Terms & Conditions

 

1. Applicability

1.1. The Terms & Conditions apply to the relations between any person using the Platform, in particular, the User, and GAMIVO.com arising from and related to the use of the Platform.

1.2. The Terms & Conditions do not apply to the relations between the Buyer and the Merchant. The relations between the Buyer and the Merchant are governed by the General Sale Conditions determined by the Merchant.

2. Definitions

2.1. The capitalized terms and expressions used in this Terms & Conditions mean:

a) GAMIVO or GAMIVO.com – the company GAMIVO Limited registered under laws of Malta, bearing Company Registration No. C80802 and having its registered office at Level 4, the Penthouse, Suite 2, Ewropa Business Centre, Triq Dun Karm, Birkirkara, BKR 9034, Malta, email address: office@gamivo.com;

b) Platform – a group of affiliated websites made available on the Internet from the address: www.gamivo.com;

c) Product - items, goods, and/or services in digital form, which can be downloaded by the User to his electronic device and which are not stored on any data carrier;

d) User – any person, who has registered on the Platform;

e) Merchant – any User, acting as an entrepreneur, operating in any form, who sells its Products through the Platform

f) Buyer – any User, buying Products from the Merchant through the Platform;

g) Terms & Conditions – these terms and conditions, including attachments thereto

h) General Sale Conditions – sale agreement concluded by the Merchant and the Buyer in which the Merchant determines all conditions of sale of the Product.

2.2. Any references in the Terms & Conditions to the singular include the plural and to plural include singular. References to one gender include all genders.

 

3. Acceptance of Terms & Conditions

3.1. In order to use the Platform, the User agrees to and accepts the Terms & Conditions as a whole and without reservations.

3.2. The User confirms that under the domestic laws of his country of residence he is able to conclude legally binding agreements. The User agrees that he is not prohibited from using the Platform and services offered on the Platform due to the domestic regulations or other restrictions.

3.3. The User acknowledges and agrees that GAMIVO has the right to make changes and modifications to the Terms & Conditions. The change or modification to the Terms & Conditions will not affect the rights acquired by the Users before that change or modification on the basis of the existing Terms & Conditions. Information about the change and modification of the Terms & Conditions will be provided to Users by email in accordance with the contact details provided by the Users in the course of the registration with the Platform, as well as will be published on the Platform. The amended Terms & Conditions will be published on the Platform and become binding for User fourteen days after the information about the changes of Terms & Conditions is delivered to the User. For new Users, the version published on the Platform at the moment of their registration applies immediately. The User who does not agree with the amended Terms & Conditions should resign from using the Platform.

3.4. The User may conclude with GAMIVO, through the Internet or otherwise, separate agreements related to certain rights and obligations between the User and GAMIVO. In the case of any conflict or discrepancies between the Terms & Conditions and such additional agreements, the additional agreements prevail over the Terms & Conditions unless explicitly stated otherwise in the additional agreements. In the case of discrepancies between the Terms & Conditions and the General Sale Conditions, the General Sale Conditions prevail.

 

4. User and User’s account

4.1. Any person who wishes to benefit from the functionalities offered by the Platform is obliged to register and set up a personal account on the Platform. In order to complete the registration procedure, they should fill out the registration form available on the Platform.

4.2. The technical requirements for the use of the Platform include possessing a device with access to the Internet and software to view websites such as an up-to-date version of web browser.

4.3. In the registration form, the User is obliged to provide his email address, name, and surname. In the case of a User who is an entrepreneur, the User is obliged to additionally provide the address of their business premises as well as their tax identification number (including VAT and VAT-UE number).

4.4. Once the registration process is completed, GAMIVO will assign to the User a personal ID and password. The password can be subsequently changed by the User.

4.5. The User is obliged to ensure that all information provided in the registration form is updated and valid, in particular, that the email address which is used for the purpose of operating the account is valid.

4.6. The User acknowledges and agrees that GAMIVO processes the personal data of the User indicated by the User during the registration process for the purposes of rendering of the services on the Platform and enabling proper functioning of the Platform functionalities for the User.

