TERMS AND CONDITIONS OF THE SITE NSTECK.COM
Whereas
(i) NSTECK.COM possesses and operates the Site integrating various tools and features designed to help Digital Products Suppliers (DPS) and/or Suppling Users to sell various products, especially game activation codes, by enabling them to set up their Digital Products Suppliers (DPS)’ Stores on this website or any subpages;
(ii) this Site also allows to search for and view products offered by the Digital Products Suppliers (DPS)’ Stores, as well as to manage purchases from Digital Products Suppliers (DPS)’ Stores;
(iii) NSTECK.COM is never a Buyer and usually not the SUPPLIER, unless otherwise indicated on the Site, thus NSTECK.COM habitually does not purchase digital content from Digital Products Suppliers (DPS) and Suppling Users and does not re-sell digital content to Users;
(iv) the offers and sales performed within Digital Products Suppliers (DPS)’ Stores are made between particular Digital Products Suppliers (DPS) or Suppling Users and Users while NSTECK.COM only provides tools and technology to host, set up and operate the Digital Products Suppliers (DPS)’ Stores, search and view products offered by the Digital Products Suppliers (DPS)’ Stores, as well as manage the purchases made from the Digital Products Suppliers (DPS)’ Stores, and provides certain additional services to the Users aimed at improving safety, speed and certainty of the transactions;
- this document defines legal (contractual) relations between NSTECK.COM and Users and between NSTECK.COM and Digital Products Suppliers (DPS) with NSTECK.COM acting as an administrator of the Site;
- this document does not define legal (contractual) relations or terms and conditions between Users and Suppling Users and between Users and Digital Products Suppliers (DPS);
- these terms shall not be applicable for (i) Buyers domiciled/registered in Russian Federation, or Buyers who enter into transactions through the Site with Digital Products Suppliers (DPS) domiciled/registered and/or VAT registered in Russian Federation (who shall be subject to the Terms and Conditions of the Site NSTECK LTD for the Buyer available on https://www.NSTECK.com/page/terms-and-conditions-for-users or (ii) Digital Products Suppliers (DPS) domiciled/registered and/or VAT registered in Russian Federation, or Digital Products Suppliers (DPS) who enter into transactions through the Site with Buyers domiciled/registered in Russian Federation (who shall be subject to the Terms and Conditions of the Site NSTECK LTD for the SUPPLIER available on https://www.NSTECK.com/page/terms-and-conditions-for-SUPPLIER
- this document does not cover the terms of use for receiving and making payments through the Site, which are provided by external payment providers in separate document (“NSTECK Pay Terms and Conditions”): using their services, Users are agreeing to be bound by their terms of service, as they may be amended from time to time;
- in particular, this document does not determine conditions specific for transactions and contracts being concluded between Users and Suppling Users and between Users and Digital Products Suppliers (DPS) such as: prices, content, quality, safety and legality of game activation codes, warranty and liability with regard to Suppling game activation codes. NSTECK.COM employs certain controls to verify if the products offered via a given SUPPLIER’s Store are compliant with these Terms and Conditions, however NSTECK.COM does not verify and warrant the veracity and accuracy of data provided by Users or SUPPLIER; each SUPPLIER’s Store is responsible for all activity and content generated within the respective SUPPLIER’s Store;
- notwithstanding the above – given NSTECK.COM is a commerce provider of tools and technology allowing Digital Products Suppliers (DPS) and Suppling Users to set up their Digital Products Suppliers (DPS)’ Stores, and, merely for purposes related with care for NSTECK.COM brand, and avoiding unfair practices on the SiteNSTECK.COM reserves the right to establish basic set of activities prohibited on the Site as further mentioned in these Terms and Conditions.
Definitions
Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.
Adjustments – means any and all refunds, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the SUPPLIER or Suppling User and/or from NSTECK.COM as a result of the SUPPLIER’s or Suppling User’s breach of these Terms and Conditions, law or any Intermediate Body Scheme Rules (which are applicable to given SUPPLIER or Suppling User).
Claim – assuming the meaning given to it in section 6.23 let. c) (i) of the Terms and Conditions.
consumer – means any User, who is a natural person and who acts in these Terms and Conditions for purposes, which are outside his/her trade, business, craft or profession.
Durable Medium – any instrument which enables the User or the SUPPLIER or NSTECK.COM to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the information.
Electronic services - performance of the service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via telecommunications network.
Agreement on rendering Electronic services – the agreement concluded between NSTECK.COM and User, SUPPLIER or Suppling User by the acceptance of these Terms and Conditions.
NSTECK.COM – NSTECK.COM LIMITED with its registered office in United Kingdom, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, United Kingdom; OR the company NSTECK LTD with its registered office at 401 Ryland St, Suite 200-A Reno, Las Vegas, NV 89502, USA, depending on which of them is a party to the agreement in accordance with further provisions of these Terms and Conditions.
NSTECK Balance - means a personalized electronic payment instrument where are accumulated funds (balance) by the SUPPLIER or Suppling User and is used in order to make or receive payments and/or pay-outs at the SUPPLIER’s or Suppling User’ discretion.
MP Marketing Program or MP – a partnership program defined in separate regulations, allowing Users to search for persons purchasing products and services offered through the Site and to benefit from the situation where purchase of goods or services is made by a person found in this way.
Intermediate Body - means an institution which participates in the transfer of payment between the User and the SUPPLIER’s Store due to purchase of digital products, or services offered by the relevant SUPPLIER on the SUPPLIER’s Store, in particular banks, settlement agents, entities operating payment systems, card organizations, electronic money institutions, payment service provider, or financial institution.
Intermediate Body Scheme Rules - means all current and future bylaws, rules, regulations, interpretations and other guidelines promulgated by any Intermediate Body from time to time.
Penalties - means any fine or amount (including any associated costs) which may be levied on NSTECK.COM and/or the SUPPLIER’s Store by an Intermediate Body due to breach or violation of Intermediate Body Scheme Rules referred to and/or connected to a prior sales transaction.
Privacy and Cookies Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by NSTECK.COM.Privacy and Cookies Policy constitutes a separate document.
SUPPLIER – an entrepreneur operating in any form who sells its goods or services, including digital content, to Users particularly via his/her SUPPLIER’s Store. The SUPPLIER may also purchase goods/products from other Digital Products Suppliers (DPS)’ Stores.
SUPPLIER’s Store - a dedicated separated space within the Site, hosted by NSTECK.COM, with a unique name and unique web address as a subpage in the main domain NSTECK.com, operated by the SUPPLIER or the Suppling User, for whom NSTECK.COM provides tools and functionalities to host, create, modify and operate his/her own online dedicated store within the Site.
Suppling User – a natural person, who is not an entrepreneur or who does not act as an entrepreneur when using this Site, Suppling via his/her SUPPLIER’s Store and being the owner of game activation codes in the digital form.
Site – a group of affiliated websites made available on the Internet from the address: www.NSTECK.com, other than these available from the address: www.NSTECK.com/MP.
Service – a service described below in point 1.9.
Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Digital Products Suppliers (DPS) and NSTECK.COM.
User – any person buying a Product from a SUPPLIER's Store and/or who has registered on the Site.
All provisions of these Terms and Conditions concerning the User apply also to the Suppling User, whereas all provisions concerning the Suppling User apply only to the Suppling User. The User may (but does not have to) possess the status of the Suppling User at the same time. Every Suppling User possesses the status of the User at the same time.
1. Applicability and Acceptance of the Terms and Conditions
1.1. The User and the Supplier hereby agree to and accept these Terms and Conditions and the Privacy and Cookies Policy as a whole and without reservations. Any User willing to participate in the MP Marketing Program is obliged to accept separate regulations available at the following address: www.NSTECK.com/MP. Acceptance of these Terms and Conditions is a condition of rendering Services.
1.2. Users unable to conclude a legally binding agreement with NSTECK.COM, with Suppling Users or with Digital Products Suppliers (DPS) and those who are prohibited from using the services due to the regulations of the State or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Site. The User hereby confirms that he or she is at least eighteen (18) years old (or has reached another age which in light of his or her domestic law entitles the User to conclude legally binding agreements), has full capacity to take legal actions and agrees to these Terms and Conditions. Should the User act for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – he or she hereby asserts NSTECK.COM that they are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.
1.3. The SUPPLIER hereby confirms that it is an entrepreneur and accepts these Terms and Conditions. Where the SUPPLIER uses the Site for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – hereby asserts NSTECK.COM that he or she is authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such SUPPLIER is of the same effect as if they were accepted by such third party. The SUPPLIER states that there are no factual or legal grounds preventing him from the conclusion of this agreement with NSTECK.COM and contracts with the Users concluded through his/her SUPPLIER’s Store.
1.4. NSTECK.COM reserves the right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular (i) a change in the scope of economic activity carried out by NSTECK.COM, (ii) the need to adjust the provisions of these Terms and Conditions to the applicable law, including case law of common courts or new resolutions, decisions, recommendations or other acts issued by the authorities authorized to issue binding regulations, (iii) in order to ensure proper functioning of the Site, (iv) in order to introduce new products or services offered by NSTECK.COM or to highlight new product categories introduced by the Digital Products Suppliers (DPS) on their respective Digital Products Suppliers (DPS)’ Stores, (v) modifying the functionality of products, services or service delivery methods due to technological considerations, (vi) and to ensure the safety and security of the Users, Digital Products Suppliers (DPS), Suppling Users, (vii) changes in the amount of fees and commission charged by NSTECK.COM due to NSTECK.COM economics’ decision, or (viii) in order to preventing abuse or crime.
In this case, NSTECK.COM shall inform the Users, Digital Products Suppliers (DPS), Suppling Users of the changes, by sending them a copy of the amendments on the durable medium, (for example via e-mail) and a revised version of the Terms and Conditions, no later than fifteen (15) days prior entry into force to the planned amendments.
If the User, SUPPLIER, Suppling User does not accept the providing amendments to these Terms and Conditions, he or she shall have the right to terminate the Terms and Conditions concluded with NSTECK.COM before the expiry of the notice period. Such termination shall take effect within fifteen (15) days from the receipt of the notice.
Without prejudice to the above, NSTECK.COM may amend these Terms and Conditions without the fifteen (15) days period referred to above, with immediate effect, if: (i) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner which does not allow it to respect the aforementioned fifteen (15) days’ notice period, (ii) has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to the Site’s operation, as well as defending the Site,, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.
1.5. In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail, unless otherwise provided or unless such apparent inconsistency arises out of a difference in legal requirements in a specific country.
1.6. Users or Digital Products Suppliers (DPS) may conclude with NSTECK.COM, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and NSTECK.COM (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions.
1.7. When using any services or sending e-mails to NSTECK.COM, the User and the SUPPLIER communicate with NSTECK.COM electronically. NSTECK.COM communicates with Users and Digital Products Suppliers (DPS) by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the User and the SUPPLIER consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that NSTECK.COM electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
1.8. As part of the Site – within the scope of agreements concluded between the SUPPLIER and the User or between the Suppling User and the User – NSTECK.COM provides the Service consisting exclusively of regular transfer, caching and hosting services (specified below in letters a), b) and c)). To such extent, NSTECK.COM renders the Service based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users and Digital Products Suppliers (DPS):
a) NSTECK.COM, at the instruction of SUPPLIER or Suppling User, enables transmission of data transferred by one recipient (User or SUPPLIER) and ensures access to the telecommunication network, except that NSTECK.COM:
i. is not the initiator of the data transfer,
ii. does not choose the recipient of the data transfer,
iii. does not choose nor modify the information contained in the transfer.
Within this scope, NSTECK.COM may conduct automatic and short-lasting, indirect storage of the transmitted data solely for the purpose of conducting transmission, whereas the data shall not be stored any longer than necessary in regular conditions to perform transmission.
b) NSTECK.COM enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that NSTECK.COM:
i. does not modify the data,
ii. uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,
iii. does not disturb the use of IT techniques.
c) NSTECK.COM makes available computerized system’s resources aimed at storage of data by Users and Digital Products Suppliers (DPS).
1.9. NSTECK.COM provides Users, Digital Products Suppliers (DPS) and Suppling Users the following Electronic services where applicable:
a) tools to host, set up and operate an online store (SUPPLIER’s Store) within the Site, as well as conduct sales via the SUPPLIER’s Store,
b) digital tool for the presentation of information on products and services offered by the Digital Products Suppliers (DPS)’ Stores, including functionality which may list, feature, or otherwise organize the display of Digital Products Suppliers (DPS)’ Stores to potential Users in a variety of different ways,
c) the possibility of browsing the content of the Site,d) Account and its functionalities,
e) specific assistance and administration services for Digital Products Suppliers (DPS)’ Stores (e.g., providing templates), NSTECK.COM is neither a party of the agreement between the User and the SUPPLIER, nor between the Suppling User and the User, nor between Digital Products Suppliers (DPS), nor between Suppling Users,
f) presenting to Users, Digital Products Suppliers (DPS) and Suppling Users with advertising content tailored to their interestsg) newsletterh) NSTECK API,
i) Money Back Guaranteej) NSTECK Prok) NSTECK Price Matchl) NSTECK Coins and NSTECK GiftCard,
m) enabling viewing of content placed as part of the Site.
Under the law, NSTECK.COM is required to provide the Electronic services referred to above in accordance with these Terms and Conditions and the applicable law.
1.10. Notwithstanding the provisions above, NSTECK.COM also may sell to the Users its own products and services through the Site, where it is explicitly provided.
1.11. The technical requirement for the use of the Site by the User and the SUPPLIER is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.
1.12. For the correct performance of some of the Site’s functionalities it may be necessary for the User or the SUPPLIER to enable Java, Java Script, Flash support etc.
1.13. The User having its place of residence, headquarter or place of habitual residence in the territory of Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom executes an agreement with NSTECK LTD with its registered office at 401 Ryland St, Suite 200-A Reno, Las Vegas, NV 89502, USA. The Users having its place of residence, headquarter or place of habitual residence in other countries executes an agreement with NSTECK.COM LIMITED with its registered office in United Kingdom, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, United Kingdom. If the SUPPLIER or the Suppling User sells products or services to the User having its place of residence (headquarter or place of habitual residence) in the territory of Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom then the SUPPLIER/Suppling User executes an agreement with NSTECK LTD. If the SUPPLIER or the Suppling User sells products or services to the User who is not having its place of residence (headquarter or place of habitual residence) in the territory of Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom then the SUPPLIER/Suppling User executes an agreement pursuant to the Terms and Conditions with NSTECK.COM LIMITED. Notwithstanding the above, services stated under clauses 6.13, 6.14, 6.15, 6.19 and 6.20 are solely provided by NSTECK.COM LIMITED, with its registered office in United Kingdom, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, United Kingdom.
The User, the Suppling User and the SUPPLIER hereby agree on confirming or making available specific data in order to confirm their place of residence, headquarter or place of habitual residence (if in doubt about their place of residence). The aforesaid agreement relates to obligations and reporting tasks of NSTECK.COM (in relation to Value Added Tax, in particular under art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations no 282/2011 and 1042/2013
1.14. The User acknowledges and confirms that he/she is aware that NSTECK Balance functionalities shall be substantially limited to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or United Kingdom.
1.15. The User is obliged to the prohibition on abuse of electronic means of communication and to provide the following content to NSTECK.COM IT systems:
a) causing work disturbance or overloading of IT systems,
b) incompatible with universally applicable law,
c) violating third party rights, including copyright, intellectual property rights or personal rights,
d) provide unlawful content.
1.16. Minimum technical requirements necessary for cooperation with ICT system used by NSTECK.COM:
a) access to e-mail
b) computer, laptop, or other device with Internet access with a minimum screen resolution 1366px x 768px and web browser with support enabled Cookies and JavaScript, one from:
· Mozilla Firefox 65 or newer
· Microsoft Edge 79 or newer
· Opera 58 or newero Safari 12 or newer
· Google Chrome 72 or newer
c) Mobile device with Internet access:
· With Android version 4.4 or newer with the application installed from Google Play: NSTECK.COM – Play More. Pay Less. (https://play.google.com/store/apps/details?id=com.NSTECK.marketplace)
· With iOS version 11 or newer with the application installed from Apple Store: NSTECK - Games, Gift Cards and More (https://apps.apple.com/pl/app/NSTECK-gry-gift-cardy-i-wi%C4%99cej/id895515193)
1.17. NSTECK.COM informs in the form chosen by the User about any special risks associated with the use of an Electronic service.
1.18. NSTECK.COM provides Services set forth in section 1.9 above and does not allow the SUPPLIER to provide services identical to those listed in section 1.9 above. The SUPPLIER and/or the Suppling User also agrees that NSTECK.COM reserves the right to provide its services to SUPPLIER’s and/or Suppling User’s competitors and make no promise of exclusivity in any particular market segment.
