tools provided at the Store should be viewed as a convenience and not a substitute for professional tax guidance.
T. Sellers and/or Seller Users have the flexibility to customize the appearance of a Seller's Store according to their preferences. GameTraderHub retains the right to modify specific elements of a Seller's Store design (such as headers or footers) that reference GameTraderHub. In cases where the operator adopts a style that violates these Terms or any applicable local regulations, GameTraderHub reserves the right to modify the design of the Seller's Store. The responsibility for prominently displaying the Store owner's name, including, if applicable, the legal name of the company that owns the Store, and its tax ID lies with the Seller and/or the Seller User.
U. The Sellers and/or the Seller Users hold full responsibility for all activity and content, including images or data submitted, created, saved, or displayed on or in connection with their Stores. By uploading any of the mentioned materials, the Seller and/or the Selling User grants permission for other Users to view these materials and content uploaded to the Seller's Store (such as product offers, product prices, etc.); they also agree to GameTraderHub storing, displaying, and utilizing the uploaded content to facilitate the provision of services outlined in these Terms.
VI. User Obligations
A. Upon registering with GameTraderHub, both Sellers and Seller Users acknowledge the following:
- They possess the full capacity and authorization to accept the Terms and the Privacy and Cookies Policy, grant permissions and licenses, and assume corresponding responsibilities.
- They affirm that the goods or services have been legally acquired, originating from legitimate sources, and free from any defects (both legal and physical), third-party rights, claims, and that they have the right to list and sell such products or services, especially concerning copyrights.
- The goods and services sold through their stores do not infringe upon third-party rights, including copyrights, trademarks, trade secrets, patents, trade secrets, privacy, image, or any other ownership or intellectual property rights, and they do not defame, slander, malign, or insult any individuals or entities, nor do they violate their privacy, image, or any other personality rights.
- They commit to using the Site and its features in accordance with the Terms, applicable law, and ethical standards.
- They will not engage in actions that tarnish GameTraderHub's reputation or have a negative impact on the website or the goods and services provided by various stores.
- They will not participate in unlawful activities, violate moral principles or societal norms, or harm GameTraderHub's interests in any way.
- They will not engage in activities that may be construed as money laundering or expose GameTraderHub to accusations of using the Site for such purposes.
- They will not use multiple Accounts for buying or selling purposes, and they will only use a VPN connection when required to run a legally recognized business.
B. The Seller and the Seller User must furnish necessary information or documents pertaining to their company, organization, or goods/services upon GameTraderHub's initial inquiry. In doing so, each company owner guarantees, acknowledges, and assumes complete responsibility for providing relevant information or documentation concerning their business, organization, or goods/services. They further confirm that all information and documents provided during the Account opening or subsequent use of the Site are authentic, precise, up-to-date, and comprehensive. They also commit to promptly notifying any changes to the information or documents to ensure accuracy, veracity, and completeness.
C. Each User mentioned in this provision further recognizes and assumes accountability for ensuring that the products they submit, display, and publish via their Stores comply with the Terms, the privacy and cookies policy, and the password policy. They also acknowledge that their products do not infringe any applicable laws or regulations, such as those pertaining to export control, consumer rights protection, unfair competition, or deceptive advertising. Additionally, they agree that their products do not encourage any conduct that would violate such laws.
D. The individuals falling under this provision also commit to the following:
- They will at all times comply with applicable laws and regulations while using the Site.
- They will treat other Users of the Website with honesty and fairness.
- They will adhere to relevant supplementary agreements, the Terms, and any written agreements within the Site's framework.
- They will refrain from mistreating other Users or misusing the website, including the sale of stolen goods.
- They will not impersonate others or provide false information about themselves or their relationships.
- They will not engage in phishing or spamming activities.
- They will not encourage or participate in any illegal activities or promote such activities to others.
E. In the event that the Seller acts as an authorized representative of a business entity, they affirm that they possess all required authorizations from the principal to act as a sales representative, disclose essential contact information for commercial purposes, and acknowledge that third parties may contact them for business inquiries without requiring the principal's explicit consent.
F. The Seller is obligated to furnish GameTraderHub's customer service department with all essential information, documents, and authorizations, along with reasonable assistance and cooperation, irrespective of whether the Seller has violated the Terms or has been the subject of a customer's complaint.
G. All parties involved in this contract further acknowledge their responsibility to adhere to the relevant laws and regulations applicable to their transactions and interactions with specific Users.
H. The User, acting as a consumer, retains the exclusive right to receive from the Seller, within a reasonable timeframe following the contract's conclusion, the completed and finalized agreement on a durable medium, along with any other necessary documentation as mandated by relevant legislation.
I. All parties covered in this section also acknowledge and accept the following terms:
- They will address any post-sale issues, including those requiring payment reversals, through the chat module available in the Seller's Store.