4.7. Each User may hold only one account on the Platform unless GAMIVO gives a permission to a given User to hold more than one account.

4.8. The User will be granted access to the functionalities of the Platform after entering the ID and password on the login page.

4.9. The User is aware that the functionalities available on the Platform may differ depending on the country or region, thus certain functionalities may not be available for all Users. The User acknowledges that the access to certain functionalities may be restricted for selected Users.

4.10. The User is aware that the ID and password are personal and unique. The User is obliged to keep the ID and password secret and is not authorized to share them. Sharing of the ID or password with third parties or giving access thereto to parties other than the User may cause irreversible damage to GAMIVO or Users. The User is obliged to protect GAMIVO and other Users against losses and damage caused by the use of their account by third parties. 

4.11. User is not allowed to use the Platform to promote any illegal activity or add content that is illegal, in violation of applicable law, obscene,  or inappropriate in any other way.

4.12. The Users assume responsibility for actions and outcomes of actions of parties, whom they provided with the access to the account, in particular for the actions undertaken on the Platform.

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

4.14. Due to technical problems, maintenance, or introduction of other changes to the Platform GAMIVO has the right to temporarily suspend the access to all or certain functionalities available on the Platform or to the entire Platform. GAMIVO will take all reasonable efforts to restore such access as soon as possible. For Users who act as consumers, the access to the functionalities of the Platform may be suspended in the cases prescribed by applicable laws.

4.15. GAMIVO is entitled to verify the data of the User provided in the registration form or during the purchase process by requesting from the User to present proper, valid documents confirming said information, including but not limited to a scan of an identification document or excerpts from trade registers. The requested documents should be provided within 10 business days from the day Gamivo sends the request. GAMIVO will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his tax status. Failure to provide these documents may constitute the reason to refuse registration on the Platform or removal of the account.

4.16. During the purchase process, the Buyer is obliged to indicate her/his place of residence. The Buyer confirms that she/he is aware that GAMIVO is in possession of tools to detect the localization of Buyer’s network device (and the connection) as regards the country of origin from which the purchase is made and agrees that GAMIVO may undertake a verification process. In the case of discrepancies between the place of residence indicated by the Buyer and the results of verification made by GAMIVO GAMIVO has the right to block the account of the Buyer. GAMIVO will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his tax status. Failure to provide these documents may constitute the reason to refuse the completion of the purchase process on the Platform or removal of the account.

 

5. Merchant’s rights and obligations

5.1. All provisions of section 4 “User and User’s account” above apply to the Merchants unless it is otherwise stipulated in this Section.

5.2. During the registration process, the Merchant is obliged to indicate the place of residence, i.e. the Merchant is to indicate in particular whether he is an entrepreneur from an EU or a non-EU country. The Merchant confirms that he is aware that GAMIVO is in possession of tools to detect the localization of Merchant’s network and the connection as regards the country of origin from which the registration is performed and that GAMIVO may undertake a verification process. In the case of discrepancies between the place of residence indicated by the Merchant in the course of the registration process and the results of verification made by GAMIVO, GAMIVO has the right to refuse to open the Account.

5.3. The Merchant may sell only Products on the Platform. The Merchant may sell through the Platform other goods or services only if such a possibility is explicitly stipulated in the Terms & Conditions or additional agreements between the Merchant and GAMIVO referred to in point 3.4.

5.4. The name a Merchant User chooses for the purpose of selling Products on the Platform cannot be changed once set.

5.5. The Merchant confirms and undertakes to ensure that any Product put on sale on the Platform is legally purchased or obtained and that such a Product originates from a lawful source and that the Product is free from any physical and legal defects. The Merchant confirms and undertakes to ensure also that he has the right to sell such a Product and that his rights in the Product are not limited, in particular by copyrights of any third party.

5.6. The Merchant confirms and undertakes to ensure that any Products put on sale are genuine, appropriate, complete and lawful, and will not contain information that is threatening, harassing, obscene, controversial, offensive, explicit or discriminatory.

5.7. In case the Products put on sale by the Merchant are faulty or had already been used, GAMIVO has the right to block the account of such a Merchant.