2. Service Fees
Subject to point 2.1 below, NSTECK.COM collects its commission or other possible fees (if such are due) from the prices determined by the SUPPLIER or the Suppling User in relation to each transaction concluded within the SUPPLIER’s Store. All commissions and other fees which the SUPPLIER or the Suppling User are obliged to pay are presented within the SUPPLIER’s Store area, e.g., during adding an item for sale on SUPPLIER’s Store.
2.1. Joining and using the Site is free of charge for the Users, unless otherwise explicitly indicated by a given SUPPLIER’s Store, or within the Site (e.g., for products directly sold to Users by NSTECK.COM). NSTECK.COM shall collect its commission from each sale price of a given product specified by the SUPPLIER or the Suppling User. The terms and conditions for making and receiving payments and relevant charges are provided in separate documents by external payment providers, whose terms and conditions must be accepted by the User before using their services and may amend from time to time. The NSTECK Pay Terms and Conditions which can be accessed via the following link: https://pay.NSTECK.com/terms-and-conditions . NSTECK.COM charges a fee for putting a product on sale via the SUPPLIER’s Store. The fees and commissions are specified in the “Table of fees and commissions” annexed to these Terms and Conditions.
NSTECK.COM utilizes Hyperwallet payment services to deliver payments to you. Such payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy.
2.2. Unless stated otherwise, all NSTECK.COM service fees are exclusive of VAT, and any other taxes, charges or levies applicable under any applicable law, now in force or enacted in the future, for which the SUPPLIER or the Suppling User will be separately liable and no deductions for such taxes, charges or levies will be made from amounts due NSTECK.COM herein. Particularly, to the amount of the commission referred to in point 2.1. NSTECK.COM may add the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union which is connected with obligations related to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.13.
The Suppling User and the SUPPLIER gives his/hers consent to NSTECK.COM for adding to the price referred to in point 2.1. the amount of Value Added Tax or similar tax valid at the place of residence, headquarter or place of habitual residence of the User who does not run a business activity. The aforesaid consent is connected with obligations of NSTECK.COM in relation to Value Added Tax or similar taxes. In the present case, the amount of the commission collected by NSTECK.COM shall be calculated on the amount of the Suppling price without including the amount of Value Added Tax.
2.3. The prices specified for products or services supplied by NSTECK.COM – in accordance with point 2.1 above – do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. NSTECK.COM reserves its right to temporarily suspend the Service Fees for promotional purposes (e.g. free bidding days) or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.
2.4. All fees for NSTECK.COM services are denominated in EUR, USD, GBP or PLN. If other currencies are to be applied, changes will be communicated. The User and the SUPPLIER are solely responsible for paying fees and taxes relating to his/her use of the services available on the Site on time. The User and the SUPPLIER are particularly responsible for paying due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own, e.g., Digital Products Suppliers (DPS) and/or Suppling Users are responsible for all applicable taxes that arise from or as a result of any activity, and/or sales on their SUPPLIER’s Store. NSTECK.COM in any case is not responsible for settling above fees and taxes. If certain payment method shall fail or an invoice is overdue, NSTECK.COM reserves its right to demand payment by way of other method of payment including all possible additional costs of such method. For the avoidance of doubt, all sums payable by the User and/or SUPPLIER to NSTECK.COM under these Terms and Conditions shall be paid free and clear of any deductions or withholdings whatsoever. In case of any deductions or withholdings that are required by law shall be borne by the User and/or SUPPLIER and paid separately to the relevant tax authority. NSTECK.COM is entitled to charge the full amount of services fees stipulated under these Terms and Conditions ignoring any such deduction or withholding that may be required.
2.5. The User and the SUPPLIER should sign in to access and use the Site and all its functionalities.
2.6. Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Users. NSTECK.COM may restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.
2.7. NSTECK.COM does not authorize delivery of products sold by the Digital Products Suppliers (DPS) on their respective Digital Products Suppliers (DPS)’ Stores and is not responsible for and does not authorize payments for services provided/products delivered via Digital Products Suppliers (DPS)’ Stores. Suppling Users or Digital Products Suppliers (DPS) and Users may choose to conclude payment with various payment solutions supported by the Site, such as PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers and others or outside the Site. All the payment solutions are described within the Site and provided by external payment providers. Each Suppling User or SUPPLIER, when setting up the SUPPLIER’s Store, sets his/her authorization settings, e.g., customer charges and digital product delivery. Authorization settings may be amended at any time at Suppling User’s or SUPPLIER’s discretion.
2.8. Any User (or SUPPLIER) demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, NSTECK.COM shall not be liable against the Users (or Digital Products Suppliers (DPS)) for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User/SUPPLIER shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to NSTECK.COM fault, the User shall inform NSTECK.COM thereof by sending an e-mail to the address: support@NSTECK.com
2.9. NSTECK.COM processes personal data in the scope necessary to entering into and performing Service or Sale contract such as: name, surname, correspondence address, e-mail, ID card number. Specific rules including grounds, rights relating to personal data processing are included in Privacy and Cookies Policy which constitute a separate document.
2.10. The User and the SUPPLIER assert that he/she shall pay for any products and services offered within the Site by Digital Products Suppliers (DPS)’ Stores with use of funds coming from legal sources.
2.11. The User asserts that he/she is not a VAT taxpayer. When the User becomes or already is the VAT taxpayer, he/she is obliged to provide all the data required to issue a VAT invoice. Such an invoice may be sent to the User’s email address or delivered with other electronic means.
2.12. The Digital Products Suppliers (DPS)/Suppling Users agree and acknowledge that:
a) as the operators of their SUPPLIER’s Stores they are the SUPPLIER and supplier of the products and this fact will also be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill or sales receipt;
b) they will set the terms and conditions of the sales made to the Users;
c) they will authorize the relevant charge to the Users and the delivery of the products; and
d) they are solely responsible for all applicable taxes and any similar charges and fees that arise from or as a result of their activity performed within their SUPPLIER’ Stores, particularly paying Value Added Tax - VAT or similar tax liabilities (such as Australian Goods and Services Tax - GST) in compliance with the applicable laws.
2.13. Whenever NSTECK.COM or any entity of the NSTECK.COM Ecosystem provides services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom).
2.14. The User is aware and hereby acknowledges that placing an order connected with purchase of the digital content, especially game activation codes, from the SUPPLIER or the Suppling User via his/her SUPPLIER’s Store may entail an obligation to pay provided that a will to conclude a contract and to charge the User is expressed by the SUPPLIER or the Suppling User in accordance with point 6.5 below.
2.15. To any User who has made a purchase on the SUPPLIER’s Store, information may be sent randomly via e-mail that automatically one Bonus Person was assigned to him (please see MP terms and conditions) together with information that conditional remuneration was therefore granted to him – indicating the remuneration amount. From this moment the User has three (3) months to decide whether to register with the MP site and participate in the MP Marketing Program. No registration within that period will result in the conditional remuneration being withdrawn and treated as undue because of the unfulfilled condition. In case the registration is made the remuneration defined in this section shall be paid into the technical account specified in point IV section 1 of the MP terms and conditions. The provisions of this section are part of a marketing campaign valid until revoked. Revocation shall be made by striking out this section in accordance with these Terms and Conditions.
2.16. The SUPPLIER may sell pre-order products on his/her SUPPLIER’s Store. The SUPPLIER agrees and undertakes to pay a pre-order advance to NSTECK.COM which constitutes the contractual protection relating to the SUPPLIER’s obligation to place products on the SUPPLIER’s Store. The amount of pre-order advance is 1% (one percent) of the value of each pre-order product which the SUPPLIER undertakes to sell to the Buying User via the SUPPLIER’s Store. Pre-order products should be placed on the SUPPLIER’s Storeby the SUPPLIER on the day before release date at 23:59 CET. The pre-order advance is fully returnable within two (2) calendar days from the abovementioned release day if the SUPPLIER places all the pre-order products to his/her SUPPLIER’s Store. The amount of pre-order advance, which should be returned to the SUPPLIER, will be proportionally reduced by the part of the pre-order advance which refers to the number of undelivered pre-order products by the SUPPLIER. The SUPPLIER may at any time change the value of the declared Suppling price of a given pre-order product. However, it has no impact on the amount of the aforesaid pre-order advance accrued if the Buying User has previously submitted an offer to purchase the given pre-order product.
2.17. User may buy the pre-order products through the SUPPLIER’s Store. User pays for the pre-order products on the date of the order but the product is sent to the User on the date indicated on the SUPPLIER’s Store. User acknowledges that the date of receiving of the pre-ordered product may vary. User acknowledges that the price of the pre-ordered product may vary. User acknowledges that the sale of the pre-ordered product may be revoked and in this case the price paid for the pre-ordered product is reimbursed by the Suppling User.
3. Users’ accounts
3.1. In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration, the User is prompted to supply his or her current email address and username as well as to accept the Terms and Conditions and Cookies Policy. After subscription to the Site, NSTECK.COM will open an account and assign a password that may then be changed by the User. If it is discovered by NSTECK.COM that the User utilized an email address that was created by the User with the intent that the email address be in existence for a limited period of time (e.g. a so called disposable email address) NSTECK.COM reserves the right to suspend User’s account. If a User’s account is suspended any balance on said account may be fortified. NSTECK.COM may, at NSTECK.COM’s sole discretion, re-activate such an account or assist in transferring funds.
The User who wants to set up his/her SUPPLIER’s Store within the Site (becoming the status of the Suppling User) is obliged to provide in the registration process (or later when completing the account data) i.e. the following data: name, surname, address of residence, phone number, bank account number, VAT (or other tax) identification number, business registration number. Each User shall disclose his/her place of residence (headquarter or place of habitual residence). The Users take note and accept that NSTECK.COM utilizes of tools to detect the localization of computer network device (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarter or place of habitual residence indicated by the User in the course of registration process and the results of verification made by NSTECK.COM, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, NSTECK.COM shall be entitled to refuse to set-up the Account. The User is entitled to set up only one account, unless NSTECK.COM gives individual permission. For avoidance of doubt, the User will not use VPN connection during the use of Site, unless it is necessary to run a registered business.
3.2. NSTECK.COM is entitled to verify the data of the User or the SUPPLIER by requesting from the User or the SUPPLIER presentation of proper documents, their copies, scans, etc. In particular, NSTECK.COM may request from natural persons not being entrepreneurs, natural persons being entrepreneurs, from legal persons, as well as from organization units being the Digital Products Suppliers (DPS), presentation of proper documents which would confirm: the company address, being entered in the proper register, authorization to represent the natural person or organization unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address (if any). The documents (their scans or copies) confirming the above data shall be provided within 14 days since the day, on which NSTECK.COM requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. NSTECK.COM may also request proper documents (their scans or copies) after registration of the User or the SUPPLIER – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given SUPPLIER or User or result in inability of NSTECK.COM to provide services to a given SUPPLIER or User, particularly resulting in blocking the possibility of operating via SUPPLIER’s Store created by a given SUPPLIER.
3.3. Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.
3.4. Registration on the Site by the User, SUPPLIER and/or Suppling User is equivalent to the User, SUPPLIER and/or Suppling User SUPPLIER having read, understood and accepted the Terms and Conditions in full, including the Privacy and Cookies Policy. Notwithstanding the above, the User, SUPPLIER and/or Suppling User who has not registered on the Site is also regarded as having accepted the Terms and Conditions and the Privacy and Cookies Policy at the moment he or she chooses to use any of the functionalities of the Site.
3.5. The User, SUPPLIER and/or Suppling User is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.
3.6. The account is made available to the User by NSTECK.COM free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world via the Internet network.
3.7. In case of any violation of these Terms and Conditions and the law in force by the User, NSTECK.COM reserves its right and possibility to block the User’s account.
3.8. Within the scope permitted by law, NSTECK.COM reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, NSTECK.COM hereby commits to deal with them as soon as possible.
3.9. The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to NSTECK.COM, Digital Products Suppliers (DPS) or other Users. The User is obliged to protect NSTECK.COM and our partners against losses and damage caused by the use of their account by third parties.
3.10. Accounts are also created for the Digital Products Suppliers (DPS). Creating an Account is a prerequisite and necessary condition to set up a SUPPLIER’s Store. In order to set up his/her account, the SUPPLIER is obliged to register by filling in the registration form available on the Site. During registration, the SUPPLIER is obliged to provide, first and foremost: name, surname, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number as well as to accept these Terms and Conditions and Privacy and Cookies Policy. After creating an account, NSTECK.COM shall provide the SUPPLIER with the password, which may later be changed by the SUPPLIER.
3.11. The SUPPLIER is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his/her account on the Site.
3.12. In case of any violation of these Terms and Conditions and the applicable laws and regulations by the SUPPLIER, NSTECK.COM reserves its right to block the SUPPLIER’s account. Blocking the account is tantamount to blocking the possibility of operating through the SUPPLIER’s Store. Provisions 3.8 and 3.9 above are also applicable for the Digital Products Suppliers (DPS)’ accounts respectively.
3.13. The User and the SUPPLIER shall neither use other Users’ and Digital Products Suppliers (DPS)’ accounts nor make their accounts available to other Users, Digital Products Suppliers (DPS) or third parties. The above does not apply to the SUPPLIER in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the SUPPLIER to use the account on the Site. NSTECK.COM may request from the SUPPLIER a list of persons entitled to use the account, which the SUPPLIER shall deliver within 7 days.
3.14. To the extent permitted by law, NSTECK.COM assumes no responsibility against the Users and the Digital Products Suppliers (DPS), should they violate the provision specified in 3.13 above. The Users and the Digital Products Suppliers (DPS) assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site, particularly within Digital Products Suppliers (DPS)’ Stores.
3.15. The account of the SUPPLIER and the Suppling User may be blocked if it is noticed that the products put on sale on his/her SUPPLIER’s Store are faulty.
3.16. The Users and the Digital Products Suppliers (DPS) assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site.
3.17. The Digital Products Suppliers (DPS) and/or Suppling Users are responsible for setting up and operation of their Digital Products Suppliers (DPS)’ Stores.
3.18. Any contract of sale through a given SUPPLIER’s Store is directly effected between the SUPPLIER/Suppling User and the Buyer. NSTECK.COM will not be responsible for any taxes, charges or any similar fees related to the operations of the SUPPLIER’s Store. Each SUPPLIER and/or Suppling User must determine himself/herself whether any of these taxes, charges or fees will become due, and, if applicable, arrange for their payment. NSTECK.COM strongly recommends seeking specialist advice in this respect. In particular, tax rates management tools available on the SUPPLIER’s Store should be used for ease of reference only and not as a substitute for independent tax advice.
3.19. The Digital Products Suppliers (DPS) and/or the Suppling Users may tailor the appearance of a SUPPLIER’s Store to suit their needs. NSTECK.COM may add or modify certain elements in the appearance of a SUPPLIER’s Store (e.g., the footer, or headings) that refers to NSTECK.COM at NSTECK.COM’s discretion. NSTECK.COM may modify the SUPPLIER’s Store appearance where the appearance set by the SUPPLIER’s Store operator violates these Terms and Conditions or any applicable law in a given jurisdiction. The SUPPLIER and/or the Suppling User is responsible for ensuring that the name of the SUPPLIER’s Store owner (including the legal name of the company that owns a given SUPPLIER’s Store, if applicable), as well as its tax identification number (VAT ID number) is clearly visible within the SUPPLIER’s Store area or Digital Products Suppliers (DPS) Terms and Conditions on the SUPPLIER’s Store.
3.20. The Digital Products Suppliers (DPS) and/or the Suppling Users are responsible for all activity and content such as photos, images, graphics, information, or data uploaded, generated, stored, or displayed on or in connection with their Digital Products Suppliers (DPS)’ Stores. By uploading any materials mentioned in the preceding sentence, the SUPPLIER and/or the Suppling User agrees to allow other Users to view these materials and content uploaded to the SUPPLIER’s Store (e.g. the product offer, the prices of products etc.); as well as allow NSTECK.COM to store, display and use uploaded content to enable the provision of services described under these Terms and Conditions (particularly those mentioned in section 1.9 letter b).
4. General Terms and Conditions of Use
4.1. Subject to the other provisions set forth in these Terms and Conditions, NSTECK.COM grants the Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by NSTECK.COM. This license refers strictly to the functionalities of the Site and does not concern any licenses to digital content, especially game activation codes offered via the Digital Products Suppliers (DPS)’ Stores by Digital Products Suppliers (DPS) or Suppling Users – the licenses to digital content, especially game activation codes may be granted upon discretion of their owners or other authorized persons.
4.2. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by NSTECK.COM or their owners, licensors, suppliers, publishers or other authorized persons.
4.3. The users must not misuse the NSTECK.COM services. The Users may use the NSTECK.COM services only as permitted by law. Users and Digital Products Suppliers (DPS) are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.