- They will engage in the discussions with due diligence, promptly resolving reported concerns without unnecessary delays.
- They will act in good faith during discussions, with the User providing relevant and accurate information to assist the Seller and Selling User in resolving the concerns.
- Any content shared through the discussion module will not include illegal, harassing, defamatory, harmful, vulgar, obscene, or objectionable materials in any form.
- They will refrain from providing false information or engaging in deceptive practices during the conversations.
J. GameTraderHub is entitled to apply restrictions and prohibitions on anybody found to be in breach of the aforementioned guidelines. GameTraderHub disclaims responsibility for any data exchanged during communications between users and sellers.
VII. Limited Liability
A. GameTraderHub shall not be held liable for:
- Any losses incurred by the Seller or User due to circumstances beyond GameTraderHub's control, affecting their access, use, or inability to use the Site.
- Any damages caused by viruses transmitted to or through the website by third parties. However, GameTraderHub will promptly address and eliminate threats arising from such viruses.
- Any consequences arising from unauthorized access to private information or account data by a third party due to the User's actions, such as sharing their Account credentials with others.
- Any measures implemented by GameTraderHub to address User or Seller violations of the Terms or relevant laws, including but not limited to Account suspension, denial of Site access, and limitations on specific services or features.
- Users engaging in unlawful activities or infringing upon the rights of third parties, particularly regarding copyright or industrial property rights violations, such as unauthorized transmission, distribution, publication, offering, or display of data without proper rights.
- Any steps taken due to the User's or Seller's breach of these Terms, including the provision of incorrect or misleading information.
- Any actions related to the Seller's or User's collection or processing of legal data, including unauthorized transfers of personal data of other Users.
- Any damages, losses, costs, claims, settlements, or intangible consequences arising from one User's claims against another User.
B. Apart from any other misbehavior on the Seller's part, whether it involves breaking the law, providing false information, assurances, or statements, GameTraderHub will not be held liable for any claims from third parties arising due to the Seller's failure to meet their obligations or improper performance of their agreement with the User (or another Seller). If GameTraderHub receives any such claims, complaints, or petitions from third parties related to the actions mentioned in section A above, the Seller is obliged to assume full responsibility in response to these entities. This means that the Sellers are responsible for covering any expenses incurred by GameTraderHub or required to be paid by law. Furthermore, in any legal proceedings where third parties accuse GameTraderHub of copyright infringement, the Seller will represent GameTraderHub instead of GameTraderHub. It is worth noting that, as long as it doesn't violate consumer rights, Section B shall also apply to the Selling Users.
C. GameTraderHub cannot guarantee that any Seller or User will successfully enter into an agreement through their Store, nor can it ensure the fulfillment of such agreements. GameTraderHub is not responsible for any inappropriate behavior or breaches of agreements between Users or Sellers, including actions by Users against other Users, Sellers against other Sellers, or Sellers against other Users. Additionally, GameTraderHub bears no responsibility for the products and services offered by Sellers and Selling Users through Sellers' Stores, including their suitability, quality, legality, or any physical or legal defects. This also applies to any liability towards Users (or other Sellers).
D. In cases of severe breaches of the Terms and other obligations, the Seller assumes responsibility for the following:
- Not providing GameTraderHub with valid reasons if the ordered item or service is not delivered despite payment of the order fee or if the supplied good or service does not meet the specified quality or form.
- Engaging in actions that could jeopardize the assets of GameTraderHub or the legal obligations of its partners.
- Supplying false, incomplete, or misleading information.
E. All products offered on GameTraderHub and its affiliated platforms are provided "AS IS," and GameTraderHub bears no responsibility for the quality of the products offered by the Sellers.
F. GameTraderHub does not offer any warranties or guarantees regarding the products or services offered by the Sellers' Stores through the Site. Furthermore, GameTraderHub disclaims any responsibility for potential infringements on the legal rights of third parties arising from the use of any products or services made available through the Site.
G. The maximum financial liability of GameTraderHub to the Sellers is 500 Euros. However, this provision does not exempt the Seller from the obligation to substantiate any claim of damages. Claims arising from the use of the website or its services must be filed within fourteen (14) days after the incident date. The same requirements shall apply in countries where consumer liability may be limited.
H. The liability disclaimers stated in the Terms are applicable to the fullest extent permitted by law, regardless of whether GameTraderHub has been warned of the possibility of such harm occurring.
I. The Seller and Selling User agree to indemnify and hold harmless GameTraderHub, its directors, officers, employees, agents, shareholders, and affiliates in the following situations:
- Any guarantee or representation made by the Seller or Selling User in these terms;
- Any breach of representation, warranty, or agreement made by the Seller or Selling User herein, or of any duty or obligation.