5.8. The Merchant confirms that placing of an offer of a Product for sale on the Platform constitutes an offer for sale within the meaning of the civil law.

5.9. Any Products sold through the Platform cannot come from free giveaways or charity events, or cannot be otherwise available for free regardless of the region or any other, external factors.

5.10. Upon putting the Products on sale, the Merchant is obliged to complete the General Sale Conditions by filling out the form related to the offered Product. The Merchant is obliged to indicate in the General Sale Conditions the particular description of the Product offered, sale price, and delivery conditions.

5.11. The Merchant is obliged to provide true and complete information regarding the Product corresponding to the features and qualities of the Product. GAMIVO may use this information to prepare a product description to be presented on the Platform. In the case a given Product does not comply with the description, GAMIVO takes no responsibility for such in compliance in the case the Merchant provided to GAMIVO untrue and misleading information on the Product.

5.12. The General Sale Conditions must include the information in clear and understandable manner and must be provided to the User at the latest when the User expresses the will to enter into a sale agreement with a given Merchant. The General Sale Conditions must include in particular the following pieces of information:

a) the main characteristic of the service and the way of communicating with the User;

b) the data identifying the Merchant, in particular,  the name, competent authority which has registered their economic activity, and the tax registration number;

c) the address of the enterprise, email address, and telephone number and/or fax number if available, at which the Merchant may be easily and effectively contacted by the User;

d) address where the complaints can be submitted (if it is different than specified in point c) above);

e) the total price or remuneration for the services including tax, and when the character of the service does not make it possible to prior calculate its’ amount, after reasonable assessment, the way in which they shall be calculated as well as on the freight, delivery, postal and any other charges and if it is impossible to assess the amount of these charges – on a duty to pay the charges;

f) costs for using means of distance communication in order to conclude the agreement it these costs are higher than costs usually use;

g) the method and terms of payment;

h) the method and terms of performance of the service by the Merchant and on the Merchant’s complaint handling policy;

i) the procedures and time limit for exercising the right of withdrawal, including the model withdrawal form, as well as the absence of the right of withdrawal and circumstances where the User loses the right of withdrawal;

j) existence, terms and conditions, and method of performance of warranty and after sales services;

k) a minimum duration of Users’ commitments arising from the contract;

l) the functionality, including applicable technical protection measures, of the digital content;

m) the relevant interoperability of digital content with hardware and software that the Merchant is aware of or can reasonably be expected to have been aware of;

n) the possibility of having recourse to an out-of-court complaint and redress mechanism and the methods for having access to them;

o) the code of conduct and how copies of it can be obtained;

p) the Merchant’s obligation to deliver Products free of defects.

5.13. The Merchant is obliged to provide the User from the European Union, who acts as a consumer, with a confirmation of the concluded sale agreement, on a durable medium within a reasonable time after the conclusion of the agreement. Such a confirmation should contain information referred to in point 5.10 above unless the Merchant has provided that information to the User on a durable medium prior to the conclusion of the distance agreement. In this same way, the Merchant is obliged to confirm to the consumer the receipt of consent to the delivery of digital content in circumstances causing a loss of the right to withdraw from the agreement.

5.14. The Merchant may sell pre-order Products on the Platform only upon the individual consent of GAMIVO. The Merchant agrees that as a deposit GAMIVO will block an amount equal to  10% of the sale price of each pre-order Product, which the Merchant intends to sell to the Buyer on the Platform, from the Merchant’s Balance available on the Platform. Pre-order products should be delivered to GAMIVO on the day before the release date at 23:59 CET. If the Merchant delivers the pre-ordered products to GAMIVO within the prescribed deadline, GAMIVO will unblock the funds on the Balance within fourteen days from the release date for every Product that was successfully delivered. In case there are any undelivered Products, the pre-order deposit attributable to that Products will not be returned to the Merchant.

