- Términos y Condiciones
Terms and Conditions
1. General Provisions
Please note that the Terms and Conditions may change from time to time in accordance with the procedure provided in Section 3 below. Before placing any order, STARTGAMING strongly recommends that Customers read the Terms and Conditions to fully familiarize themselves with the particular terms under which the order will be placed.
1.5.1. Account – an account that gives the customer the ability to use the Services provided on the Website and obtain all the benefits.
1.5.2. Customer – a person who has registered an Account on the Website and/or intends to purchase a Product using the Services provided by STARTGAMING.
1.5.3. Order – a placement of an instruction for the purchase of digital goods or services by a Customer through the Website.
1.5.5 Product – digital content that has accounts, virtual currencies and can only be used on the Client’s computer platform.
1.5.6. Sales Contract – any contractual agreement between the Customer and Seller that obligates Seller to transfer ownership of the Digital Content to the Customer and the Customer to pay the price for the Digital Content.
1.5.7. Service – one of the services provided by STARTGAMING as described in these Terms and Conditions.
1.5.8. Terms and Conditions – this set of rules that determines the rights and obligations of the Customers and STARTGAMING and the use of the Website terms.
1.5.9. Website – a website accessible on the Internet platform under the address: www.startgaming.net.
2. Applicability of the Terms and Conditions
2.1. Customers who are prohibited from using the Website due to regulations of state or regional restrictions, including the country/region of current residence of the Customer and the place of use of the Services, should refrain from using the Website.
2.2. The Client confirms that he/she is at least 16 (sixteen) years old or reached the age required by the laws of the respective countries, which allows them to assume responsibility for obligations arising from contractual relations and to have full capacity to take legal action. Furthermore, the Customer confirms that there are no restrictions under the laws of the respective countries to use the Services provided by STARTGAMING.
2.3. STARTGAMING has the right to make changes and modifications to these Terms and Conditions, including the right to draft new provisions and withdraw old ones, at its own discretion, unilaterally and at any time, post the modifications to the Terms and Conditions on the Site. Website. It is the Customer’s obligation to periodically check whether the Terms and Conditions are subject to change. By continuing to use the Website and the Services, the Customer confirms that it is subject to all changes in the Terms and Conditions. Changes to the Terms and Conditions shall become effective 10 (ten) days after the posting on the Website, unless explicitly stated otherwise.
2.4. STARTGAMING communicates with the Customer by sending e-mails or by sending notices through the electronic system of the Website Account. The Customer unconditionally agrees to receive communications electronically and agrees that all agreements, notices, disclosures and other communications that STARTGAMING provides electronically comply with all legal requirements for such written communication.
3. Forming a contract of sale
3.1. Each order placed by the Customer through the Website shall be deemed to be an offer by the Customer to purchase products subject to these terms and conditions. STARTGAMING has the right to verify the Customer’s method of payment, billing and shipping addresses before accepting the Customer’s Order. STARTGAMING will accept expressly by notice of acceptance, or impliedly by fulfillment of the Order, in whole or in part. Any form of acceptance by STARTGAMING shall result in a Sales Contract between Seller and Customer, governed by these Terms and Conditions.
3.2. The Customer may purchase Products (accounts and virtual currencies) to activate games through the game platform. No order will be considered accepted by STARTGAMING until the ordered Products (digital products) are available and the Customer receives the corresponding confirmation email. STARTGAMING will attempt to notify the Customer in the event STARTGAMING refuses to accept an Order using the email address or other contact information the Customer provided with the Order. Once the account and virtual currency has been validated (by being accepted by the platform), it will be considered as «used».
3.3. No terms, conditions or specifications (or any similar wording or documents), delivered or contained in the Customer’s Order, shall form part of the Sales Contract signed in the Order Confirmation merely as a result of such document, which is referred to in the Sales Contract, and the Customer waives any rights as it would otherwise have to rely on such terms.
3.4. STARTGAMING will execute orders according to the Customer’s requirements, but may, at its sole discretion, provide substitute products when requested by the Customer or when the product has been replaced by the latest version. For the avoidance of doubt, any prior customization of such Customer requests shall not be construed as prior contractual performance upon which a Customer may require STARTGAMING to continue to respond to such requests in the future. To the extent that Orders cannot be fully fulfilled from inventory, the unsatisfied balance (at Customer’s option) will be placed on Backorder to be fulfilled when STARTGAMING has stock on hand or cancelled and returned to Customer.