J. The Seller and the Selling User shall fully cooperate in the defense of any claim, demand, or litigation and shall promptly notify GameTraderHub in writing of the same. Neither the Seller nor the Selling User will agree to the settlement of any such claim, demand, or lawsuit prior to the final determination of such claim, demand, or lawsuit without GameTraderHub's permission, which GameTraderHub maintains the right to withhold at its sole and absolute discretion.
K. If any Intermediary charges GameTraderHub for an Adjustment resulting from the actions or inaction of the subjects of this section on the Seller's Store, including the listing of digital goods or services that violate the Intermediary Guidelines, the subjects of this section shall reimburse GameTraderHub in full.
L. The parties to this provision further acknowledge and agree that they shall bear full responsibility for all Adjustments, indemnification obligations, and other payments due or liable to become due under these Terms. This liability shall not be subject to any other limitations on liability that may be expressed in these Terms.
M. The subjects of this section shall be held accountable to the User for a Product sold for a maximum of 2 (two) years from the date of sale, unless otherwise provided by applicable law. After the aforementioned time period has lapsed, the User will no longer be able to lodge a claim against the Seller through the Site.
VIII. User Guidelines
A. Users and Sellers are aware that while using the various Stores on the Site for conducting business, they might encounter potentially abusive individuals. GameTraderHub makes reasonable efforts to verify the accuracy of data and information provided by Users and Sellers during registration and payment submissions. However, due to the nature of the Internet, it is not feasible to confirm the true identities of all users, and GameTraderHub cannot guarantee the authenticity of claimed identities. We strongly advise you to exercise caution and employ various methods, particularly skepticism and common sense, when evaluating the individuals with whom you interact on the platform.
B. Each individual covered by this section is responsible for adhering to the Terms and fulfilling their other obligations. This includes warranties, returns, shipping, timing, insurance, as well as any fees, taxes, licenses, or fines, in addition to payment terms.
C. The parties involved in this section agree to provide all necessary documentation to fulfill their obligations under these Terms and to facilitate transactions within the Stores.
D. To ensure compliance with the rules governing transactions conducted through the Site in specific Stores and to maintain fair play standards during such transactions, the parties in this section acknowledge that an agreement between them is deemed valid once the provision of a service and the charge to the User are authorized by the Seller. Any additional rights and obligations under the Agreement, as well as any related actions, shall be governed by applicable laws or agreements between the parties involved.
E. GameTraderHub takes extensive measures to ensure smooth and error-free transactions within Sellers' Stores. However, in the rare event that a Store owner reports a misadjusted price tag or a User purchases an item for an incorrect price due to technical issues, GameTraderHub may, at its discretion, assist in arranging a suitable refund to the affected parties. Nevertheless, GameTraderHub is not obligated to do so in such exceptional circumstances.
IX. Notice and Takedown
A. In the event that your User rights on the site have been violated by other users, you are required to promptly notify GameTraderHub via email. This notice should include comprehensive information about the alleged violation, including the date, circumstances, and any supporting evidence. Additionally, please provide all relevant profile information and your explicit consent to the processing of your personal data.
B. Upon receipt of a prompt request as outlined in section A, GameTraderHub will take immediate action to block the relevant data (and, if feasible, delete it entirely) and will subsequently inform all parties involved about the takedown.
C. Following the notice described in section B, the parties concerned may present evidence supporting their copyrights, licenses, or other intellectual property rights to substantiate their right to distribute the data.
D. The parties who reported the infringement of their rights to GameTraderHub must make reasonable efforts to amicably resolve any disputes regarding the ownership of the content they post or make available on the Site. The resolution may involve re-uploading the claimed material as-is, re-uploading it with agreed-upon modifications, or permanently deleting it.
E. In cases where the identification of the Seller or Selling User responsible for publishing or distributing third-party data on the website becomes unfeasible, the copyrighted information claimed will be permanently deleted from the site.
F. If credible information is submitted regarding the illegality of any data published on the Site or if notifications from appropriate authorities are received, GameTraderHub will promptly block access to such material.
G. GameTraderHub retains the right to remove any information from the Site and prevent its transmission, publication, or storage if it deems the information to be illegal or in violation of the law.
X. Complaints
A. Users, Sellers, and Selling Users are encouraged to contact us to report any issues or anomalies related to the use of the website or its services. The parties should provide their full names, details of the complaint, and the reasons behind the complaint.
B. Upon receipt of the complaint, it will be promptly reviewed, and the process will be completed within 30 (thirty) days. The Users, Sellers, and Selling Users will receive information about the complaint review process and its outcome at their provided correspondence addresses or email addresses. The costs associated with using distance communication methods will be borne by the parties involved.