 

6. Rights and obligations of GAMIVO

6.1. The services rendered by GAMIVO through the Platform encompass and are limited to enabling the Merchants the use of a digital trading platform which serves to intermediate in the sale of Products, in particular games and game codes, between the Merchant and the Buyer by electronic means. Within the scope of this service, GAMIVO provides every Merchant with an opportunity to sell his products through the Platform under the conditions set forth in the Terms & Conditions and additional agreements (if any). In the name and for the benefit of the Merchant GAMIVO may also facilitate the correspondence between the Merchants and the other Users. GAMIVO does not render any services for the benefit of Users other than Merchants. As a part of the service rendered by GAMIVO for the Merchants, and in order to secure proper provision of the services for the benefit of the Merchants, other Users, in particular Buyers, are allowed to use the Platform.  

6.2. GAMIVO is not a party to the sale agreement between the Buyer and the Merchant. The service rendered by GAMIVO to the Merchant is supplied continuously over a three-month settlement period. The first settlement period starts on the date when the Merchant sells the first Product through the Platform and ends on the last day of the second month following the month when the account was set up.

6.3. GAMIVO communicates with the Users electronically, either by email, or by posting notices on the Platform, or through dedicated communication channels available on the Platform. The Users hereby acknowledge that the communication with GAMIVO will be held electronically and that all agreements, notices, disclosures, and other communication provided electronically meet any legal requirements of such communication in writing unless mandatory applicable laws specifically require a different form of communication.

6.4. In case the User encounters any problems with the functioning of the Platform, GAMIVO will provide the User with technical support. The User may contact GAMIVO through the Support section of the Platform.

6.5. GAMIVO may provide the persons using the website with access to content and services offered by other service providers via hyperlinks which lead to the websites of such service providers. GAMIVO recommends that any person who wishes to make use of such websites or services offered thereon should read and accept the terms and conditions available on such websites.

6.6. GAMIVO collects charges and commissions from the amount of the sale price according to the provisions of Section 7 below.

 

7. Payments

7.1. Joining GAMIVO, using the Platform and opening of a User’s account is free of charge for the Users with reservation of point 7.4 below.

7.2. Use of selected payment channels may involve payment of commissions or other fees to the payment service providers. The commissions or other fees may vary depending on the payment services provider used to execute the payment. A number of such commissions or other fees to be charged are indicated on the payment selection page.

7.3. The User may make payments through the payment channels available on the Platform. All the payment channels are described on the Platform.

7.4. The Merchant is charged for putting any Products on sale on the Platform. The Merchant may be also charged with other charges and commissions, in particular for payouts. The charges and commissions applicable for Merchant are set forth in the Price List constituting an attachment to the Terms & Conditions. GAMIVO collects its commission or other charges (if such are due) from the sale price amount. The Merchant acknowledges and accepts that on the basis of the additional agreements with a given Merchant referred to in point 3.5 may set different amounts of commissions and charges than specified in the Price List.

7.5. The commission payable by the Merchant to GAMIVO is non-returnable.

7.6. Payments can be refunded up to 60 days after the transaction date.

7.7. Pre-orders can be canceled at any time up to 3 days before the release date as long as the product, or any bonuses associated with it, have not been delivered. Refund for pre-orders requested after that time may be denied.

7.8. GAMIVO may temporarily suspend the fees for promotional purposes (e.g. free bidding days) or for the development of new services. Such changes become effective once a temporary promotional period or a new service is announced on the Platform.

7.9. All charges and commissions are denominated in EUR otherwise changes will be communicated. The amounts of charges and commissions are VAT exclusive and may be increased by the amount of VAT according to the provisions of applicable law.

7.10. The User is obliged to pay all such fees and taxes relating to his use of the services available on the Platform on time. If certain payment method fails or an invoice is overdue, Gamivo reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.

7.11. Any User who requests to make a payment through one of the payment channels available on the Platform acknowledges and agrees that the payment would be made through websites of the payment services providers and that he will duly read and accept the terms and conditions available on such websites before making a payment.

7.12. In the case of problems related to the payments made through websites of the payment services providers, the User should contact the payment services provider.

7.13. The User confirms and asserts that the funds used to pay for any products and services offered on the Platform come from lawful sources.