3.5. Both STARTGAMING and Customer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not included in the Sales Contract signed in the Order confirmation or in any confirmation email; however, such confirmation email does not constitute a modification of the Terms and Conditions governing such Sales Contract. Nothing in these Terms and Conditions shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.
3.6. Instructions for making payments through the Website can be found here. These instructions are an integral part of our Terms and Conditions.
4. Termination and Refunds
4.1. Taking into account the digital nature of the Products (accounts and virtual currencies) marketed and sold through the Website, the Customer may submit a refund request on the absolute condition that the Product (accounts and virtual currencies) purchased has not been reviewed on the STARTGAMING platform. Refund requests must be completed through the Customer Service section of the Website within 14 (fourteen) days after delivery of the Product (accounts and virtual currencies) by STARTGAMING to the Customer.
4.2. Please note that STARTGAMING cannot normally verify whether the Product has been used after purchase. Therefore, in accordance with the law, the Customer accepts and acknowledges that he/she will lose his/her right of withdrawal and to request a refund, as soon as the Customer checks the Product (accounts and virtual currencies).
4.3. After the Product has been reviewed on the STARTGAMING platform, the Customer is entitled to obtain a refund from STARTGAMING provided that:
4.3.1. some content is missing, the version is incorrect, the data is for a different platform, etc.); or
4.3.2. the Product (accounts and virtual currencies) does not work as expected (indicated as invalid or used when the Customer tries to activate it on the correct platform).
4.4. If the Customer’s refund request is granted, STARTGAMING will return the money paid by the Customer to the same source from which the original payment was made, or, in case of the Customer’s express consent, to STARTGAMING’s wallet.
4.5. In order for the Customer to exercise its rights under Section 4.3, the Customer must provide STARTGAMING with sufficient proof of the relevant defects as well as proof of the existence of such defects at the time of purchase of the Digital Product.
5. Product Pricing
5.1. The prices of the Products shall be as quoted on our website from time to time. STARTGAMING takes all reasonable care to ensure that the prices of the Products are correct at the time the relevant information was entered into the system. However, if we discover an error in the price of the Products you ordered, Section 5.3 will apply.
5.2. The prices of STARTGAMING Products may change from time to time, but the changes will not affect any Contract of Sale already concluded.
5.3. STARTGAMING’s website contains a large number of products. It is always possible that, despite STARTGAMING’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If STARTGAMING discovers an error in the price of Products that Customer has ordered, STARTGAMING will write to Customer to inform Customer of this error and STARTGAMING will give Customer the option to continue purchasing the Product at the correct price or cancel the Order. STARTGAMING will not process Customer’s Order until STARTGAMING has Customer’s instructions. If STARTGAMING is unable to contact Customer using the contact details provided by Customer during the Order process, STARTGAMING will treat the Order as cancelled and notify Customer. Please note that, if the pricing error is obvious and unambiguous and could reasonably have been recognized by the Customer as a false price valuation, STARTGAMING does not have to provide the Products to the Customer at the incorrect (lower) price.
6. User accounts
6.3. All persons wishing to have access to all Services provided by STARTGAMING, must agree to STARTGAMING’s requirement to have access to the use of tools to locate the Account Manager’s computer device in order to identify the country from which the registration is made.
6.4. At any time, if STARTGAMING thinks that the Account has a high risk of causing harm to any person, STARTGAMING has all rights to suspend the use of the Account by restricting access to the Account registration, holding transactions, etc. After the risk is eliminated (at STARTGAMING’s sole discretion), STARTGAMING will reactivate the Account. In the situation that the administrator of an Account violates the law or these Terms and Conditions, STARTGAMING has the right to block the Account. STARTGAMING shall have the right to suspend or block the use of the Account if and when, based on STARTGAMING’s opinion, any other circumstances occur that may result in risk to any person or breach of law.
6.5. STARTGAMING also has the right to request Customers to send eligible documents (copies or scans) to authenticate the appropriate information that was filled in the registration form. If the required documents are not sent within 10 (ten) days, STARTGAMING has the right to suspend access to the Account or to withhold any other action taken by Customers.
6.6. Customers are responsible for reasonable care of the Account and must ensure that the email address is up to date. STARTGAMING is not responsible for situations where Customers do not receive information due to their negligence.