4.4. Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Digital Products Suppliers (DPS), as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of NSTECK.COM. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for NSTECK.COM. Any trademarks, marks and trade names constitute NSTECK.COM property. Without explicit consent of NSTECK.COM, the User nor the SUPPLIER must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of NSTECK.COM. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute Works within the meaning of applicable protection copyright Act. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.
4.5. In order to protect his/her personal data, the User is obliged to read and accept the Terms and Conditions and the information Privacy and Cookies Policy concerning personal data uploaded through the Site and on the partnership websites of NSTECK.COM. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy and Cookies Policy.
4.6. NSTECK.COM may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy and Cookies Policy and Terms and Conditions before starting to use such sites. The User is informed that NSTECK.COM has no control of the websites owned by other providers, nor does NSTECK.COM monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.
4.7. The User, SUPPLIER, and Suppling User hereby confirm and assert that they will not engage in the following:
a) upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties’ rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);
b) publish any false or misleading information, which may be detrimental to or may expose NSTECK.COM or third parties to any harm;
c) impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Digital Products Suppliers (DPS) or NSTECK.COM;
d) use the Site for any other purposes than the use of services offered by NSTECK.COM, other Digital Products Suppliers (DPS) or Users;
e) circumvent or disable the Site’s security;
f) use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;
g) slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;
h) attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
i) modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
j) in any way deliberately disturb the Site’s activity or disturb other Users or Digital Products Suppliers (DPS) in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;
k) in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
l) take any actions aimed at discovering access passwords of other Users or Digital Products Suppliers (DPS), including any attempts to guess the passwords;
m) transfer for remuneration nor in any other way make available for remuneration part or whole of his/her account;
n) upload on the Site any data containing any personal data of third parties;
o) in any way make other Users’, Digital Products Suppliers (DPS)’ or Suppling Users' use of the Site difficult;
p) make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources;
s) create more than one (1) account which is used by the relevant User, SUPPLIER, or Suppling Users on the Site without NSTECK.COM’s prior consent;
g) made settings in the User's systems that are inconsistent with the actual state of affairs or whose purpose is to deceive NSTECK.COM's systems;
h) abuse the type or number of payment methods that result or may result in fraud or abuse of legal provisions and regulations of payment organizations;
4.8. By posting or publishing their own content and materials on the SUPPLIER’s Store or by distributing them in any other way to NSTECK.COM or its partners, the User and the SUPPLIER, within the scope permitted by law, grants an irrevocable, permanent and free license, to use the said materials in any way and in any place by NSTECK.COM. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of NSTECK.COM, currently or in the future. The User acknowledges and warrants to NSTECK.COM that he/she has sufficient means and rights to ensure such license.
4.9. Whenever NSTECK.COM or any entity of the NSTECK.COM Ecosystem provides services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom).
4.10. IT IS PROHIBITED TO LIST AND SELL ON THE SUPPLIER’S STORE ANY DIGITAL CONTENT, INCLUDING CD-KEYS, WHICH INFRINGE THE APPLICABLE LAWS, THIRD PARTY RIGHTS (IN PARTICULAR COPYRIGHTS) OR THESE TERMS AND CONDITIONS.
4.11. NSTECK.COM, when providing tools and features enabling browsing the offers from various Digital Products Suppliers (DPS)’ Stores, uses the default placement of product offers, which adjusts the order in which they are placed, taking into account the Users' preferences. Placement takes into account the following factors:
· Data about the product offer: ie. mainly compliance of the product offer description with these Terms and Conditions, the number of product offer views in different time intervals, the number of purchases made as part of a given product offer, the price of the product being the subject of the offer, using the product offer promotion option;
· Data about the SUPPLIER or Suppling User: ie. mainly the number of positive and negative opinions, percentage of recommendations from Users.
4.12. The SUPPLIER and Suppling User does not have access to all data available to NSTECK.COM. The SUPPLIER and Suppling User have free access to data related to its activities performed within his/her SUPPLIER’s Store.
NSTECK.COM does not provide paid access to sales statistics on the Site. General Sales statistics on the Site are stored by NSTECK.COM also after the termination of the contract with the SUPPLIER and Suppling User. Each SUPPLIER/Suppling User may gather his/her own sales statistics for own use and/or may maintain accounting data according to the relevant laws of his/her jurisdiction.
NSTECK.COM’s access to SUPPLIER and Suppling User’s personal data, the rules for this access, as well as the storage period and the rules for deleting such data are set out in Privacy and Cookies Policy.
5. Removed
6. Obligations of NSTECK.COM
6.1. Under the condition of meeting the requirements specified in these Terms and Conditions by the SUPPLIER and the Suppling User, NSTECK.COM shall provide every Suppling User and SUPPLIER with the opportunity to set up and operate his/her SUPPLIER’s Store. However, bearing in mind the NSTECK.COM business principles and the care of the NSTECK.COM brand, the SUPPLIER and/or the Suppling User using NSTECK.COM services to operate their SUPPLIER’s Store must follow all applicable guidelines established by the applicable law and could follow good practices recommended by NSTECK.COM aimed at ensuring highest level of security of ecommerce transactions. The guidelines below are examples of practices that may be used by the SUPPLIER and/or the Suppling User when Suppling via the SUPPLIER’s Store. Nevertheless, the above does not exclude the SUPPLIER’s and/or Suppling User’s responsibility for operations, transactions and activity performed within his/her SUPPLIER’s Store.
6.2. Unless otherwise provided by NSTECK.COM, the SUPPLIER and the Suppling User may only sell on their Digital Products Suppliers (DPS)’ Stores the products in the digital form, i.e. such products which may be downloaded by the Users to their workstations’ hard drive. Such products are not stored on material media carriers.
6.3. The SUPPLIER or the Suppling User determines the price of products which he/she intends to sell on his/her SUPPLIER’s Store. Subject to point 2.1 above, NSTECK.COM collects its commission or other possible fees (if such are due) from the amount of such price. The Users and the Digital Products Suppliers (DPS) acknowledge and accept the fact that NSTECK.COM may, as part of Additional Provisions mentioned in 1.6 above, set with a given Suppling User or SUPPLIER commissions and fees being other from those defined in these Terms and Conditions including possible attachments.
6.4. By adding the product by the SUPPLIER or the Suppling User to his/her SUPPLIER’s Store he or she authorizes NSTECK.COM to present the product on the Site as an invitation to enter into agreement by Users willing to purchase the product offered by a given SUPPLIER’s Store at a price determined by this SUPPLIER’s Store. As such it does not constitute a sales offer within the meaning of the civil law. Provided that no User (or other SUPPLIER) has expressed the will to enter into agreement of buying the product, the SUPPLIER or the Suppling User may change the product’s price. In case of the price change, provisions defined in 6.3 above are directly applied. The SUPPLIER and the Suppling User acknowledge and accept that their offer presented within the SUPPLIER’s Store (e.g., product listings, prices and descriptions) is made public and available for all Users of the Site.
6.5. If the User (or the SUPPLIER making a purchase) expresses the will to buy a product from chosen SUPPLIER’s Store, he/she acknowledges that such SUPPLIER’s Store may be entitled to withdraw from concluding a contract of Suppling the product according to delivery and payment authorization preferences set by this SUPPLIER’s Store.
6.6. Moreover, the Parties mutually agree that their due payments made by the Users (or Digital Products Suppliers (DPS) if they have purchased goods from other Digital Products Suppliers (DPS)) may be paid by these Users (or Digital Products Suppliers (DPS)) by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers) or outside the NSTECK Ecosystem. For the avoidance of doubt, the Users are not obliged to make the payments solely via methods offered on the Site; provided however, the Users shall be responsible for ensuring that the payment has been duly and securely made, documented and all information has been communicated with the SUPPLIER or Suppling User. From the funds collected on its account, NSTECK.COM deducts its due commissions and fees indicated in these Terms and Conditions from the SUPPLIER and the Suppling User, by making deductions from the funds, whereas the remaining part shall be transferred to the SUPPLIER’s or the Suppling User’s bank account.
6.7. The commission paid by the SUPPLIER or the Suppling User to NSTECK.COM is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other SUPPLIER) for products or services purchased from the SUPPLIER or the Suppling User, would have to be returned by the SUPPLIER or the Suppling User to the User (or other SUPPLIER) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the SUPPLIER or the Suppling User). Due to the commission being non-returnable, the SUPPLIER and the Suppling User are not entitled to claim any compensation from NSTECK.COM and NSTECK.COM may retain the sums of back commissions, contractual penalties and compensations costs which the SUPPLIER or the Suppling User shall cover.
6.8. Notwithstanding provisions stipulated in point 6.7 above, NSTECK.COM provides tools and features that enable resolution mechanisms for Digital Products Suppliers (DPS)’ Stores and their customers – via Help Desk functionality available on the SUPPLIER’s Store – in order to clarify the reasons for demanding refund by the User. SUPPLIER may choose to use different resolution mechanisms on his/her SUPPLIER’s Store. Depending on the conclusions of such resolution, the funds shall be returned by the SUPPLIER or the Suppling User or shall not be returned to the User, who may vindicate his claims against the SUPPLIER or the Suppling User at court or in any other way.
6.9. Notwithstanding the above, NSTECK.COM is not entitled to dispose of and manage the funds transferred by the Users/Digital Products Suppliers (DPS) in relation to purchases of products or services from the Digital Products Suppliers (DPS)’ Stores.
6.10. NSTECK.COM provides exemplary, pre-prepared templates of descriptions of selected product categories, which may be offered by the SUPPLIER’s Store – basing on the information provided by a given SUPPLIER’s Store. Templates of the product descriptions should be used for reference only and not as a substitute for independent assessment of specific product features. The SUPPLIER and the Suppling User are obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. NSTECK.COM is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab „product details”. However, NSTECK.COM assumes no responsibility for the compliance of the product description with its content, in a situation when the SUPPLIER or the Suppling User misinforms NSTECK.COM regarding the product, its access to a given gaming platform, etc. The SUPPLIER and the Suppling User hereby entitle NSTECK.COM to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc.
6.11. NSTECK.COM shall provide the Users and the Digital Products Suppliers (DPS) with technical support in case of encountering problems with the functionality of the Site, SUPPLIER’s Store, or Account.
6.12. In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, an affiliate party NSTECK.COM Sp.z o.o. accepts and assumes (together with the SUPPLIER) responsibility against the User. NSTECK.COM Sp.z o.o. assumes responsibility against User in terms of order compliance, correct functioning of the payment and any potential legal faults, customer support functions are performed by NSTECK PL. NSTECK.COM Sp.z o.o. responsibility concerns solely these products, for which the User pays by means of a credit card. The responsibility described here does not constitute taking over the SUPPLIER’s responsibility by NSTECK.COM Sp.z o.o. It only concerns participation in this responsibility in the scope mentioned above; which means in particular that the SUPPLIER still assumes the responsibility against the User. Participation in the responsibility does not mean that NSTECK.COM Sp.z o.o. becomes the owner or co-owner of the product sold by the SUPPLIER – the SUPPLIER remains the exclusive owner and the supplier of the product being sold.
6.13 Every User who purchased access to the security membership program for buyers named NSTECK Shield is entitled to receive the replacement product in case the purchased product was faulty or different from the description (the purchase option of the NSTECK Shield is no longer available on the Site, however, the NSTECK Shield remains active solely for Users who bought it already in the past). If such a replacement cannot be granted the User who bought the NSTECK Shield shall receive a full refund for the said purchase. The User will also receive exclusive access to NSTECK Price Match. The User is entitled to use the benefits under NSTECK Shield only in the period when NSTECK Shield is active.
NSTECK Shield does not transfer responsibility for any product from the SUPPLIER or from the Suppling User to NSTECK.COM – it is an additional service that gives NSTECK Shield Users additional protection independently from the responsibility of the SUPPLIER/Suppling User for the product and ultimate responsibility for the product always lies with the SUPPLIER/Suppling User. NSTECK Shield does not transfer responsibility for any product from the SUPPLIER or from the Suppling User to NSTECK.COM.
6.14. The NSTECK Shield is free of charge for one month from the purchase (“initial term”) and shall last for undefined period of time unless earlier terminated by User. After the initial term is lapsed the User shall pay to NSTECK.COM the monthly subscription fee as presented on the Site during purchasing process. If the User does not want to continue the NSTECK Shield membership he/she can unselect the NSTECK Shield in his/hers account panel at any time. The aforesaid remuneration for the NSTECK Shield will be automatically deducted from Users credit card or NSTECK Balance or any other available funds and the User hereby accepts making such payment pursuant to these terms.
6.15. The User that elects to purchase a NSTECK Shield, in addition to the standard benefits of NSTECK Shield shall be entitled to the following benefits, subject to these Terms and Conditions:
a) reduced conversion fees for NSTECK Coins;
b) free NSTECK Coin transfers; and
c) Shield cashback.
The above-mentioned benefits set forth in section 6.15 shall not be granted to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or United Kingdom.
6.16. NSTECK.COM is entitled to make the refund in any currency at its own discretion. NSTECK.COM reserves the right to refuse to issue a replacement or refund if in NSTECK.COM’s sole discretion NSTECK.COM detects that a User has engaged in fraud, deception or abuse of the NSTECK Shield. Moreover, in the event that NSTECK.COM detects a User has engaged in fraud, deceit or abuse after the issuance of a refund NSTECK.COM reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s NSTECK Balance.
6.17. The time to process User’s refund request depends on the terms and conditions established by a given SUPPLIER’s Store, applicable law, as well as sometimes may be affected by the User’s rating and his buying history . The said rating is created by Users. For each transaction, Users can choose to rate each other by leaving a comment. Buyers can leave a positive, negative, or a neutral rating, negative or neutral rating plus a short comment. Digital Products Suppliers (DPS)/Suppling Users can leave a positive rating and a short comment.
6.18. Documentation Services and invoice issuance by the SUPPLIER
a) Removed.
b) Operating via SUPPLIER’s Store may trigger an obligation by the SUPPLIER or Suppling User to document his/her sales with respective bills (referred to hereinafter as “Documentation”). NSTECK.COM possesses and ensures technical resources necessary to issue Documentation in the name and on behalf of the SUPPLIER’s Store, who hereby agrees to outsource to NSTECK.COM, the task of issuing Documentation concerning its sales made via the SUPPLIER’s Store.
c) The SUPPLIER and Suppling User agrees to disclose and provide NSTECK.COM with all information (including but not limited to personal information such as registered address, VAT registration number, full title etc.) necessary for Documentation purposes. The SUPPLIER and Suppling User agree that the aforementioned information will be presented on the Documentation made available to Users making purchases from the SUPPLIER’s Store and this information will be presented on the SUPPLIER’s Store subpage.
d) NSTECK.COM will, when appropriate, issue Documentation (“Documentation Service”) in the name and on behalf of the SUPPLIER or Suppling User. Such Documentation will be issued and delivered to Users in a digital form. Copies of Documentation will be made available to the SUPPLIER or Suppling User by electronic means. NSTECK.COM shall exercise due care when performing the Documentation Service, however, NSTECK.COM does not and will not guarantee Territory-wide compliance with all laws and regulations concerning the Documentation Service. As such, it is the SUPPLIER or Suppling User’s sole responsibility to ensure that any and all Documentation complies with all applicable laws.
e) The SUPPLIER and Suppling User agree that NSTECK.COM provides SUPPLIER and Suppling User with the Documentation Service “as is” and NSTECK.COM makes no representations or warranties whatsoever, express or implied, whether oral or written, with respect to the Documentation Service, including but not limited to any implied warranties of accuracy or compliance.
f) The SUPPLIER and Suppling User hereby agree to defend, indemnify and hold harmless NSTECK.COM, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of the SUPPLIER or Suppling User or any of their officers or employees, that may occur during or which may arise out of the performance of the Documentation Services. This defense and indemnification obligation set forth in this section will survive termination of these Terms and Conditions.
g) In addition to any limitation stated elsewhere in these Terms and Conditions, the SUPPLIER’s or Suppling User’s sole remedies for any error, defect or failure in the Documentation Service is the correction of the defect or error.
h) The User is entitled to request the SUPPLIER to issue and deliver an invoice relating to the purchase by the User of products via the SUPPLIER’s Store. Pursuant to the applicable law, the SUPPLIER is obligated to issue and deliver the requested invoice as soon as possible, however, no longer than the applicable law provides.
i) The SUPPLIER agrees and acknowledges that he/she is obligated to issue and deliver an invoice to the User due to the sale of digital products via the SUPPLIER’s Store in accordance with applicable law. The said invoice may be delivered by the SUPPLIER to the User as a result of uploading it on the SUPPLIER’s Store. The uploaded invoice shall be available to download by the User within 31 (thirty one) days from its upload on NSTECK.COM servers. If the User does not receipt the invoice with aforesaid period, the invoice shall not be longer available for the User. However, the User is entitled to provide the SUPPLIER an invoice request again.
j) If the invoice uploaded on the SUPPLIER’s Store by the SUPPLIER regarding the sale of the products is covered by intellectual property rights (like image or trademark), the SUPPLIER grants NSTECK.COM a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to store, host, use, distribute, modify, copy, publicly perform or display, translate, and create derivative works for that invoice.
k) The SUPPLIER acknowledges, agrees and confirms that he/she is aware that NSTECK.COM shall not be responsible for issuance and delivery of the invoice due to the sale of digital products via his/her SUPPLIER’s Store in accordance with applicable law. The SUPPLIER hereby agrees to defend, indemnify and hold harmless NSTECK.COM, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of the SUPPLIER or any of its officers or employees, that may occur during or which may arise out due to failure or improper performance of the obligation related to issuance and delivery of an invoice to the User. The defense and indemnification obligation set forth in this section will survive termination of these Terms and Conditions.
l) The SUPPLIER is not entitled to demand from NSTECK.COM any remuneration, fee or compensation due to fulfill his/her obligation related to issuance and delivery of an invoice to the User regarding the sale of products or Digital Products via his/her SUPPLIER’s Store, nor reduce of the commission charged by NSTECK.COM. The SUPPLIER is aware that issuance and delivery of an invoice to the User due to the sale of products or Digital Products via his/her SUPPLIER’s Store is the User’s obligation required by applicable law.