7.14. The Merchant entitles GAMIVO to charge the Buyer the total amount due to the Merchant for the Product. The payments made by Buyer for the products purchased from the Merchant would be made by the User to the bank account of GAMIVO. GAMIVO will deduct the applicable commission and charges from the collected funds and transfer the remaining amount to the Merchant. GAMIVO will transfer the funds to the Merchant within 30 days from receiving the payment from the User and after a payout option has been selected by the Merchant unless it is otherwise stipulated in the additional agreements between the Merchant and GAMIVO. The Merchant agrees that GAMIVO sets off its receivables or refunds against the Merchant with the receivables of the Merchant against GAMIVO due on the date of setoff.

7.15. In the case of sale transactions, for which the payment is made by means of credit card GAMIVO accepts and assumes, together with the Merchant, responsibility against the User for a Product sold by the Merchant in the form of a game-key with respect to the order compliance, correct functioning of the Product, potential physical, and legal defects, as well as delivery deadline.

 

8. Customer Protection Program

8.1. Under the Customer Protection Program for an increased price for the Product (on conditions set forth in point 8.2) the Buyer is entitled to receive:

a) the replacement product in the case the purchased Product had any defects or was different from the description;

b) in the case a replacement cannot be granted, refund of the sale price;

8.2. Customer Protection Program is available for an individual Product and the price of participating in the Program is indicated for each product on the product payment page. The Buyer may opt in to participate in the Program by checking the box on the product payment page.

8.3. In order to receive the replacement Product or price refund, the Buyer should contact GAMIVO via the Support section of the Platform.

8.4. GAMIVO will take all reasonable efforts to process a complaint under the Customer Protection Program as soon as possible. In any event, GAMIVO will provide the Buyer, who acts as a consumer, with a response to the complaint within 14 days from the day GAMIVO receives the consumer’s complaint. The funds will be refunded within 7 days from the positive verification of the complaint.

8.5. The Buyer who violated the Terms & Conditions, or has engaged in fraud or abuse of the Customer Protection Program will not be entitled to receive any benefits under the Program. With respect to the Buyers who engaged in fraud or abuse of the Customer Protection Program, GAMIVO has the right to reverse any refund already paid out to such a Buyer.

8.6. Refund of the sale price under the Customer Protection Program will be made in the form of a transfer of funds to the Balance of the Buyer available on his User account. The Balance will amount to the net sale price paid by the Buyer. The Balance may be used to purchase Products on the Platform. The Balance cannot be paid out, transferred to a bank account of the User or redeemed for any other currency.

8.7. The Customer Protection Program is fully available and effective for the Buyer at the moment of the purchase of Products.

8.8. The Buyer, who acts as a consumer, has the right to withdraw from the Customer Protection Program within 14 days without giving any reasons. The period of revocation is 14 days from the day the Buyer buys the Customer Protection Program. In order to exercise the right of revocation, the Buyer must notify the Merchant of his decision to withdraw from the Customer Protection Program by sending an unequivocal declaration (e.g. by post or e-mail). If the Buyer wishes, the Buyer may use the below revocation form, but there is no requirement to do so. The Buyer will be deemed to have complied with the revocation period if he sends his notice of revocation before the mentioned 14-day period expires. If the Buyer revokes this contract, the Merchant is required to refund all payments received from the User in the execution of that contract.

8.9. The Buyer from the European Union, who acts as a consumer, shall bear justified costs incurred by GAMIVO if the Buyer withdraws from Customer Protection Program before the end of the withdrawal period and after giving express consent to begin the performance of the Customer Protection Program before the end of the withdrawal period.

8.10. The Buyer has the possibility of having recourse to an out-of-court complaint and redress mechanism, in particular the Buyer is entitled to make use of the redress mechanism offered on the platform operated by the European Commission which can be accessed through this link: http://ec.europa.eu/consumers/odr/ which was introduced on the basis of the Regulation no 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

8.11. Nothing in this section 8 excludes or limits the application of the statutory protection measures which are applicable in relations with the consumers.