C. Upon agreeing to mediation, GameTraderHub may make an honest effort to resolve a dispute with a Seller who operates a business and utilizes the Site to sell goods through their Seller's Store. The mediation costs will be shared fairly between the parties, and the specific allocation will be determined on a case-by-case basis.
D. If the User encounters issues with the items or services purchased through GameTraderHub's provided capabilities within the Store, the User can submit a complaint to the Seller or Selling User.
E. If the Seller's Store permits it, the User may be eligible to return a purchased product or service, especially a digital game product code, provided it has not been downloaded or activated on the Site. The decision to offer this option to specific goods or services and specific Users lies with the Seller. Users can find relevant information on the Store subpage, such as in the specific Terms outlined by the Seller.
F. In the event of any disputes between the Buying User and the Seller or Selling User related to goods or services purchased through a specific Store using a payment method offered by PayPal Holdings, Inc., including chargebacks, bank reversals, or disputes, the Seller or Selling User must promptly inform GameTraderHub. The notification should be delivered as soon as reasonably practicable, but not later than 14 (fourteen) days from the commencement of the dispute(s), upon receiving the User's complaint regarding the Seller's goods or services.
XI. Termination and Suspension
A. The agreements governing the provision of electronic services and certain site features may be terminated by GameTraderHub at its discretion for an unspecified period of time. GameTraderHub reserves the exclusive right, without limiting any other provisions of these Terms or any other rights or legal remedies:
- to unilaterally terminate the contract between GameTraderHub and a specific party if GameTraderHub receives a court order or other authority decision mandating such termination, if the party in question violates any term of these Terms, or if the party in question breaches any provision of any applicable law related to the use of the Site;
- to suspend access to the system at the request of the concerned party, if the concerned party has lost sole control over its Account, has opened a new Account after having its previous Account suspended, or has not made payment for the goods and services they have received, or if the concerned party is suspected of violating the Terms or the applicable law governing the use of the Site.
B. GameTraderHub must provide the parties with a written explanation of its decision to terminate all or some parts of the Terms at least 30 (thirty) days before the termination takes effect. However, in cases where GameTraderHub exercises its right to termination for an urgent reason under national law or when it is bound by a legal or regulatory obligation that prevents it from continuing to provide all of its Services to the affected parties during the notice period, the aforementioned notice period will not be applicable.
C. Within the framework of the internal complaint-handling process, GameTraderHub must allow the impacted party the opportunity to clarify the facts and circumstances before any suspension or termination. GameTraderHub shall promptly grant the impacted parties access to any personal or other data that was restricted during a suspension or termination once the suspension or termination is revoked.
D. The User has the right to withdraw from the contract with GameTraderHub governed by these Terms within 14 (fourteen) days without providing any reason. The withdrawal period begins from the date the User's Account was opened. To exercise their right to withdraw from the agreement, the User (if a consumer) must provide clear notice of their intent to do so to GameTraderHub. The notice of withdrawal must be sent before the withdrawal period expires to meet the withdrawal deadline.
E. In the event that the User decides to end this Agreement, GameTraderHub will promptly refund all amounts paid, including delivery costs, within 14 (fourteen) days after receiving notice of the User's decision to end the Agreement. The User will not be charged any fees as a consequence of such reimbursement. Unless the User has expressly agreed otherwise, GameTraderHub will conduct the refund using the same payment method that was used for the initial transaction.
XII. Miscellaneous
A. These Terms, which apply to all registered Users, incorporate all supplementary GameTraderHub Policies.
B. Neither the User nor the Seller may transfer any rights, obligations, or claims arising from this agreement to any third party without GameTraderHub's prior written consent. However, the parties grant GameTraderHub their consent to transfer its obligations and rights to a third party.
C. By accepting these Terms, a User also accepts all additional GameTraderHub Policies that define how the site administrator will handle any data it receives while operating the website. The User and the Seller authorize GameTraderHub to transfer the obligations and rights arising from the Terms and other agreements.
D. For any communication with the site's administrators, emails should be directed to the following address: [email protected]
E. In the event that any provision of this Agreement is deemed illegal or unenforceable, such determination shall not invalidate the other provisions. Instead, legitimate provisions that best reflect their economic value, the intentions of the parties, and their original purposes shall be used to replace any invalid or ineffective provisions to the maximum extent possible.
F. Some Terms may not apply if certain parts of the site are not accessible due to local laws in the User's country.
G. The section headings in these Terms are included for convenience of reference only and shall not impact the meaning or interpretation of these Terms.
H. These Terms shall be governed by the laws of Bulgaria, without regard to any conflicting provisions, unless expressly specified otherwise by the local law applicable to the User's consumer status. The parties to these Terms submit to the jurisdiction of Bulgaria, unless otherwise provided by applicable domestic law for Users acting as consumers.
PARCELCROWN LTD
Novi Pazar, 54, Pernik, 2300, Bulgaria