6.19. NSTECK Price Match
Removed.
a) Each User who has made a purchase covered with NSTECK Shield (the “Privileged User”) can use the NSTECK Price Match service (“NSTECK Price Match”). NSTECK Price Match does not modify the price set by the Digital Products Suppliers (DPS)/Suppling Users but is an additional service that gives the Privileged User a benefit in NSTECK Coins in eligible cases.
b) NSTECK Price Match entitles the Privileged User to receive a difference between the price paid for the product marked with “Lowest Price” tag (“Lowest Price”) and the price of the same product (including model, version, date of release and the whole content) offered at online shop(s) being authorized Digital Products Suppliers (DPS) of such product or at online shop with daily visitors amount exceeding five thousand (“online shop(s)”) if the Lowest Price is higher than the price offered at online shop(s), provided however that the difference the Privileged User may receive shall not be greater than 10% of the Lowest Price.
c) The Privileged User can use NSTECK Price Match within 30 days from the day of purchase. In case of purchase of product(s) offered as a Pre-Order(s) NSTECK Price Match can be used any time.
d) NSTECK Price Match does not cover products offered by online shops within sales promotions or limited offers.
e) The price which is compared should be a net product price (i.e. without any additional fees and taxes). The price at online shop should be a regular price excluding any discounts the User is granted as the online shop user.
f) The compared prices shall be always expressed in EUR.
g) The difference between the Lowest Price and the price at online shop(s) shall be transferred to Users balance within NSTECK Balance and may only be redeemed for the purchase of products within the Service and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.
h) User confirms and accepts that terms and conditions regarding NSTECK Price Match may be changed or amended at any time without notice.
6.20. Promotional Cashback
Cashback codes and Shield cashback (collectively “Promotional Cashback”) provide a User with the ability to earn Promotional Cashback in the form of NSTECK Coins on each eligible purchase, as defined below, of a game-key in digital form. Cashback codes will expire and will not be usable unless they are redeemed within 30 days. User acknowledges that Promotional Cashback is provided for the whole purchase and cannot be divided into separate order of game-keys covered by aforesaid purchase. In case of any refund to the User for one or more game-keys related to a given purchase, the entire amount of Promotional Cashback granted to the User for the purchase in its entirely, shall be lost. To avoid doubt, the User is not entitled to retain any of the Promotional Cashback as per individual game-key within the said purchase that have not been subject of a refund process.
a) Eligible Purchase Requirements for Cashback code NSTECK Coins
To receive NSTECK Coins for using a Cashback code, a User must: input the Cashback code prior to completing a purchase; the purchase must be for an eligible game-key in digital form, paid for using User’s NSTECK Balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Cashback code amount in NSTECK Coins after satisfying the aforementioned eligibility criteria.
b) Eligible Purchase Requirements for Shield Cashback NSTECK Coins
To receive NSTECK Coins pursuant to Shield cashback, a User must: have a valid Shield membership; the purchase must be for an eligible game-key in digital form, paid for using User’s NSTECK Balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Shield cashback amount in NSTECK Coins after satisfying the aforementioned eligibility criteria.
All Promotional Cashback NSTECK Coins are deposited in a User’s NSTECK Ballance as NSTECK Coins. Any Coins so deposited are subject to the rules and restrictions governing NSTECK Coins. These NSTECK Coins may be utilized by the User during a subsequent purchase on the Site.
Only certain products are eligible for Promotional Cashback and NSTECK reserves the right in its sole discretion to unilaterally and without notice change Promotional Cashback eligible products. The Promotional Cashback rates and percentages are set by NSTECK.COM and the actual Promotional Cashback percentage may vary from product to product and is subject to change by NSTECK.COM . The Promotional Cashback amount is calculated from the base price established by the given SUPPLIER’s Store (that is the price exclusive of VAT, GST, sales tax or any other costs or fees that may be levied upon the product).
The maximum Shield Cashback NSTECK Coin balance that any User may accumulate in any one month period is one thousand (1000) Coins and any Shield Cashback amount over said limit will not accumulate, rollover or carryforward to any subsequent months. NSTECK.COM will not issue Promotional Cashback for any game-key in digital if the Promotional Cashback amount for that game-key in digital form is not at least 0,1 (one-tenth) of a NSTECK Coin. The entry by a User of a Cashback code on any purchase also eligible for Shield cashback will result in only the accumulation of the Cashback code amount and not the Shield cashback amount.
Please note that Promotional Cashback is not a rebate nor a discount from the product price as each product price is set by each individual SUPPLIER’s Store but it is a promotional program created and maintained by NSTECK.COM and not by any SUPPLIER’s Store. NSTECK.COM reserves the right to take any action it deems appropriate, including the modification or termination of an account suspension and/or termination, of any User or Privileged User who engages in conduct that NSTECK.COM determines in its sole discretion is abusive, harmful, objectionable of the Promotional Cashback or violates any of the Terms and Conditions, General Terms or the Privacy and Cookies Policy.
Promotional Cashback shall not be available to an User who has place of residence, headquarter or place of habitual residence in European Economic Area or United Kingdom.
6.21. NSTECK Coins and NSTECK GiftCard
a) The User is entitled to purchase NSTECK Coins and/or NSTECK GiftCards in order to redeem them on the Site. NSTECK Coins and/or NSTECK GiftCards may be used only to top up balance on the Site in order to purchase eligible digital products and/or services available there.
b) NSTECK Coins and/or NSTECK GiftCards will be redeemed as a whole after entering the code from NSTECK Coins and/or NSTECK GiftCards on the Site.
c) Each NSTECK Coins and/or NSTECK GiftCards, when making purchases through the Site, may have different value which depends on the currency which have been used to purchase it. It means that NSTECK Coins and/or NSTECK GiftCards purchased by means of EUR has not the same value as NSTECK Coins and/or NSTECK GiftCards purchased by means of PLN. The value of NSTECK Coins is always presented on the Site.
d) NSTECK Coins and NSTECK GiftCards cannot be resold, transferred for value, or applied to any other account, except to the extent required by law. NSTECK.COM may limit the number of NSTECK Coins and/or NSTECK GiftCards as an User may purchase within certain periods of time, or implement other restrictions on the receipt or use of NSTECK Coins and NSTECK GiftCards.
e) The balance top up upon Site by means of redemption of the NSTECK Coins and/or NSTECK GiftCard, do not confer any rights to demand interest or other charges in respect of its depositing.
f) An User is not entitled to demand any claims for the reimbursement of a current nominal value of unused on NSTECK Coins and/or NSTECK GiftCards from NSTECK.COM. NSTECK Coins and/or NSTECK GiftCards are not redeemable for cash or other cards, is not reloadable or refundable and cannot be resold, exchanged or transferred for value, except as required by law.
g) NSTECK.COM has the right to block the redemption or use of NSTECK Coins and/or NSTECK GiftCards in the following cases:
- expiration of the NSTECK Coins and/or NSTECK GiftCards;
- the occurrence of reasonable objections to revoke NSTECK Coins and/or NSTECK GiftCards, in particular NSTECK Coins and/or NSTECK GiftCards are used in violation of applicable law;
- NSTECK Coins and/or NSTECK GiftCards are obtained from an illegal source or in an illegal manner;
- an User use the NSTECK Coins and/or NSTECK GiftCards in violation of Terms and Conditions, or applicable law.
h) NSTECK.COM is not responsible if the unredeemed NSTECK Coins and/or NSTECK GiftCards are lost, stolen, destroyed or used without the User’s permission.
i) The redeemed balance on the Site may not be used to purchase other NSTECK Coins and/or NSTECK GiftCards.
j) NSTECK.COM is entitled to establish redemption limitation related to due to AML/CTF policy and/or applied law.
k) NSTECK Coins and NSTECK GiftCard may not be redeemed by the User who has place of residence, headquarter or place of habitual residence in European Economic Area and United Kingdom.
6.22. NSTECK API
a) The goods and/or services listed on the SUPPLIER’s Store may be sold on the SUPPLIER’s external online store where the NSTECK API was implemented. The NSTECK API is an application allows the SUPPLIER to integrate the external online store with the SUPPLIER’s Store under which the goods and/or services listed on the Site may be sold on said external online store.
b) In order to implement the NSTECK API by the SUPPLIER on external online store, the SUPPLIER is obligated to complete the entire AML/CFT process and provide NSTECK.COM with the store URL address. During the verification procedure NSTECK.COM is entitled to ask the SUPPLIER for personal and/or register data, including but not limited to name, surname, nationality, address, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number, and ultimate beneficial owner, etc. The SUPPLIER is obligated to offer goods and/or services via the NSTECK API solely through a website to which the aforesaid URL address was provided to NSTECK.COM.
c) The transaction between the SUPPLIER who implemented the NSTECK API and the external buyer is done when NSTECK.COM receives confirmation from the bank or payment institution’s internal system that funds for sold good and/or service are duly processed and/or the cd-key related to sold good and/or service was downloaded or displayed by the SUPPLIER or external buyer.
d) Each time once the external buyer purchase a good and/or service with use of the NSTECK API on the SUPPLIER’s external online store, then the SUPPLIER’s NSTECK Balance is to be immediately charged by the price and other fee which shall be paid for the sold good and/or service on the SUPPLIER’s Store. The SUPPLIER who implemented the NSTECK API on the external online store is required to maintain appropriate and adequate funds level on NSTECK Balance to meet all external buyers demands for a good and/or service offered on the SUPPLIER’s Store and to pay NSTECK.COM all and any price and fee. In the event of insufficient funds on the SUPPLIER’s NSTECK Balance, the sale transaction of goods and/or services offered on the SUPPLIER’s Store may be suspended or canceled by NSTECK.COM. For the avoidance of doubt, NSTECK.COM is not responsible for collection of any price or fee from external buyer who purchased a good and/or service via external online store where the NSTECK API was implemented – this obligation is on the SUPPLIER’s side.
e) The SUPPLIER who implemented the NSTECK API on the external online store and external buyer who purchased a good and/or service on the external online store where the NSTECK API was implemented are not entitled to receive cashback or NSTECK Loot Points.
f) Each SUPPLIER who implemented NSTECK API on the external online store is entitled to have only limited number of transaction requests per day as may be executed with use of NSTECK API and as are defined accordingly in the following links: https://www.NSTECK.com/integration-api/documentation/import and https://www.NSTECK.com/integration-api/documentation/export. If there is a need to increase the said transaction requests number, the SUPPLIER shall to contact with NSTECK.COM in this regards.
g) Each SUPPLIER is entitled to have only one account and set up only one SUPPLIER’ Store with NSTECK API, unless NSTECK.COM decides otherwise.
h) The NSTECK API may also be implemented with the third party application which allows to list and sell goods and/or services on the Site directly form the third party application panel. Without prejudice to other sections set forth in this point 6.22, sections a) – g) above shall not be applied to NSTECK API implemented in the third party application which allows to list and sell goods and/or services on the Site.
i) Each SUPPLIER who uses third party application where NSTECK API was be implemented acknowledges that he acts as the administrator of personal data of the User within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) Under this obligation, the SUPPLIER authorizes NSTECK.COM to share personal data of the User to third party applications where NSTECK API was implemented on the terms and conditions described below:
· The SUPPLIER is the data controller of a buyer personal data, and the NSTECK.COM is the data processor within the meaning of GDPR. The SUPPLIER declares that the Buyer’s personal data entrusted to NSTECK.COM are being processed by it in accordance with the law.
· NSTECK.COM will process the Buyer’s personal data exclusively on behalf of the SUPPLIER under these Terms and Conditions, and in accordance with the Buyer’s personal data protection regulations for the purposes and for the time required to perform these Terms and Conditions. NSTECK.COM will allow only appropriately authorised persons to process Buyer’s personal data. NSTECK.COM will ensure the highest confidentiality for Buyer’s personal data, including ensuring that all persons authorised to process Buyer’s personal data maintain confidentiality. NSTECK.COM will use appropriate technical and organisational measures to ensure the security of entrusted Buyer’s personal data, taking into account the scope of application and methods of protection referred to in Article 32 of GDPR. NSTECK.COM must, in particular, secure Buyer’s personal data against disclosure to unauthorised parties, and their removal, loss, damage or destruction.
· The SUPPLIER has the right to inspect whether NSTECK.COM is securing and processing Buyer’s personal data using organisational and technical measures that ensure the compliance of the Buyer’s personal data processing with Buyer’s personal data protection regulations, in particular GDPR. The SUPPLIER’s inspection may include, in particular, the systems and procedures that the NSTECK.COM has adopted. The SUPPLIER’s inspections may not take place more frequently than every year. The inspections may be carried out by the SUPPLIER or by an auditor authorised by it. For each inspection, the SUPPLIER notifies the NSTECK.COM in advance, albeit with not less than 10 days’ notice of the intention to carry out an inspection. The SUPPLIER will exercise the right of inspection during the NSTECK.COM’s working hours in a way that does not impede the NSTECK.COM’s work.
· NSTECK.COM will cooperate, including replying fully and promptly to questions from the supervisory authority, in the extent in which the questions addressed to the SUPPLIER may relate to Buyer’s personal data entrusted the NSTECK.COM by the SUPPLIER. NSTECK.COM will promptly inform the SUPPLIER about any breaches of data protection, not later than within 72 hours from identifying such breach, or gaining suspicion of such breach. NSTECK.COM will assist the SUPPLIER in complying with the obligation to report a breach to the supervisory authority and notify the data subject about the breach, in particular by providing the SUPPLIER with detailed information regarding the breach or suspected breach and through close cooperation with the SUPPLIER.
· NSTECK.COM is responsible for non-performance or improper performance of hereby this point i) up to the amount of 1000 Euro.
· NSTECK.COM will assist the SUPPLIER as far as possible to comply with the obligation to respond to requests from a Buyer’s personal data in the exercise of that person’s rights set out in the provisions of Section III of GDPR and all other obligations of the SUPPLIER set out in GDPR. If a request is received from any Buyer, whose Buyer’s personal data is being processed NSTECK.COM will promptly forward such request to the SUPPLIER.
· NSTECK.COM will not transfer to any Buyer, whose Buyer’s personal data is being processed any information, without the prior written consent of the SUPPLIER and after agreeing the content of such information with the SUPPLIER.
· NSTECK.COM will not use the services of another NSTECK.COM without the prior detailed consent of the SUPPLIER expressed in writing, including in electronic form, although the processing of the Buyer’s personal data must remain within the limits, purposes and scope of the data processing.
· Consent for NSTECK.COM to use the services of another NSTECK.COM may be granted, only if the same data protection obligations that are set out in these Terms and Conditions are imposed on this other NSTECK.COM. Nevertheless, in any case, NSTECK.COM will retain full responsibility towards the SUPPLIER for the fulfilment of obligations by such other data processor.
· Buyer’s personal data will be processed only in EEA countries. The transfer of Buyer’s personal data outside the EEA is allowed only with the prior consent of the SUPPLIER expressed in writing, including in electronic form. If the SUPPLIER consents to a transfer of Buyer’s personal data outside EEA countries or to an international organisation, the transfer will take place in accordance with the specifications of Section V of GDPR.
· The Terms and Conditions regarding the point i) may be terminated by NSTECK.COM with two weeks’ notice in writing.