 

9. Prohibited actions

9.1. The User acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:

a) using the Platform for purposes other than the use of services offered by GAMIVO on the Platform, specified in the Terms & Conditions;

b) using the Platform for purposes not permitted by domestic or international law or aimed at the violation of such laws or third party rights, including intellectual property rights, copyrights, personality rights, or rights relating to personal data protection;

c) publishing false or misleading information, which may be detrimental to or may expose GAMIVO, any User or third parties to any harm or damages;

d) impersonating another person or entity, whether existing or fictional or falsely maintaining to be related to any other person or entity, which may be caused or may expose GAMIVO, any User or third parties to any harm or damages;

e) circumventing or disabling the Platform’s security;

f) defaming, offending, or deceiving other Users of the Platform;

g) breaking the Platform’s source code or any parts thereof,  manipulating it in any way, or modifying, adapting, translating the Platform or any parts thereof, or creating any derivative works on its basis;

h) disturbing the Platform’s activity or disturbing other Users in using the Platform, in particular by uploading and circulating viruses or any other detrimental software such as adware, spyware, etc;

i) discovering access passwords of other Users or breaking into the accounts of other Users, including any attempts thereto;

j) making payments with the use of funds from unlawful or undisclosed sources, in particular coming from other people or stolen credit/debit/prepaid cards;

k) using the Platform for money laundering purposes or any related fraudulent or criminal activities.

9.2. Any person whose rights were violated by any content published on the Platform is obliged to notify GAMIVO of the violation at the following email address: support@gamivo.com, customer service phone number: +356 99 543 688 or preferably through the Support section of the Platform The notifications should indicate:

a) the right violated and the confirmation of the title to such rights;

b) the data, and the location of the data on the Platform, or the website which constituted or caused the violation,

c) the evidence, including documents, proving the legal title to the data and the right to take the actions in order to protect such right,

d) statement that the User has no right to such data;

e) personal data of the person filing the notification whose rights were violated, including name, surname, residential address, email address, and in the case of legal persons - business name and the address of the registered seat, which will be processed by GAMIVO according to the Terms & Conditions.

9.3. Upon receipt of a credible notification, GAMIVO will immediately remove the data from the Platform and inform the User who is responsible for making available of this data on the Platform that a notification has been filed.

9.4. The User may reply to the notification by presenting the evidence which proves his rights to make available the data indicated in the notification, such as license or ownership rights to the game.

9.5. In the case any dispute arises with respect to the violation of rights, the Merchant will take all reasonable efforts to ensure the dispute is settled amicably. Only if the Merchant, and the person filing notification reach the agreement, and a copy of the agreement in writing signed by the authorized persons are sent to GAMIVO, the data may be restored on the website according to the provision of the agreement.

9.6. The data will be indefinitely deleted from the Platform in the case:

a) it is not possible to determine the User who made available the data on the Platform,

b) the User does not respond to the notification within fourteen days from the date when the information about such notification was sent to the user by GAMIVO,

c) the User presents no evidence that he is entitled to make available the data,

d) the User fails to conclude an agreement with the person filing the notifications, which will allow for further publication or use of the data by the User on the Platform,

e) notification is submitted by competent authorities,

f) GAMIVO receives credible information that the data available on the Platform is illegal or unlawful, even if no notification was filed.

 

10. Intellectual Property and personal data protection

10.1. GAMIVO owns all intellectual property rights to and in the Platform, and in the materials published on it, except for the texts, photography, software or other materials uploaded, transmitted, made available or published by the Users. The intellectual property rights of GAMIVO are protected by copyright laws around the world. All such rights are reserved.

10.2. Within the scope permitted by applicable law, by adding any content to the Platform, the User grants GAMIVO a non-exclusive, worldwide, permanent, irrevocable and free license to use the content uploaded to the Platform. The license includes the rights to use the content for any and all purposes and in particular reproduction with use of all techniques, including digital, distribution of copies and dissemination in all channels (in particular Internet and Platform itself), replication, modification, translation, making available the work to the public in such a manner that anyone could access it at a place and time selected thereby, creation, use and disposal of works derived from the user content, any other actions related to daily operation and promotion of the Platform. By uploading any content, the User confirms that it is entitled to grant such a license (i.e.  covering exploitation of any and all IP rights related to copyrightable works, databases, images of natural persons and any other objects of applicable IP laws). The license is granted for an unspecified period of time; the notice of termination may be submitted by the User the earliest along with termination of the User status with one-year notice period (effective as of the end of the calendar year). Along with the license, the User grants GAMIVO a right to modify content uploaded to the Platform, to use and dispose of derivative works to the content uploaded to the Platform and to exercise derivative copyrights applicable thereto vis-à-vis third persons – all on the fields of exploitation listed above in this section 11.2.