6.7. In the situation when STARTGAMING decides that the Website needs to be modernized or has technical problems, STARTGAMING has the right to restrict the ability to log in to the Account or use the respective Services or even general access to the Website.
6.8. Customers acknowledge that providing any information about their Account could cause damage to STARTGAMING or third parties. They are responsible for securing such information and, in the event that they cannot guarantee it, Customers are responsible for eliminating all damages caused.
6.9. The Client shall not use other Accounts and shall not make its Accounts available to another Client or third parties. The exception to the rule in this Section above shall be to allow any employee or other duly authorized person of the Client to act on behalf of the respective Client. However, all liability for the actions and results of persons who have access to the respective Customer’s Accounts shall be borne by the respective Customer.
7. Terms and Conditions of Use
7.1. Pursuant to these Terms and Conditions, STARTGAMING grants Customers a limited, non-exclusive, non-transferable, non-transferable, non-delegable license to access and make personal, non-commercial use of the Services provided by STARTGAMING. Such license is strictly limited to the functions of the Website.
7.2. After providing the supporting data, the account owner agrees that the client sharing access with him is a relative (living with him).
7.3. All rights of STARTGAMING or its licensors, suppliers, owners or other persons are protected, even if not expressly guaranteed in these Terms and Conditions.
7.4. Any intellectual property objects on the Website, except those uploaded, transmitted, made available, published by Customers, as well as the selection, organization, coordination, compilation of materials and the general layout and nature of the Website constitute the intellectual property of STARTGAMING. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights.
7.6. STARTGAMING is allowed to provide Customers with hyperlinks on the website to suppliers of other Products (i.e. banners, channels) that take them to the websites of such suppliers. STARTGAMING is not responsible for the certainty, accuracy or reliability of the information presented by the aforementioned suppliers. STARTGAMING recommends reading all documents on the providers’ sites. Customers acknowledge that STARTGAMING has no control over the actions of these suppliers.
7.7. Customers including, but not limited to, confirm and affirm that:
7.7.1. will not post any improper or faulty information that may be detrimental to STARTGAMING, other Clients or third parties;
7.7.2. they will not upload or disseminate any information on the Website that may violate laws, contractual agreements or third party rights. Such infringing information could be copyrighted material, personal data, trade secrets and other;
7.7.3. shall not provide any false information that may mislead other Customers;
7.7.4. shall not attempt to hack, modify, disable or otherwise affect the Web Site or compromise its security; 7.7.5. shall not use the Web Site in any way that is likely to mislead other Customers;
7.7.5. not use the Website for any purpose other than that for which it is intended to be used having regard to the purposes of STARTGAMING’s services;
7.7.6. shall not attempt to collect any personal data found on the Website’s system and shall not offend or mislead other Customers;
7.7.7. shall not use the Website for any unlawful purpose or to violate any law;
7.7.8. you will not attempt to interfere with the operation of the Website or prevent other Customers from using the Website (or make it difficult for them to use the Website);
7.7.9. shall not engage in transactions involving money from illegal sources; 7.7.10. shall not engage in transactions involving money from illegal sources;
7.7.10. By posting or publishing their own materials on the Website or by any other distribution of the same to STARTGAMING, the Client grants an irrevocable, permanent and free license to use these materials, including but not limited to the present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create related or unrelated content, for the sole purpose of a more adequate functionality of STARTGAMING and the Website.
8. Obligations of STARTGAMING.
8.1. STARTGAMING will cooperate with Customers with respect to all questions regarding the proper provision of Services. Communication between STARTGAMING and the Customers will take place through the help center or e-mail on the website.
8.2. STARTGAMING will provide Clients with technical assistance whenever they encounter any problems in relation to the functionality of the Account and the Website.
9. Customers’ Obligations.
9.1. Customers agree and acknowledge, including without limitation, that:
9.1.2. They will not act in a way that may have a negative effect on STARTGAMING, other Customers or third parties so as to cause damage, damage reputation and etc.;
9.1.3. shall not use STARTGAMING’s services on the Website or on the Site itself for illegal purposes or in any other way that is not acceptable; 9.1.4. shall not use STARTGAMING’s services on the Website or on the Site itself for illegal purposes or in any other way that is not acceptable;
9.1.5. You will not use more than one Account to purchase Products or use STARTGAMING Services on the Website and will not use VPN connection.