· The transferred Buyer’s personal data will be subject to the following processing - disclosure by transmission, dissemination or otherwise making available to any entity each time indicated by the SUPPLIER. Categories of Buyer’s personal data as will be processed under this section i) of these Terms and Conditions are as follows: (i) Buyer as a physical person - first name and surname, place of residence (correspondence address), email address, phone number (ii) Buyer as a legal entity, persons operating as sole traders - company name / full name, company ID, also trading name in the case of persons operating as sole traders: VAT/ tax number, address, post code/ ZIP, city, country.
j) The SUPPLIER are obligated to promptly restrict access to a good and/or service obtained or provided via the NSTECK API, if it is required by applicable laws and/or regulations.
k) NSTECK.COM declares the NSTECK API is the constantly evolving product and it causes that NSTECK.COM is entitled to provide updates to the NSTECK API from time to time to SUPPLIER. Each SUPPLIER who uses the NSTECK API is obligated to instantly applied any updates released by NSTECK.COM, despite of that it may bring backward incompatible changes. For the avoidance of doubt, NSTECK.COM shall not at any time be obliged to provide any modifications to the NSTECK API, including without limitation any updates, upgrades and/or any new version of the NSTECK API.
l) The SUPPLIER who use the NSTECK API are aware that NSTECK.COM hereby expressly declines all warranties, including but not limited to any good or service description, warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the good and/or service sold by the SUPPLIER - NSTECK.COM makes no warranty regarding any good and/or service that are purchased or obtained through the NSTECK API.
m) Any complaints regarding the NSTECK API should be reported by the SUPPLIER on the NSTECK.COM’s Support Center.
n) NSTECK.COM grants the SUPPLIER and a third party provider who implement the NSTECK API in the application a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the NSTECK API in the manner permitted by and subject always to these Terms and Conditions, without the right to modification of the NSTECK API.
o) The SUPPLIER and a third party provider who implement the NSTECK API in the application shall not:
· sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish the NSTECK API or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;
· interfere with or disrupt the NSTECK API or the servers or networks providing the NSTECK API or any part thereof;
· reverse engineer or extract, or attempt to reverse engineer or extract, the source code from any NSTECK API;
· change, modify, add, or remove portions of the NSTECK API source code;
· provide access to the NSTECK API in any unauthorized way;
· make any action which may compromising or destabilizing the NSTECK API;
· transmitting any code which may cause damage of the NSTECK API or any data;
· use the NSTECK API in a manner which: (i) contravenes any applicable laws and regulations; or (ii) promotes or facilitates any form of material or activity which NSTECK.COM deems objectionable or would subject itself to reputational risk, including, without limitation, gambling, obscenity, pornography, prostitution, drugs, crime, cruelty, violence and any other materials or activities; (iii) delete or alter any trade names, trademarks, logos, domain names and/or other attribution to NSTECK.COM’s brand, which are provided due to the use of the NSTECK API.
Any breach of the aforesaid requirements or restrictions shall result in immediate and automatic termination of all rights and license granted hereunder.
p) The SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API in the application must (i) obey all applicable laws and regulations related to its business operation; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or equipment via NSTECK API; and (iv) not post, promote or transmit any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature via NSTECK API.
q) The SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API in the application may not:
· use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
· upload, post, host, or transmit unsolicited e-mail, SMS, or spam messages;
· transmit any worms or viruses or any code of a destructive nature. If the SUPPLIER who implement the NSTECK API on the external online store and/or a third party provider who implement the NSTECK API in the application become aware of any issues with the NSTECK API that result in the improper functioning of the NSTECK API, he/she is bound to inform NSTECK.COM instantly in this regards. If no such notice is provided, the NSTECK API cannot be held responsible for the due consequences.
r) NSTECK.COM shall not be liable for any errors or delays in the NSTECK API, or third party application uses the NSTECK API, the external online SUPPLIER store or for any actions taken in reliance thereon. The SUPPLIER and a third party provider who implement the NSTECK API in the application understand and agree to use the NSTECK API his/her own discretion and risk and that he/she will be solely responsible for any damages that arise from use of the NSTECK API. NSTECK.COM will use commercially reasonable efforts to make the NSTECK API services available with a yearly uptime percentage of at least 95% during any yearly cycle. In the event of occurrence any critical issue in the NSTECK API, NSTECK.COM will endeavor to remove a bug or provide a bug workaround (workaround does not mean a bug fixation, but allows to use key functionalities of the NSTECK API) within 1 (one) week hereof.
s) The NSTECK API is provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE NSTECK API, OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE NSTECK API. Without prejudice to the generality of the foregoing, NSTECK.COM does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the NSTECK API; (ii) that the use of and/or access to NSTECK API will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the NSTECK API will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the NSTECK API will not infringe rights of third parties.
t) NSTECK.COM shall in no event nor for any reason whatsoever be liable, even if NSTECK.COM has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the NSTECK API; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage linked to the NSTECK API or provided through the NSTECK API; (iv) any services, products, information, data, software or other material made available, obtained or downloaded from the NSTECK API or from any other website or webpage linked to the NSTECK API or from any other party referred by the NSTECK API, or through the use of the NSTECK API, or (v) your use or misuse of the NSTECK API. In no event shall NSTECK.COM be liable to the User, or any other party for: (i) amounts due from other users of the NSTECK API in connection with the purchase of any products/services; (ii) damages arising in connection with the use of the NSTECK API, by the User or other third party; and/or (iii) sales, customs and/or import or export taxes.
u) The SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API agree to indemnify and hold NSTECK.COM and its related organizations, and any of their officers, directors, agents, employees and licensors harmless from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including legal fees) arising out of or relating to use of the NSTECK API. The SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API will cooperate fully in the defense of any allegation or third-party legal proceeding. NSTECK.COM reserves the right to assume the exclusive control and defense of any indemnified matter under this clause 6.22. Notwithstanding the foregoing, the total liability of NSTECK.COM against the SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API. All claims arising from the use of the NSTECK API have to be raised within fourteen (14) days after the date on which a problem occurs.
v) Each Party, in its sole discretion, may terminate the agreement related to use the NSTECK API with 30 (thirty) calendar days’ notice period. NSTECK.COM is entitled, at its own discretion, to restrict, suspense or terminate NSTECK API without termination period if NSTECK.COM: (i) is subject to a legal or regulatory obligation which requires it to restrict, suspense or terminate the provision of the whole of its Services to a given Digital Products Suppliers (DPS) in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) can demonstrate that the Digital Products Suppliers (DPS) concerned has repeatedly infringed the applicable Terms and Conditions, resulting in the termination of the provision of the whole of the Services Upon termination of the agreement related to use the NSTECK API for any reason whatsoever, all rights and/or licenses granted under these Terms and Conditions shall immediately cease and terminate and the SUPPLIER who implement the NSTECK API on the external online store and a third party provider who implement the NSTECK API shall forthwith cease the access and use of the NSTECK API in any way whatsoever. Termination of the agreement related to use the NSTECK API for any reason: (i) shall not affect the Digital Products Suppliers (DPS)’s obligation to make full payment of any fees payable if such fee has not already been paid; and (ii) shall not bring to an end the Digital Products Suppliers (DPS)’s obligations or NSTECK.COM’s rights under any provisions of these Terms and Conditions which are meant to survive the termination.
w) Using NSTECK.COM’s brand to be visible on the SUPPLIER's external online store such as e.g. "Powered by NSTECK" label should be obligatorily consulted with account manager (if designated to the given User) or requested through tickets@NSTECK.com.
6.23. Money Back Guarantee
a) SUPPLIER or Suppling User is entitled to cover his/her product(s) under the Money Back Guarantee program. The Money Back Guarantee program guarantees the User buying on the SUPPLIER’s Store product covered by Money Back Guarantee program that in case the product is faulty the SUPPLIER or Suppling User shall refund the full amount to the User. Faulty product means a cd-key purchased by the User from the SUPPLIER’s Store which is incorrect, used, or revoked, but not because of the User’s fault. Note: Business Verified Users are not able to apply under Money Back Guarantee program.
IN CASE A GIVEN SUPPLIER’S STORE CHOOSES NOT TO COVER HIS OR HER PRODUCTS UNDER THE MONEY BACK GUARANTEE PROGRAM HE OR SHE SHOULD NOTIFY SUCH DECISION VIA THE DEDICATED CUSTOMERS SUPPORT.
b) Money Back Guarantee shall not be applied to any NSTECK Giftcard, NSTECK Coin, official Microsoft software, e-learning courses, product sold by the sole proprietors of the product (e.g. official developer) and any product which was granted for or purchased under NSTECK Loot.
c) User who has purchased the faulty product covered by the Money Back Guarantee program should directly contact the SUPPLIER or Suppling User via the conversation module with the description of the issue and the request of refund. In case User does not receive the response from the SUPPLIER or Suppling User, or the SUPPLIER or the Suppling rejects the User’s claims and agreement is executed regarding the refund between them, the User can file a complaint via the Claim form as stipulated in point d) of this section 6.23.
d) To receive a refund under Money Back Guarantee program, the User shall provide the necessary information:
· a claim concerning the product sold by the SUPPLIER or the Suppling User covered by the Money Back Guarantee program on the SUPPLIER’s Store where he/she is obligated to include User’s data, order information and description of fault product („Claim”); the Claim shall be submitted under the Claim form available on the Site, and the information provided therein shall be true, reliable and complete; and
· a document confirming (1) the submission of notification to or (2) beginning of investigation by competent government authority (determined by the country where purchase has been made) regarding the Claimed product detrimental to the User; at NSTECK.COM’s sole discretion, the User may be bound to provide NSTECK.COM with an official decision related to initiation by the government authority an investigation or legal procedure along with a case reference number assigned by the government authority; the relevant confirmation shall be delivered, at NSTECK.COM absolute discretion, in an original hard copy sent to the address set forth in provision 6.23 m) herein, or as a scan and attached to the Claim form.
e) The User may submit the Claim:
· no earlier than 7 days after notification, if no response is received from the SUPPLIER or Suppling User for the product purchased with the Money Back Guarantee program, and/or
· no earlier than 7 days after rejection of the claims in the conversation module by the SUPPLIER or Suppling User related to the faulty product covered by the Money Back Guarantee program, and
· no later than 365 days after the User purchased the faulty product and paid full price for it.
f) The User is obligated to provide all necessary and requested information in the Claim form and supporting documents regarding the Claim within 40 days from the date of a Claim form was submitted by the User. Once the said term expires the User is not entitled to receive the refund under Money Back Guarantee program.
g) The User shall not be entitled to receive a refund under Money Back Guarantee program, and the granted refund shall be reimbursed by the User, in the event of:
· the User did not contact the SUPPLIER or Suppling User prior submitting a Claim under Money Back Guarantee program;
· the User violated any of provisions of these Terms and Conditions;
· the User received alternative refund or compensation related to a faulty product from the SUPPLIER, Suppling User and/or any third party, including Intermediate Body;
· the User opened a refund claim procedure on any resolution center offered by any of an Intermediate Body.
h) To assure the quality of service and to prevent from abusing of Money Back Guarantee program, NSTECK.COM reserves the right at any time to:
· verify the validity of all Claims received and all Users;
· demand to provide additional information from the User;
· disqualify any Claim submitted in violation of these Terms and Conditions.
i) The refund shall be processed by the SUPPLIER or Suppling User within 5 working days from the date of receipt of all requested information, including requested documents.
j) The User is entitled to receive a refund under Money Back Guarantee program no more than 3 times in each calendar year, however, the aggregate amount of all refunds shall not exceed EUR 2,500.00 (two thousand five hundred euros) in each calendar year.
k) Under Money Back Guarantee program, the refund shall not cover any additional costs related or unrelated to the purchase of faulty product covered by the Money Back Guarantee program on the Site, including costs of mail shipment and/or costs of file a report to the authorities.
l) If the faulty product was purchased under the Money Back Guarantee program at a promotional price, the User will receive a refund at that same promotional price. In case the faulty product was purchased on a multi buy offer, the User may receive a refund solely for faulty product.
n) The refund of amount under Money Back Guarantee program shall be paid via the same payment method as the User chose while purchasing of faulty product. In the event of payment the refund via the aforementioned payment method is unavailable for any reasons, the refund under Money Back Guarantee shall be paid to the User on his/her NSTECK Balance (if available).
m) All inquiries relating to Money Back Guarantee shall be addressed to GLOBAL R&D sp. z o.o with its registered office in Warsaw, Poland, address: Emili Plater street no. 53, 00-113 Warsaw, Poland.
o) Without prejudice to article 6.23 b), Money Back Guarantee program shall apply to all products covered by the Money Back Guarantee program by the SUPPLIER or Suppling user purchased after January 01, 2019.
p) The User transfers to NSTECK.COM, and NSTECK.COM acquires from the User all rights to claims, including all rights related or resulting thereto, which the User is entitled towards the SUPPLIER or Suppling User as a result of purchase on the SUPPLIER’s Store of the faulty product from that SUPPLIER or Suppling User by the User up to the amount of said faulty product price increased by shipping and payments costs. The all claims set forth in previous sentence shall be acquired by NSTECK.COM at the moment of NSTECK.COM reimburses to the User full or a partial refund of a price due to purchasing faulty product on the SUPPLIER’s Store by the User from SUPPLIER or Suppling User. The User acknowledges and confirms that aforesaid rights to claims at the date of their transfer to NSTECK.COM shall be free of all or any encumbrances and the transfer of them to NSTECK.COM shall not be excluded or limited in any way.
q) Each SUPPLIER or Suppling User which participates in the Money Back Guarantee program authorizes NSTECK.COM to provide administration services related to the Money Back Guarantee, including they authorizes NSTECK.COM to handling entire User’s claims. NSTECK.COM undertakes this activity free of charge for the SUPPLIER or Suppling User.
6.25. NSTECK Marketplace Rating System
a) NSTECK.COM makes available the NSTECK Marketplace Rating System under which the User has the right to provide the SUPPLIER or Suppling User with a feedback related to a product purchased on his/her SUPPLIER’s Store. Under this service, NSTECK.COM offers the dispute management tool where the parties may resolve their problems concerning the transaction executed via the SUPPLIER’s Store.
b) After 30 (thirty) days of purchase of a product on the SUPPLIER’s Store, the User is entitled to give the SUPPLIER or Suppling User a positive or negative rating related to foregoing transaction.
c) If the SUPPLIER or Suppling User received the negative rating from the User, he is entitled to:
- start dispute with the User via the conversation module available in his/her SUPPLIER’s Store; under foregoing dispute, the SUPPLIER or Suppling User is entitled to demand from the User to (i) provide him with clarification of the negative rating and/or (ii) request to its change; the change of negative rating is proceeded on the User discretion; NSTECK.COM does not interfere in dispute conducted between the User and SUPPLIER or Suppling User;
- provide NSTECK.COM with information concerning the rating abuse incident made by the User, provided, however, that the SUPPLIER or Suppling User had contacted with the User in order to resolve the dispute, and it has not been resolved properly.
d) The negative rating granted by the User to the SUPPLIER or Suppling User may be one-time changed by the User, if the SUPPLIER or Suppling User resolves the User’s problem with the purchased product in one of the following way:
· provide the User with a full refund for sold product; or
· provide the User with the same replaced product.
e) If the User accepts the refund or replaced product, then he will be required to change the SUPPLIER’s or Suppling User’s negative rating. If the User does not response for requirement within 7 (seven) days hereof, the rating of the SUPPLIER or Suppling User shall be automatically changed into neutral.
f) Providing the User with a different product by the SUPPLIER or Suppling User does not grant a possibility to change negative rating related to disputed product – in that case the User is entitled to grant the SUPPLIER or Suppling User with the new rating for such different product.
g) The rating abuse incident reported by the SUPPLIER or Suppling User may be declined by NSTECK.COM at its absolute discretion, if the negative rating being the subject of rating abuse report violates these Terms and Conditions.
h) Rejected rating abuse incident by NSTECK.COM will deduct the limit of available rating abuse requests that may be reported by the SUPPLIER or Suppling User on monthly basis.
i) If the User violates these Terms and Conditions, NSTECK.COM reserves the rights to:
· remove or change the neutral or negative rating granted by the User without receiving a rating abuse incident request from the SUPPLIER or Suppling User, or
· suspend or terminate access to NSTECK.COM services offered on the Site to the User.
j) At its absolute discretion, NSTECK.COM is entitled to verify and edit the comment provided by the User, SUPPLIER or Suppling User within the NSTECK Marketplace Rating System if:
· it is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory, racist, unlawful, malicious, misleading, discriminatory or which might call NSTECK.COM or the Service into disrepute;
· the User acts against the SUPPLIER or Suppling User by deliberately giving him/her negative ratings;
· impersonates any moderator, administrator or any staff or other persons connected with NSTECK.COM;
· infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
· includes restricted and/or password protected content or material;
· tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;
· tries to gain unauthorized access to any profiles, blogs, forums, communities, account information, bulletins, or other aspects of the Service.