10.3. Unauthorized use, copying, modification or publication of any content or materials available on the Platform without obtaining a license to do so from GAMIVO is strictly forbidden.

10.4. GAMIVO is a data controller of any User’s personal data. Your personal data will be processed by GAMIVO for the purposes specified in these Terms and Conditions, in particular in point 6.1, for the purposes of settlement of complaints and marketing of products and services of GAMIVO. Processing of your personal data for the above purposes is lawful as it is necessary for the performance of a contract concluded with the User and for the purposes of legitimate interests pursued by GAMIVO i.e. marketing of own products and services of the data controller. User’s personal data may be transferred to Moldova. GAMIVO may store personal data outside EEA, i.e. in Moldova. GAMIVO uses appropriate and suitable safeguards required by provisions on personal data protection such as Standard Contractual Clauses when transferring personal data outside the EEA. The personal data will be stored for the period of 6 years from the date of their last modification. The User has the right to request from GAMIVO access to and rectification or erasure of his/her personal data or restriction of processing or to object to processing as well as the right to data portability. The User has also the right to lodge a complaint with a supervisory authority. A collection of User’s personal data is entirely voluntary, however, if the User does not provide GAMIVO his personal data GAMIVO will not be able to perform a contract with the User and to process personal data for the purposes mentioned above. In the case of any questions or inquiries concerning your personal data please contact support@gamivo.com, customer service phone number: +356 99 543 688.

 

11. Liability

11.1. With regard to the Users, who do not act as consumers, GAMIVO is not responsible with respect to any damages resulting from:

a) the use of the Platform, accessing it or the inability to use the Platform by a  User due to force majeure or any other reasons beyond GAMIVO control, including the damages caused by the viruses which may be transferred to the Platform or through the Platform by third parties;

b) the infringement of law in force, Terms & Conditions or any third party rights by the User, in particular in relation to any damages caused to third parties by the Merchant as a result of violating copyrights, industrial property rights or personal data protection; 

c) violation by the User of these Terms & Conditions, including submission of false data or submission of false or untrue statements or providing access to private data or information to the third party;

d) any harm, damage, claims, compensation, nonpecuniary damages in relation to claims of one User against another User;

e) any harm, damages, claims, compensation, nonpecuniary damages, physical and legal defects of Products and services sold through the Platform by Merchants against Buyers;

f) non-performance, undue or improper performance of the sale agreement between the User and the Buyer, neither against the Merchant nor against the User;

g) the Products purchased on the Platform not meeting the description provided by the Merchant, in terms of quality, legality, durability, functioning, lack of legal and physical defects, including the potential infringement of third parties rights in particular related to the copyrights, or being no fit for their purpose.

11.2. GAMIVO is not responsible with respect to any damages resulting from the accounting and tax settlements of the Users as well as the compliance of their tax returns, ledgers and accounting books with the applicable laws.

11.3. The Merchant is fully responsible for all and any actions specified in point 11.1. b). If any claims are raised against GAMIVO related to the violations committed by the Merchant, the Merchant shall:

a) bear all and any costs related to the proceedings related to such violation,

b) indemnify GAMIVO any costs that GAMIVO incurred with respect to such proceedings, including the costs of legal advice, fees, penalties, participation in such proceedings and any other related charges, in particular, the Merchant shall cover any and all costs and expenses incurred by GAMIVO resulting from the claims raised against GAMIVO connected with the breaches referred to in point 12.1. b) of these Terms & Conditions.

c) replace GAMIVO in such proceedings or participate in the proceedings as an intervener.

d) Provide immediate and effective assistance to GAMIVO in responding to claims raised.