10.1. If STARTGAMING fails to comply with these Terms and Conditions, STARTGAMING is liable for loss or damage suffered by the Customer that is a foreseeable result of STARTGAMING’s breach of these Terms and Conditions or STARTGAMING’s negligence, but STARTGAMING will not be liable for any loss or Damage that is not foreseeable. Loss or Damage is foreseeable if it was an obvious consequence of STARTGAMING’s breach or if it was contemplated by the Customer and STARTGAMING at the time of the conclusion of the Sale Agreement.
10.2. Seller only supplies the Products for domestic and private use. Customers agree not to use the Products for commercial, trade or resale purposes, and STARTGAMING shall have no liability to Customers for any loss of profit, loss of business, business interruption or loss of business opportunity.
10.3. The Customer acknowledges that STARTGAMING is only an intermediate platform for marketing the Products purchased through the Website and has absolutely no involvement in the actual design and manufacture of such Products and further agrees that these limitations shall apply notwithstanding any failure or essential purpose of any limited remedy.
11. Events Beyond STARTGAMING’s Control.
11.1. STARTGAMING shall not be liable for any failure or delay in the performance of any of STARTGAMING’s obligations under these Terms and Conditions that is due to an Event Outside STARTGAMING’s Control. An Event Outside STARTGAMING’s Control is defined below in Section 11.2.
11.2. An Event Outside STARTGAMING’s Control means any act or event beyond STARTGAMING’s reasonable control, including, without limitation, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or inability to use railroads, shipping, aircraft, road transport or other means of public or private transport.
11.3. If an event beyond STARTGAMING’s control occurs that affects the performance of STARTGAMING’s obligations under these Terms and Conditions:
11.3.1. STARTGAMING will contact affected Customers as soon as reasonably possible to notify them; and 11.3.2.
11.3.2. STARTGAMING’s obligations under these Terms and Conditions shall be suspended and the time for performance of STARTGAMING’s obligations shall be extended for the duration that the Event is beyond STARTGAMING’s control.
12.2. The complaint must provide this information:
12.2.1. information about the order in respect of which the complaint arose;
12.2.2. what rights have been violated;
12.2.3. description of the circumstances under which the rights were violated.
12.3. If the Customer purchased the Product, but has not reviewed it on the STARTGAMING platform, he/she has the right to request a refund within 14 (fourteen) days after the completion of the Purchase. In such a case, STARTGAMING is obliged to refund money to the Customer and the Customer is obliged to return the Product to STARTGAMING without reviewing it.
12.4. Any dispute, controversy or claim, arising out of or relating to these Terms and Conditions, their breach, termination or validity shall be finally settled in the respective court of the Republic of Cyprus subject to the rules of jurisdiction.
13.1. The Customer may terminate the agreement with STARTGAMING by deleting his Account from the Website. This can be done by sending the request to the system of his account. STARTGAMING deletes the Account within 7 (seven) days after the day the request was sent. During this period, the Customer has the right to cancel the deletion of the Account.
13.3. During the period of termination of the contract, the Customer may not create another Account on the Website.
14. Final Provisions
14.2. Without STARTGAMING’s permission, Customers are not entitled to transfer their obligations, claims or rights to third parties. Clients agree that STARTGAMING shall be entitled to transfer its rights and obligations arising from the Agreements to third parties. STARTGAMING shall inform of such transfer on the Website.
14.3. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions that is held to be illegal, invalid or unenforceable only in part or to a certain extent shall remain in full force and effect to the extent that it is not held to be illegal, invalid or unenforceable.
14.4. These Terms and Conditions and the relationship between STARTGAMING and the Customers with respect to these Terms and Conditions (which includes the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and construed in accordance with the laws of the Republic of Cyprus.
Except as otherwise provided in these Terms and Conditions, no delay by STARTGAMING or the Customer in exercising any right or performing any obligation under these Terms and Conditions shall be deemed a waiver of such right or an excuse from the performance of such obligation and the separate or partial performance of any obligation. The separate or partial exercise of any right shall not mean that this obligation is not to be performed or that this right will not be exercised in the future.
14.6. All data and information stored on the website may be used by STARTGAMING on purpose for its operation.
14.7. Communication with STARTGAMING support is done through the e-mail address [email protected]
14.8. The laws of different countries may make some Customers unavailable to use the respective services of the Website.
14.9. In the event that the Terms and Conditions are translated into other languages and, if there are differences between the English version and such translation, the English version shall prevail, unless otherwise indicated.