6.26. NSTECK Pro
a) The User is entitled to engage in NSTECK Pro program which lets to participate in challenges and quests organized by NSTECK.COM as well as to communicate with other Users.
b) As a part of NSTECK Pro program, each User can receive different types of rewards by doing activities chosen by him/her on the NSTECK Pro account. The foregoing rewards that User can receive include: avatar frames, badges, cover images, experience points, titles and NSTECK Coins, NSTECK Loot Points (NSTECK Coins shall not be granted to the User who has place of residence, headquarter or place of habitual residence in European Economic Area or United Kingdom). The aforesaid rewards may be claimed by the User from NSTECK Pro account in accordance with the rules described on the Site.
c) THE NSTECK LOOT POINTS ARE GRANTED DIRECTLY TO THE USER BY NSTECK.COM’S EXTERNAL PARTNER, I.E. STERLING MEDIA LIMITED WITH ITS REGISTERED OFFICE ON MARSHALL ISLANDS. BEFORE USING NSTECK LOOT POINTS, THE USER IS OBLIGATED TO FAMILIAR, ACCEPT AND OBSERVE THE NSTECK LOOT TERMS AND CONDITIONS. IF THE USER DOES NOT FAMILIAR, ACCEPT AND OBSERVE SAID NSTECK LOOT TERMS AND CONDITIONS, HE/SHE IS NOT ENTITLED TO RECEIVE PRODUCT OFFERED UNDER THE NSTECK LOOT.
d) WITHOUT PREJUDICE TO ANY OTHER RESTRICTIONS OR LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS, THE USER IS ENTITLED TO CLAIM THE NSTECK LOOT POINTS AND THE NSTECK COINS SOLELY WITHIN THE TIME LIMIT SPECIFIED IN THE NSTECK PRO ACCOUNT. IF THE USER DOES NOT CLAIM THE NSTECK LOOT POINTS OR NSTECK COINS IN SPECIFIED PERIOD OF TIME, HE/SHE LOSES RIGHT TO DO SO.
e) In the event of the User makes a refund of any part of the order which is connected to rewards obtained under NSTECK Pro, the rewards granted under NSTECK Pro program related to that refund are to be reverted from the User’s NSTECK Pro account.
f) NSTECK.COM is entitled to revert any rewards obtained by the User under NSTECK Pro program, if the User makes any fraud related to order having influence of gaining rewards under NSTECK Pro program. For the avoidance of doubt, the entitlement set out in previous sentence does not restrict or limit NSTECK.COM’s rights to protect its rights in accordance with applicable law.
g) The User may upload digital contents, including avatars, images etc. on the NSTECK Pro account. The User is solely responsible for such digital content. Once the User upload digital content which is covered by intellectual property rights (like photos or videos), he/she grants NSTECK.COM a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to said digital content to host and/or publicly display. The User can end such license at any time by deleting uploaded digital content via the NSTECK Pro account. The User acknowledges and confirms that digital content deleted by the User - due to technical reasons - may persist for a limited period of time in backup copies (though it will not be visible to other Users). In addition, digital contents that have been deleted may continue to appear if the User have shared it with others and they have not deleted it.
h) NSTECK.COM shall not be liable for any storage digital content which has been uploaded, submitted, presented or published through the Site by the User. The User warrants, acknowledges and is responsible for the fact that any digital content, including image, as to be uploaded submitted, presented or published through the Site by the User, including in the NSTECK Pro account, shall fulfill the following conditions and:
• be genuine, appropriate, complete and lawful;
• not be false, deceitful or unreliable;
• not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
• not violate these Terms and Conditions or the Privacy and Cookies Policy;
• not infringe any applicable laws, regulations, third party’s rights including copyrights, license, or intellectual property rights or promote any behavior that might infringe or violate any applicable laws or legal provisions;
• not link to any website(s) that might contain content infringing the above.
i) NSTECK.COM uses reasonable skill and care in providing services under NSTECK Pro to Users and in keeping a safe, secure, and error-free environment, but NSTECK.COM cannot guarantee that its services under NSTECK Pro will always function without disruptions, delays, or imperfections. Provided NSTECK.COM have acted with reasonable skill and care, NSTECK.COM does not accept responsibility for: losses not caused by NSTECK.COM’s breach of these Terms and Conditions or otherwise by NSTECK.COM’s acts; losses which are not reasonably foreseeable by the User and NSTECK.COM at the time of entering into these Terms and Conditions. The above does not exclude or limit our liability for any other things where the law does not permit to do so.
j) If NSTECK.COM determines that the User has violated these Terms and Conditions or applicable law, NSTECK.COM may suspend or permanently disable access to his/her NSTECK Pro account. NSTECK.COM may also suspend or disable any NSTECK Pro account, if NSTECK.COM required to do so by law. Where appropriate, NSTECK.COM will notify the User about actions regarding the NSTECK Pro account the next time the User try to access it.
k) By entering the NSTECK Pro program the User accepts and grants consent to use his/her personal data for the purpose of participation in the NSTECK Pro program.
l) NSTECK.COM declares that any images uploaded by the User on NSTECK Pro account will not be a subject of technical processing which allow or confirm the unique identification of that User. NSTECK.COM collects personal data, the content, communications and other information that the User provides when participate in NSTECK Pro program, including when the User signs up for an account, create or share content, and message or communicate with others. This can include information in or about the content the User provides, such as a photo. NSTECK.COM collects all the above in order to provide the User with services available in NSTECK Pro program.
m) By uploading the User’s photo in NSTECK Pro program account the User consents to process her/his personal data like image in the purpose relating to participation in NSTECK Pro program, User consents to public availability of his/her image during participation in NSTECK Pro program, or until the User delates her/his photo. This consent is voluntary and may be withdrawn at any time by sending a request by https://supportcenter.NSTECK.com/#/tickets/add/gdprform. Withdrawal of consent, however, does not affect the legality of processing that takes place on the basis of consent prior to its withdrawal.
n) Data controller of personal data of the User is NSTECK.COM Limited with its registered office in 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, United Kingdom.
o) The User has the right to demand to provide access to personal data, its correction, deletion, limitation on processing, or transfer, as well as the right to file a complaint with the Chairman of the Personal Data Protection Office. In order to benefit from these rights, the User should contact with https://supportcenter.NSTECK.com/#/tickets/add/gdprform. Any detailed information relating to processing your personal data you will find in the Privacy and Cookies Policy.
p) When the User deletes his/her account, NSTECK.COM deletes things that have been posted by him/her, such as photos and status updates, and the User will not be able to recover that information later. Information that others Users have shared about the User is not part of the User’s account and will not be deleted.
6.27. NSTECK PLUS
a) The User is entitled to purchase NSTECK PLUS a subscription program under which they may obtain in each month of subscription benefits which include access to:
· One (1) product key for video game as the User may receive under NSTECK Loot program which may be claimed starting from 5th day of each month (00:00 UTC) and up to 4th day of next month (23:59 UTC); the unclaimed product key for video game within aforesaid period is lost;
· Top Priority Support;
· Discounts for products and/or service which are to be presented NSTECK.com/plus.
The aforesaid benefits are presented on website at NSTECK.com/plus.
The product key is assigned to the User’s account on an external platform that offers a video game to download.
NSTECK PLUS is offered solely to the User which is a consumer. NSTECK PLUS is offered by the NSTECK.COM LIMITED or NSTECK LTD, depending on which of them is a party to the agreement in accordance with next sentence of these Terms and Conditions. The User who purchases NSTECK PLUS and having its place of residence, headquarter or place of habitual residence not in the territory of Australia, Singapore or United Kingdom executes the purchase agreement with the NSTECK.COM LIMITED while the User who purchases NSTECK PLUS and having its place of residence, headquarter or place of habitual residence in the territory of Australia, Singapore or United Kingdom executes the purchase agreement with NSTECK LTD.
Discounts on products and/or services to which NSTECK PLUS applies may be subject to limitations which include, but are not limited to, minimum and/or max purchase requirements, category/item restrictions, number, category and/or kind of products and/or services that may be purchased with discount in each month, and/or territory restrictions. The aforesaid limitations shall be always presented at NSTECK.com/plus.
b) NSTECK.COM represents and the User agree that all of the benefits set forth in section a) above may not be available in each month of NSTECK PLUS subscription. The User agrees that in some months of NSTECK PLUS subscription they will be able to obtain only part of the benefits mentioned above, which will not affect the reduction or refund of the fee paid by the User for NSTECK PLUS subscription.
c) Discounts for products and/or services under NSTECK PLUS are available within a limited amount and/or for limited time. The User is not entitled to get access to Discounts for products and/or services if the limited amount of offers related to them expires or have been sold.
d) The User acknowledges and agrees the products and/or services prices offered at the Site are presented on a NSTECK PLUS banner is the suggested price. The final products and/or services prices offered at the Site by various Digital Products Suppliers (DPS)’ Stores shall be displayed in the NSTECK PAY checkout summary (the place where the User can choose a payment method).
e) The User may purchase NSTECK PLUS for:
· limited period of time - 1 (one), 3 (three), 6 (six), 12 (twelve) months, or
· indefinite period of time – with billing period of 1 (one) or 12 (twelve) months.
To a price for the NSTECK PLUS shall be added taxes. The NSTECK PLUS subscription shall start once the User active it on the administration panel.
f) The price for NSTECK PLUS shall be paid, in advance, by the User through a single payment or by means of recurring payment method. The single payment may be used solely to NSTECK PLUS concluded for limited period of time. The recurring payment method may be used solely to NSTECK PLUS concluded for indefinite period of time.
g) If the User purchased NSTECK PLUS for indefinite period of time, the NSTECK PLUS subscription fee shall be billed each times in advance monthly or yearly (depending on the billing period selected by the User) from the User’s bank account, PayPal, NSTECK Balance account or any other payment instrument selected by the User during purchasing process, unless and until the User cancel it.
h) NSTECK PLUS purchased via NSTECK PAY checkout by means of recurring payment method is free of charge for initial term lasting for 7 (seven) calendar days from the date of its purchase. Thereafter, NSTECK PLUS is concluded for undefined period of time with monthly billing period, unless earlier terminated by the User or NSTECK.COM. AFTER THE INITIAL TERM IS LAPSED, THE USER SHALL PAY TO NSTECK.COM THE FEE THAT IS ALWAYS SHOWN ON THE SITE. THE PAYMENT FOR THE SUBSCRIPTION IS CHARGED IN ADVANCE ONCE A MONTH. THE SUBSCRIPTION PRICE OF NSTECK PLUS MAY VARY IN A GIVEN MONTH OF SUBSCRIPTION, HOWEVER, THE CURRENT PRICE SHALL ALWAYS BE PRESENTED ON THE SITE - SUBSCRIPTION PRICE FOR NSTECK PLUS IS SUBJECT TO CHANGE. New price of the NSTECK PLUS takes effect upon the start of a new month of NSTECK PLUS subscription. NSTECK.COM shall notify the User who has purchased the subscription of NSTECK PLUS of any price changes related to subsequent month of NSTECK PLUS via e-mail prior to it takes into effect. If the User does not agree upon changed price, they are entitled to cancel NSTECK PLUS subscription in any time.
i) The benefits under NSTECK PLUS set forth in section a) above are provided to the User who purchased it with use of recurring payment method only when NSTECK.COM receives price for given month or year of NSTECK PLUS subscription from the User.
j) If the User does not want to continue the subscription of NSTECK PLUS concluded for indefinite period of time, they may cancel it by unselecting subscription in the account panel at any time, however, the cancellation of the subscription does not assure the right to refund of any NSTECK PLUS subscription fee provided by the User to NSTECK.COM before the date of receipt the cancellation by NSTECK.COM. Following any cancellation of NSTECK PLUS, the User may continue to have access to NSTECK PLUS through the end of the User’s current billing period. NSTECK.COM DOES NOT PROVIDE REFUNDS FOR ANY PARTIAL NSTECK PLUS BILLING PERIODS.
k) The User is obligated to create an account on www.NSTECK.com or in the mobile NSTECK app (available on Google Play and App Store) in order to participate in NSTECK PLUS.
l) NSTECK.COM reserves the right to suspend or cancel the User’s NSTECK PLUS subscription at any time if the User violates these Terms and Conditions, applicable law, and/or it is not enough funds in the User’s bank account, virtual balance or any other payment instrument selected by the User during purchasing process to charge price for the next installment of NSTECK PLUS subscription. In the event of suspense or cancellation of the User’s subscription, NSTECK.COM provides the User with a notice of such suspension or cancellation via User’s account or e-mail.
m) The User loses their right to access to benefits set forth in section a) at the moment of resignation from NSTECK PLUS subscription by the User or suspension, cancellation of the User’s NSTECK PLUS subscription by NSTECK.COM.
n) NSTECK.COM shall not be responsible for any services and/or products which the User may receive from an external partner (this section shall not be applied to Top Priority Support) with use of NSTECK PLUS, unless the applicable law provides otherwise. The User acknowledges and accepts that under NSTECK PLUS they may receive only possibility to access for benefits provided by an external partner, and NSTECK.COM is not a provider of products and/or services that can be purchased from the external partner on preferential conditions due to participation in NSTECK PLUS. Any responsibility related to a given benefit received by the User within participation in NSTECK PLUS lies on the external partner who provides to the User with products and/or services, unless the applicable law provides otherwise.
o) The User having a place of residence, or place of habitual residence within the European Union being a consumer has the right to withdraw from the NSTECK PLUS subscription within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the commencement of the provision of the NSTECK PLUS subscription. To exercise the right of withdrawal, the User, who is a consumer, must inform NSTECK.COM of their decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). The User may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the User withdraws from this agreement, NSTECK.COM shall reimburse to him/her all payments received from his/her, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which NSTECK.COM is informed about the decision to withdraw from the agreement. NSTECK.COM will carry out such reimbursement using the same means of payment as you used for the initial transaction unless the User has expressly agreed otherwise; in any event, the User, who is a consumer, will not incur any fees as a result of such reimbursement. To withdraw from the NSTECK PLUS subscription, the User may send a statement of withdrawal, for example (i) via the contact form on the Site by creating a ticket in NSTECK Support Center, (ii) in writing to NSTECK.COM’s address, or (iii) via e-mail mail at the following address: support@NSTECK.com. The User may use the form attached and the end of these Terms and Conditions. In the statement of withdrawal from the agreement, the User should enter (i) name and surname, (iii) email address, and (iv) postal address, if available. NSTECK.COM shall immediately confirm to the User the receipt of the withdrawal from the agreement in feedback to him/her on a durable medium, including via e-mail.
6.28. NSTECK Discount program
a) Each SUPPLIER or Suppling User may take part in the NSTECK Discount program. SUPPLIER and/or Suppling User participating in the NSTECK Discount program make available to the User discount code(s) that may be used to decrease the sale price of the goods and/or services offered within SUPPLIER’s Store.
b) NSTECK Discount program allows the User to obtain a discount for goods and/or services offered within SUPPLIER’s Store. In order to use the discount code under the NSTECK Discount program, the User can insert it in the dedicated place during the purchasing process.
c) Use of the discount code may be subject to the terms and conditions set by a particular SUPPLIER or the Suppling User and provided in separate documents available within the SUPPLIER’s Store. For the avoidance of doubt, the User who intends to use the discount code must meet all criteria as stated in the discount offer, which includes, but are not limited to, minimum and/or maximum purchase requirements, category/item restrictions, discount reuse limitations, expiration date, territory restrictions, the value of the discount etc. Therefore, it is recommended to read the terms of the discount offer and any other regulations set by a SUPPLIER or Suppling User before completing the purchasing process within the SUPPLIER’s Store.
d) The discount code under the NSTECK Discount program is valid for a limited time and may be used once or more depending on the discount offer; however, it cannot be combined with any other promotion, and/or discount, unless otherwise stated on the Site, especially within the SUPPLIER’s Store area.
e) The discount code under the NSTECK Discount program:
- must be used in one (1) payment for a transaction, but it may be a transaction for one (1) or more goods and/or services, for which such one (1) payment will be executed.