11.4. In any case, the total liability of GAMIVO against the Merchant is limited to EUR 500. Any claim of the Merchant against GAMIVO should be raised and communicated to GAMIVO within fourteen days from the occurrence of the damage.

11.5. The Merchant is fully responsible for and will indemnify GAMIVO against any tax arrears (including interest for late payments and penalties resulting thereof) which occur as a result of the Merchant’s actions or omissions, including in particular missing or incomplete information about the tax status of the Merchant or missing or incomplete information resulting in tax obligations of GAMIVO. The liability prescribed at this point will continue also in the case the Merchant ceases to use the Platform.

11.6. Using malicious software (scripts, bots, hacks) for the purpose of gaining an unlawful advantage over the competition or to abuse any of the promotions or deals available on the Platform is prohibited. Any accounts and Users associated with such actions will be held responsible. This may result in the account(s) being terminated and any due money withheld from being returned and/or paid to the User(s).

 

12. Complaints procedure

12.1. Any complaints related to the services rendered by GAMIVO, in particular with the functioning of the Platform and Customer Protection Program, should be sent by email to the following email address: support@gamivo.com, customer service phone number: +356 99 543 688. The complaint should be resolved within fourteen days from the date of delivery of the complaint to GAMIVO.

12.2. Any complaints related to the Products purchased through the Platform should be filed to the Merchant through GAMIVO. The complaints should be sent to the email address: support@gamivo.com, customer service phone number: +356 99 543 688 and will be further passed to the Merchant.

12.3. Any complaint should include a detailed description of the problem, any evidence which may serve to prove the problem and the suggested solution satisfactory for the User.

12.4. The support services related to processing and verification of the complaints are rendered by third party company under the laws of the Republic of Moldova with its seat in Chisinau, bad. Moscova 17/1 ap.71; c/f 1011600004517; MD-2068; c/b 2251603960MD.

12.5. The Merchant is obliged to notify GAMIVO of any disputes between the Buyer and the Merchant related to Products purchased on the Platform or payment for the Products within fourteen days from the date when the dispute arises. In the case, the Merchant fails to notify GAMIVO about the dispute within the prescribed deadline, GAMIVO will not be obliged to settle any complaint concerning the said dispute and will be released from any liability arising from or related to such dispute.

 

13. Final provisions

13.1. The agreement between the User and GAMIVO for the provision of services specified in point 6.1 is concluded for an indefinite period of time.

13.2. The User and GAMIVO have the right to terminate the agreement.

13.3. GAMIVO may terminate the agreement without a cause by deleting User’s account or blocking User’s access to the Platform upon a fourteen days’ written notice.

13.4. The User may terminate the agreement without a cause at any time by requesting GAMIVO to delete the User’s account on the Platform. GAMIVO is obliged to issue a written confirmation of receipt of the request and delete the account within 7 days from receipt thereof. After such period the agreement is terminated.

13.5. In the case of gross violations of the Terms & Conditions, GAMIVO has the right to terminate the agreement with immediate effect.

13.6. The termination of the agreement between User and GAMIVO has no impact on the validity or execution of the agreements concluded between the Buyer and the Merchant as the GAMIVO is not the part of these agreements.

13.7. Any communication with the Platform administration shall be made by email to the address: support@gamivo.com, customer service phone number: +356 99 543 688.

13.8. Without prejudice to the provision of law applicable in relations with the consumers, the Terms & Conditions and any other documents related to the functioning of the Platform and services rendered through the Platform are governed by and should be interpreted in accordance with laws of Malta.

13.9. If any provision of the Terms & Condition proves to be invalid or ineffective, it will not affect the validity of the remaining provisions. Invalid or ineffective provision will be replaced by such valid provision which reflects the economic value, the intention of the parties and objective of the invalid or ineffective provisions to the highest extent. The pertinent clause does not apply to the Users who act as consumers.

 

Revocation form

(complete and return this form only if you wish to withdraw from the contract)

 

Attn: Name and address of the Merchant

I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following Products:

  • ordered on (*)/ received on (*)
  • name of the customer(s)
  • address of customer(s)
  • date
  • signature of the consumer(s) (only if this form is sent on paper),
  • date

(*) Delete where applicable