- cannot be combined with other discount codes in one (1) sale transaction.
f) In the event the given User violates the provisions of these Terms and Conditions, violates the law in connection with the program, and/or the User takes any actions to bypass or circumvent the provisions of a given promotion and/or security measures that have an impact on falsifying the data to collect and/or use the discount code, then SUPPLIER or Suppling User may authorize NSTECK.COM to:
- exclude such User from the NSTECK Discount, which means that the discount code possessed by them will be cancelled and/or they will not be entitled to use any further discount code for a specified time or permanently,
- suspend, restrict, block or close such a User’s account.
g) If the User withdraws from the transaction in which he/she used a discount code on the SUPPLIER’s Store, then the SUPPLIER and/or Suppling user reserves the right at his/her discretion not to return the amount which reduced the sale price by the use of the discount code, and the User is not entitled to a refund or receive a new discount code in connection with such withdrawal.
h) The discount code offered by the SUPPLIER and/or Suppling User under the NSTECK Discount program is not refundable, redeemable for cash, and cannot be resold, exchanged, transferred, or monetized in any way by the User unless the discount code offer’s or laws state otherwise.
i) The discount code is void if restricted or prohibited by law.
j) Each SUPPLIER or Suppling User who participates in the NSTECK Discount program authorizes NSTECK.COM to provide administration services and to administer marketing campaigns related to the NSTECK Discount program, including the provision of tools enabling sharing and use of discount code(s).
k) Each SUPPLIER or Suppling User who wishes to not participate in the NSTECK Discount program is entitled to resign from it at any time. To do so, such SUPPLIER or Suppling User must provide NSTECK.COM with their resignation in the written form delivered at the following address: NSTECK.COM, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, United Kingdom.
7. Obligations of the SUPPLIER and the Suppling User
7.1. Every SUPPLIER and every Suppling User warrants and acknowledges that:
a) has the full capacity and right to accept the Terms and Conditions and the Privacy and Cookies Policy, to grant licences and authorizations and assume such obligations;
b) by accepting these Terms and Conditions and by operating his/her SUPPLIER’s Store within the Site, particularly by placing any services or products or Suppling it on the SUPPLIER’s Store he/she confirms and asserts that such services or products are legally purchased and/or obtained and originate from legal sources, are free from any defects (both legal and physical) and any third party rights and claims and that the SUPPLIER and the Suppling User are entitled to place and sell such products or services, especially by way of copyrights possession, and that it has all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc., in particular the right to sale through the Internet, online system, as well as that the rights are not limited in any way;
c) the products and services offered through their Digital Products Suppliers (DPS)’ Stores (a) do not violate any third party rights, including copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights;
d) commits to use the Site and its functionalities in accordance with these Terms and Conditions, the law in force, rules of social conduct and good practices;
e) they will not engage in any activity detrimental to the good name and reputation of NSTECK.COM, which may have negative effect on the Site, or the products and services sold via the Site by multiple Digital Products Suppliers (DPS)’ Stores;
f) they will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to NSTECK.COM interests;g) they will not use the Site for any money laundering related activities nor for any actions providing to NSTECK.COM the risk of being accused of using the Site for money laundering purposes;
h) will not use the Site to resell products which were acquired free of charge or with a discount connected with a charity event or supporting such an event;
i) will not use more than one account for Suppling or buying; will not use VPN connection unless it is necessary to run a registered business;j) will not list and will not sell on his/her SUPPLIER’s Store digital goods which contain or may be used to receive, directly or indirectly: (i) pornographic contents or sexually-oriented materials, (ii) gambling, lottery or betting materials, (iii) personal information, (iv) hazardous, restricted, regulated materials, (v) embargoed digital goods, (vi) currency, or (vii) any other illegal contents and services, as well as (viii) any cdkeys or digital vouchers which indirectly allow access or acquisition to the digital contents as set forth in this section (j).
7.2. The SUPPLIER and the Suppling User are obliged to provide information or documents concerning their business, company or products/services at first request of NSTECK.COM. Each SUPPLIER and each Suppling User represents, warrants, acknowledges and takes full responsibility that:
a) the information and documents submitted during the registration process or further use of the Site are true, accurate, valid and complete; and
b) they will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.
7.3. Furthermore, each SUPPLIER and each Suppling User warrants, acknowledges and are responsible for the fact that the property on sale that they submit, present and publish through their Digital Products Suppliers (DPS)’ Stores will fulfill the following conditions and:
a) will be genuine, appropriate, complete and lawful;
b) will not be false, deceitful or unreliable;
c) will not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
d) will not violate the Password Policy, Terms and Conditions or the Privacy and Cookies Policy;
e) will not infringe any applicable laws or regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition or fraudulent advertising) or promote any behavior that might infringe or violate any applicable laws or legal provisions;
f) does not link, to any website(s) that might contain content infringing the above.
7.4. Furthermore, each SUPPLIER and each Suppling User assumes responsibility, warrants and acknowledges that they:
a) will take all actions when visiting the Sites in accordance with applicable laws and regulations;
b) will deal with other Site Users properly and in good faith;
c) will take all actions in accordance with the Terms and Conditions, other documents and applicable additional arrangements specified within the framework of the Site;
d) will not use the Site for embezzlement or abuse of other Users (e.g. sale of stolen property, use of stolen credit/debit cards);
e) will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;
f) will not become involved in spamming or phishing (will not acquire information deceitfully);
g) will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;
h) will not become involved in any attempt to reproduce, use or embezzle any legally reserved NSTECK.COM address directories, databases and password lists;
i) will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;
j) will not attempt to compromise the integrity of data, systems or networks used by NSTECK.COM and/or any other User or gain unauthorized access to such data, systems or networks;
k) will not become involved in any action that might otherwise render NSTECK.COM or our partners liable, in particular these specified in section 4.7 above.
7.5. If the SUPPLIER is a business representative of a company, it warrants and certifies that as such a representative he/she possesses the necessary consents and authorizations from their principal to:
a) act as a sales representative,
b) publish the contact details necessary to conduct business,
c) a third party will be able to use this data to contact him in matters important in the context of the business activity. In addition, the SUPPLIER certifies that third parties may contact the representative without the consent of his principal.
7.6. The SUPPLIER agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to NSTECK.COM customer care department for NSTECK.COM to provide its services depending on whether or not the SUPPLIER has violated the Terms and Conditions and/or a complaint against the User has been filed. If failure to do so is caused by any delay, suspension or denial of access to any Service, NSTECK.COM will not be obliged to extend the term of such a service or held liable for any loss or damage caused by such a delay, suspension or denial.
7.7. Each SUPPLIER and Suppling User agrees and acknowledges that they are obliged to act in conformity with all the laws and regulations applicable to themselves, the transaction and the respective User.
7.8. Every User warrants and acknowledges that they:
a) accept the Terms and Conditions and the Privacy and Cookies Policy;
b) will not engage in any activity detrimental to the good name and reputation of NSTECK.COM, which may have a negative effect on the Site, or the products and services sold via the Site;
c) will not take any actions violating the law in force, contrary to goods practices, rules of social conduct nor detrimental in any way to NSTECK.COM interests;
d) will not use the Site for any money laundering related activities nor for any actions which cause NSTECK.COM to run the risk of being accused of using the Site for money laundering purposes;
e) will not use more than one account for buying; will not use VPN connection unless it is necessary to run a registered business.
7.9. The SUPPLIER is solely responsible to provide the User being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract as well as fulfill other documentary obligations resulting from any applicable law.
7.10. Post sale-process and conversations with the Digital Products Suppliers (DPS) and Suppling Users. Every SUPPLIER and Suppling User warrants and acknowledges that they:
a) will use the conversation module available in the SUPPLIER’s Store to resolve all post-sale issues, including all cases involving payment reversals;
b) will observe the rules of due diligence in the conversations; i.e. will respond in the conversations and will not postpone the resolution of the reported issues beyond actual investigation time;
c) will use the conversations tool in good faith, i.e. the SUPPLIER and Suppling User actively trying to resolve the issues reported by the User, and the User assisting the SUPPLIER and the Suppling User by providing necessary and proper information;
d) will not post, promote or transmit any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature via conversation module;e) will not mislead or post false information in the conversations;
f) will not cite NSTECK.COM as the party responsible for resolving post-sales issues, other than in the case of malfunction of the services provision of which is NSTECK.COM responsibility under these Terms and Conditions.
7.11. NSTECK.COM reserves the right to take actions against any party that would be found in breach of terms set forth in section 7.10 above, up to, and including restricting services provided by us to such a party. For the avoidance of doubt, NSTECK.COM is not responsible for the contents of the conversations between Digital Products Suppliers (DPS), Suppling Users and the Users.
8. Liability
8.1. Within the scope permitted by law, NSTECK.COM’s liability shall be excluded in relation to:
a) any damages resulting from the use of the Site, accessing it or the inability to use the Site by the SUPPLIER or the User due to reasons beyond NSTECK.COM control;
b) any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that NSTECK.COM is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
c) implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to the User, in particular by reason of the User making his password available to third party;
d) any actions taken by NSTECK.COM in relation to the User or the SUPPLIER linked to any their infringement of the law in force or Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
e) infringing the law in force or any third party rights by Digital Products Suppliers (DPS) and/or Suppling Users, in particular in relation to any damages caused to third parties by Digital Products Suppliers (DPS) as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the SUPPLIER or/and the Suppling User does not have copyrights or any other required titles;
f) any actions and results thereof related to any violation by the User or SUPPLIER of these Terms and Conditions or to submission by the SUPPLIER or the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
g) any actions based on collection of personal data by the SUPPLIER or the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons;
h) any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of NSTECK.COM from any disputes between Users);
i) any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the SUPPLIER’s Store by Digital Products Suppliers (DPS) against Users or other Digital Products Suppliers (DPS) – owing to the fact that within such scope, NSTECK.COM is not a party of such legal relationships.
8.2. NSTECK.COM shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the SUPPLIER of his agreement with the User (or other SUPPLIER), or to any delict committed by the SUPPLIER, any infringement by the SUPPLIER of the law in force or related to any false information, assurances or statements submitted by the SUPPLIER. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to NSTECK.COM, related to Digital Products Suppliers (DPS)' behavior specified in section 8.1. above, the SUPPLIER is obliged to take full responsibility against these entities, which means in particular that the Digital Products Suppliers (DPS) shall bear all and any costs related thereto and borne by NSTECK.COM or to which NSTECK.COM will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, charges related to personal presence at court or in front of any authority and public administration body, correspondence costs and any other possible charges, fees, etc. Moreover, where third parties file any claims against NSTECK.COM related to any violations on part of the SUPPLIER, in particular violation of copyrights, such SUPPLIER shall replace NSTECK.COM in such proceedings or shall act as a third party respondent. The provision 8.2 is accordingly applied to the Suppling Users to the extent, which does not infringe the consumer rights.
8.3. Furthermore NSTECK.COM does not guarantee that any SUPPLIER or any User is capable of concluding an agreement through his/her SUPPLIER’s Store, and in particular that such agreement will be performed. NSTECK.COM is not responsible against Users and Digital Products Suppliers (DPS) for any non-performance or improper performance of the agreement neither by the User against the SUPPLIER and the User against the Suppling User nor by the SUPPLIER against the User and the Suppling User against the User, nor the SUPPLIER against other SUPPLIER. NSTECK.COM shall not be liable against the Users (or other Digital Products Suppliers (DPS)) for the products and services sold through Digital Products Suppliers (DPS)’ Stores by the Digital Products Suppliers (DPS) and the Suppling Users, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. NSTECK.COM shall not be liable against the Digital Products Suppliers (DPS) and the Suppling Users for the correctness and validity of any statements made by the Users/Digital Products Suppliers (DPS), for their solvency or ability to conclude agreements with Digital Products Suppliers (DPS) through their SUPPLIER’s Stores.
8.4. Notwithstanding the generality of the following guidelines, the SUPPLIER shall be held liable for gross violation of the Terms and Conditions and other obligations where:
- In case of formal notification of a claim by third party against the SUPPLIER and where the SUPPLIER deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to NSTECK.COM or where he/she blatantly fails to fulfill his/her obligations, e.g. in case of non-delivery of the ordered product or service despite its cost being settled, or where the product or service delivered do not conform with the declared form or quality,
- The SUPPLIER provided false, incomplete or misleading data,
- Where there is reasonable probability that the SUPPLIER undertook actions which may be detrimental to NSTECK.COM and/or its partners in terms of their assets or legal liability.
8.5. To the fullest extent permitted by law, all services provided by NSTECK.COM on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and NSTECK.COM hereby expressly declines all warranties, including but not limited to any warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the products and services sold by the Digital Products Suppliers (DPS) or the Suppling Users or sold by itself, unless consumers rights protection laws provide otherwise.
8.6. Notwithstanding provisions stipulated in p. 5.13.-5.17., to the fullest extent permitted by law, NSTECK.COM does not make any representation or give any warranty in relation to the quality, manufacturing, import, export, distribution, offering, presentation and/or use of any products or services offered on the Site by the Digital Products Suppliers (DPS)’ Stores nor does NSTECK.COM take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.
8.7. Notwithstanding the foregoing, the total liability of NSTECK.COM against the Digital Products Suppliers (DPS) is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the SUPPLIER. All claims arising from the use of the Site or services have to be raised within fourteen (14) days after the date on which a problem occurs. In countries where limitation of liability against consumers is possible, the terms of the first and second sentence of this section shall apply accordingly.
8.8. The limitations and exclusions of liability under Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to NSTECK.COM that such damage may occur.
8.9. The SUPPLIER and Suppling User shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) NSTECK.COM and its directors, officers, employees, agents, stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), as well as Adjustments, whether or not involving a third party claim, which arise out of or relate to (i) any breach of any representation or warranty of the SUPPLIER or Suppling User contained in these Terms and Conditions, (ii) any breach or violation of any covenant or other obligation or duty of the SUPPLIER and Suppling User under these Terms and Conditions, under applicable law, or under Intermediate Body Scheme Rules, (iii) any alleged breach or violation by the SUPPLIER or Suppling User of third party rights, including intellectual property rights, (v) any claim related to the auction or transaction listed by the SUPPLIER or Suppling User within his/her SUPPLIER’s Store in each case whether or not caused by the negligence of NSTECK.COM or any other Indemnified Party and whether or not the relevant claim has merit. The SUPPLIER and Suppling User shall inform NSTECK.COM in writing of any claim, demand or suit and shall fully cooperate in the defense thereof. The SUPPLIER and Suppling User will not agree to the settlement of any such claim, demand or suit prior to the final judgment thereon without the consent of NSTECK.COM whose consent may be withheld at NSTECK.COM sole and entire discretion.
If any Intermediate Body charges NSTECK.COM for any Adjustment due to a SUPPLIER’s and Suppling User’s act or omission on the SUPPLIER’s Store, including as a result of listed within SUPPLIER’s Stores digital products, or services which breach of the Intermediate Body Scheme Rules, the SUPPLIER and Suppling User shall repay any and all such that Adjustment to NSTECK.COM. The SUPPLIER or Suppling User hereby agree that all Adjustments assessed by any Intermediate Body (either to the SUPPLIER, Suppling User or NSTECK.COM) in connection with any act or omission done willfully or negligently by the SUPPLIER or Suppling User shall be the liability of the SUPPLIER and Suppling User and shall be charged for SUPPLIER or Suppling User.
Unless the applicable law provides otherwise, NSTECK.COM is entitled to make, at its absolute discretion, any set-off from funds accumulated by the SUPPLIER and Suppling User on NSTECK Balance.
The SUPPLIER and Suppling User acknowledges and agrees that during these Terms and Conditions and after their termination or expiration for any reason whatsoever, the SUPPLIER and Suppling User shall continue to bear liability for all Adjustments and indemnification obligations pursuant to these Terms and Conditions and all other amounts due or which may become due under these Terms and Conditions. This liability is not subject to any limitation of liability that may be expressed elsewhere in these Terms and Conditions.
The SUPPLIER and Suppling User undertakes to be liable to the User for a Product sold for no longer than 2 (two) years from the date of its sale unless the applicable law provides otherwise. After the expiry of the period specified in the previous sentence, the User will not be able to file a claim against the SUPPLIER via the Site, however, it does not exclude the User’s right to commence a dispute with the SUPPLIER and Suppling User outside the Site.
9. Dealings between Users and Digital Products Suppliers (DPS)
9.1. Users and Digital Products Suppliers (DPS) acknowledge that engaging in any transactions on the Site within various Digital Products Suppliers (DPS)’ Stores involves the risk of dealing with abusive people. NSTECK.COM uses its reasonable endeavors to verify the accuracy of the data and information provided by Users and Digital Products Suppliers (DPS) during the registration process as well as payment processes and when separate agreements are concluded with the Digital Products Suppliers (DPS). However, as the identity of Internet users is difficult to verify, NSTECK.COM is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Digital Products Suppliers (DPS)). We recommend you to use various means, including common sense, to assess who you are dealing with.
9.2. Users and Digital Products Suppliers (DPS) are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Site or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, payment terms, warranty, returns, delivery, time of delivery, insurance, fees, taxes, licences, or penalties.
9.3. Users and Digital Products Suppliers (DPS) agree to provide all necessary information and documents that may be required in connection with transactions performed within the Digital Products Suppliers (DPS)’ Stores (between Digital Products Suppliers (DPS) and Users or Suppling Users and Users or between Digital Products Suppliers (DPS)) and other obligations under these Terms and Conditions.
9.4. In order to unify rules of transactions performed via the Site within particular Digital Products Suppliers (DPS)’ Stores and to ensure standard of fair practice when conducting the above Users and Digital Products Suppliers (DPS) hereby confirm that an agreement between the User and the SUPPLIER or the User and the Suppling User or between Digital Products Suppliers (DPS) becomes valid once the provision of a service and the charge to the User (or the SUPPLIER making the purchase) is authorized by the SUPPLIER or the Suppling User upon his/her final consent stipulated in point 5.5 above. All further actions connected with the agreement, rights and obligations, are regulated by adequate laws or agreements between Users).
9.5. NSTECK.COM pays utmost care to ensure that the transactions performed within Digital Products Suppliers (DPS)’ Stores are completed without any problems. However, in the rare circumstances where NSTECK.COM has been informed by the operator of the SUPPLIER’s Store that a product or service sold by a given SUPPLIER’ Store is mispriced, or the Buying User has been charged for less than the transaction amount due to wrong exchange rates being applied or any other technical fault or mistake, NSTECK.COM may, in its discretion, assist SUPPLIER and/or Suppling User with cancelling the transaction by returning the funds to the Buying User and adjusting the stock of his/her products available for sale within his SUPPLIER’s Store.
10. Donating on the NSTECK.COM Site
10.1. NSTECK.COM supports:
a) charity activities,
b) initiatives for health and social care,
c) initiatives for environment and animal protection,
d) promoting human rights and freedom,
e) promoting art, culture and science. Therefore NSTECK.COM enables all Users to donate money with the help of the Site (from here called Donations) to foundations, public benefit organizations and other subjects realizing goals mentioned from a) to e) (later called Beneficiaries)
10.2. In connection with Donations NSTECK.COM shall create a subpage on the Site with information about currently supported initiatives and information that lets Users identify the Beneficiary.
10.3. Donations shall be transferred with the help of selected payment methods (e.g. Paypal, Skrill, Dotpay, Paysafecard, Moneybookers) to NSTECK.COM’s bank account who acts as an intermediary. In the payment title the User shall specify which Beneficiary is chosen. If the User does not specify any Beneficiary NSTECK.COM shall contact the User to determine the Beneficiary to which the Donation should go to. If the User does not specify the Beneficiary NSTECK.COM shall return the funds donated.
10.4. NSTECK.COM shall transfer the donated funds to the Beneficiary from their bank account not later than the end of the month that follows the quarter in which the Donation occurred (therefore the donation settlements shall occur 4 times a year after each calendar quarter). Any interest accumulated on NSTECK.COM’s bank account connected with the Donations shall be transferred to the Beneficiaries. If there are more than one Beneficiaries the interest shall be transferred to them proportionally to the Donations made by the Users.
10.5. NSTECK.COM shall not use the donated funds in any way other than described in paragraph 10.4. The Donations are owned by the Users until they are transferred to the Beneficiary. The Donations are to be returned on the User’s demand if the claim was made within 7 days from the date of the Donation.
10.6. The Donation is not available for the User who has place of residence, headquarter or place of habitual residence in European Economic Area and United Kingdom.
11. Forbidden Actions – Anti Violation Procedures (a so-called notice and takedown procedure)
11.1. Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a given SUPPLIER’s Store is obliged to notify to the e-mail address: support@NSTECK.com or via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'NSTECK.COM' is defined), indicating and submitting:
a) the exact location of the data;
b) the right violated;
c) circumstances and evidence proving the legal title to bring an action in terms of the violated right that he or she is the sole person entitled to the data found on the SUPPLIER’s Store (in particular games or game codes) and that the SUPPLIER or the Suppling User has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'NSTECK.COM' is defined);
d) his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;e) a separate personal data processing statement consenting to processing for the purposes of the notice and takedown procedure (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'NSTECK.COM' is defined).
11.2. Following the receipt of a credible notification specified above, NSTECK.COM shall immediately block access to the data indicated in the notification (in particular, it shall delete them) and – as far as possible – it will notify the SUPPLIER or the Suppling User responsible for uploading the data through his/her SUPPLIER’s Store, that such notification and claim by a third party has been submitted.
11.3. The SUPPLIER or the Suppling User who has received notification mentioned in section 2 above may submit its reply and evidence confirming its rights to distribute, make available etc. the data, in particular evidencing copyrights, licenses or ownership rights to the games and game activation codes.
11.4. The SUPPLIER or the Suppling User who notified NSTECK.COM of the violation of his or her rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Site by the SUPPLIER or the Suppling User were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
a) uploaded back to the Site without amendments;
b) uploaded back to the Site, amended in accordance with the changes agreed by the parties;
c) permanently removed from the Site.
Any agreements between the parties allowing for the data to be uploaded back to the Site shall be made in writing, signed by the authorized persons and sent as an original via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'NSTECK.COM' is defined.
11.5. Where:
a) it is not possible to determine the SUPPLIER or the Suppling User responsible for publication of third party's data or their distribution on the Site etc.
b) the SUPPLIER or Suppling User does not submit any reply to the notification of third party's claim within 14 days from its receipt from NSTECK.COM to the SUPPLIER's or Suppling User’s e-mail address or does not submit any evidence on having rights to publish, distribute the data etc. within that period such data will be permanently removed from the Site.
11.6. Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, NSTECK.COM will immediately disable any access to such data.
11.7. NSTECK.COM reserves the right to, at its own initiative, remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful.
11.8. NSTECK.COM can prevent adding certain data or Suppling certain products within the Site by the Digital Products Suppliers (DPS)’ Stores if they receive reliable information that such actions are in conflict with the Terms and Conditions or statements given by the SUPPLIER or the Suppling User.
12. Complaints Procedure
12.1. If there are problems or irregularities in connection with using the Site or regarding the Services the Users, Digital Products Suppliers (DPS), Suppling Users may submit a complaint by sending it to the following address: support@NSTECK.com or in a written form on the 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, United Kingdom. In the complaint, the Users, Digital Products Suppliers (DPS), Suppling Users should include his/her name and surname, e-mail address (or other correspondence address), the subject of the complaint and the reason for the complaint. The complaint will be considered immediately, however not later than within 30 (thirty) days of its receipt. The Users, Digital Products Suppliers (DPS), Suppling Users will be informed about the method and result of the complaint consideration to the correspondence address or to the e-mail address. The costs of using the said means of distance communication by the Users, Digital Products Suppliers (DPS), Suppling Users are borne by the Users, Digital Products Suppliers (DPS), Suppling Users and they are calculated according to the rates of the telecommunications operator whose services the Users, Digital Products Suppliers (DPS), Suppling Users uses.
12.2. This section shall be applied solely to Digital Products Suppliers (DPS) from European Economic Area. NSTECK.COM may attempt to settle a dispute amicably with a SUPPLIER running a business, using the Site to offer goods to consumers via his/her SUPPLIER’s Store, through an independent mediator, after NSTECK.COM has given its consent to mediation. If the SUPPLIER, referred to in the preceding sentence, approaches NSTECK.COM with a mediation proposal and accepts this proposal by NSTECK.COM, the mediation will be conducted by a mediator from: Polish Chamber of Commerce in Warsaw, in accordance with the mediation regulations applied by the Polish Chamber of Commerce in Warsaw. NSTECK.COM will bear a reasonable part of the total mediation costs, which will be determined by the parties each time. The list of mediators and mediation regulations are available at: https://sakig.pl.
12.3. If the User has complaints about the products or services, he/she has bought, subject to the provisions of point 6.8 above, he/she may file a complaint to the SUPPLIER or the Suppling User with the help of tools provided by NSTECK.COM and enabled within the SUPPLIER’s Store. NSTECK.COM does not resolve the complaint. This does not apply to products or services sold and owned by NSTECK.COM – in this case NSTECK.COM resolves the complaint. The separate service described in article 6.23 point a) is enhanced to the higher assurance level if User’s combined quarterly payment for the order amounts to one-fourth of the amount specified in article 6.23 point j) by allowing the User to extend the limit specified in article 6.23 point j) up to five reoccurrences. Each payment towards the enhanced level assurance is a non-returnable advance payment.
12.4. Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.
12.5. Notwithstanding the provisions of point 12.3 above, a products or services purchased via the SUPPLIER’s Store, especially a game activation code, which has not been retrieved from the Site or – being retrieved – has not been activated (used) by the User might be returned to the SUPPLIER or the Suppling User provided that a given SUPPLIER’s Store grants the User a right to return the purchased products or services . The SUPPLIER or the Suppling User shall unequivocally determine whether he/she grants such right with regard to a given products or services or a given User. Proper information in this respect will be presented on the SUPPLIER’s Store subpage, e.g., in the terms and conditions set by a given SUPPLIER/Suppling User.
12.6. In case of enabling the User to return a purchased product, subject to point 12.5 above, such returned product is sent back to the SUPPLIER or the Suppling User and at the SUPPLIER’s and/or Suppling User’s discretion can be sold again within the SUPPLIER’s Store provided that this product is not defective.12.7. In the event of any dispute(s) between the Buying user and the SUPPLIER or the Suppling User in relation to the services or products purchased via a given SUPPLIER’s Store with the use of the payment method offered by PayPal Holdings, Inc., PayPal (Europe) S.à r.l. et Cie, S.C.A. or their affiliates or subsidiaries, including any dispute(s) regarding the chargeback, bank reversal, PayPal dispute(s) and NSTECK Shield issue(s), the SUPPLIER or the Suppling User are obligated to notify NSTECK.COM in this regard solely through their Account by use of the ticket button available in the “Account details” section. The aforesaid notification by the SUPPLIER or the Suppling User shall be made immediately, however, no later than 14 (fourteen) days from the start of this dispute(s) (i.e. at the moment the SUPPLIER or the Suppling User has received the complaint from the User regarding the products or services offered by the SUPPLIER or the Suppling User on his/her SUPPLIER’s Store).In addition, the SUPPLIER or the Suppling User are also obligated to provide NSTECK.COM with all the necessary information, within the above mentioned 14 (fourteen) day period, regarding this dispute(s) and any information that may be requested by NSTECK.COM. The SUPPLIER or the Suppling User shall fully cooperate with NSTECK.COM to resolve any dispute(s) with the Buying user. In the event that the SUPPLIER or Suppling User does not inform or improperly informs NSTECK.COM regarding the started dispute(s) within the aforesaid term, NSTECK.COM will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the SUPPLIER or the Suppling User relating to or arising from the aforementioned dispute(s), in particular NSTECK.COM will be released from any obligations to return any money to the SUPPLIER or the Suppling User.
13. Termination, suspension and withdrawal
13.1. This agreement (Terms and Conditions) on providing electronic services and certain functions of the Site is concluded for an unspecified period of time.
13.2. Without prejudice to other provisions of these Terms and Conditions and the rights and remedies granted by law, NSTECK.COM is entitled to:
a) terminate the agreement governed by these Terms and Conditions in case of (i) obtaining by NSTECK.COM a court order or authority decision requiring to terminate the agreement governed by these Terms and Conditions with the given User, SUPPLIER or Suppling User; (ii) the given User, SUPPLIER or Suppling User breaches any provision of these Terms and Conditions, (iii) the given User, SUPPLIER or Suppling User breaches any provision of the applicable law related to the use of the Site; and/or
b) immediately suspend (temporally or permanently limit or block to access and/or use) of the Account, Site, software, systems (including any networks and servers used to provide any of NSTECK.COM’s services) operated by NSTECK.COM or on its behalf and/or refuse to provide its Services to the User, SUPPLIER or Suppling User in the future (i) at the User’s, SUPPLIER’s or Suppling User’s request, and/or in the event that occur or, in the opinion of NSTECK.COM, there is a reasonable probability that (ii) User’s, SUPPLIER’s or Suppling User’s breaches any of these Terms and Conditions and/or breaches any provision of the applicable law related with use of the Site, (iii) User’s, SUPPLIER’s or Suppling User’s Account has been taken over by third party and/or Account’s credentials leaks to third party, (iv) the User’s, SUPPLIER’s or Suppling User’s whose Account was previously suspended and/or terminated has created the new Account, (v) in case of the User – she/he is in a dispute with the SUPPLIER or Suppling User at PayPal resolution center related to the transaction executed on the Site, (vi) in case of the User – he/she was not paid for the goods, services that has been, respectively, delivered or executed to him/her.
13.3. Where NSTECK.COM decides to terminate the provision of the whole or any part of the agreement (these Terms Conditions) to a given Users, Digital Products Suppliers (DPS), Suppling Users, it shall provide the Users, Digital Products Suppliers (DPS), Suppling Users concerned, at least 30 (thirty) days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium. The notice period set forth above shall not apply where NSTECK.COM: (i) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its Services to a given Users, Digital Products Suppliers (DPS), Suppling Users in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) can demonstrate that the Users, Digital Products Suppliers (DPS), Suppling Users concerned has repeatedly infringed the applicable Terms and Conditions, resulting in the termination of the provision of the whole of the Services.
13.4. In the case of suspension or termination, NSTECK.COM shall give the Users, Digital Products Suppliers (DPS), Suppling Users the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in section 12. Where the suspension or termination is revoked by NSTECK.COM, it shall reinstate the Users, Digital Products Suppliers (DPS), Suppling Users without undue delay, including providing the Users, Digital Products Suppliers (DPS), Suppling Users with any access to personal or other data, or both, that resulted from its use of the relevant electronic services prior to the suspension or termination has taken effect.
13.5. The Users, Digital Products Suppliers (DPS), and Suppling Users have the right to terminate the agreement within 15 (fifteen) days with any reasons providing NSTECK.COM with a termination via support@NSTECK.com or made it through the removal of his Account at the administration panel. Upon termination of the agreement with the SUPPLIER and/or Suppling User his/her SUPPLIER’s Store will be taken offline.
13.6. The User, who is a consumer, has the right to withdraw from the agreement governed by these Terms and Conditions with NSTECK.COM within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of creation of the Account. To exercise the right of withdrawal, the User, who is a consumer, must inform NSTECK.COM of their decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). The User, who is a consumer, may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the User, who is a consumer, withdraw from this agreement, NSTECK.COM shall reimburse to him/her all payments received from his/her, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which NSTECK.COM is informed about the decision to withdraw from the agreement. NSTECK.COM will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless the User, who is a consumer, have expressly agreed otherwise; in any event, the User, who is a consumer, will not incur any fees as a result of such reimbursement. In order to withdraw from the agreement, the User, who is a consumer, may send a statement of withdrawal, for example (i) via the contact form on the Site by creating a ticket in NSTECK Support Center, (ii) in writing to NSTECK.COM’s address, or (iii) via e-mail mail at the following address: support@NSTECK.com. In the statement of withdrawal from the agreement, the User, who is a consumer, should enter (i) name and surname, (iii) email address, and (iv) postal address, if available. NSTECK.COM shall immediately confirm to the User, who is a consumer, the receipt of the withdrawal from the agreement in feedback to him/her on a durable medium, including via e-mail.
13.7. If the termination of the agreement has been made by NSTECK.COM the Users, Digital Products Suppliers (DPS), Suppling Users cannot create another Account on the Site without NSTECK.COM’s consent.
14. Final Provisions
14.1. The ‘Privacy and Cookies Policy’ and the “Table of fees and commissions” constitute integral parts of these Terms and Conditions, binding upon all registered Users.
14.2. Neither User nor the SUPPLIER may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of NSTECK.COM. The Users and the Digital Products Suppliers (DPS) hereby consent to and agree that NSTECK.COM may transfer the rights and obligations arising from the agreement between NSTECK.COM and the Digital Products Suppliers (DPS) and/or the Users to a third party.
14.3. The processing of any data received by the administrator of the Site in relation to its functioning is made in accordance with the Privacy and Cookies Policy and the User agrees to it when accepting these Terms and Conditions. NSTECK.COM may transfer the rights and obligations arising from the agreement between NSTECK.COM and the SUPPLIER and/or the User to a third party, to which the User and the SUPPLIER agree.
14.4. Any communication with the Site’s administration shall be made by e-mail to the address: support@NSTECK.com. All legal inquiries shall be directed to legal@NSTECK.com
14.5. Any comments and remarks on Users or Digital Products Suppliers (DPS) violations of these Terms and Conditions shall be notified with NSTECK.COM to the address: support@NSTECK.com
14.6. Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.
14.7. Due to local laws and restrictions that may be present in the User’s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.
14.8. Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.
14.9. These Terms and Conditions are governed by the laws of United Kingdom without reference to their conflicting provisions, unless the domestic law applicable to the User being a consumer provides otherwise. Parties approving these Terms and Conditions are exclusively subject to the jurisdiction of courts in United Kingdom, unless the domestic law applicable to the User being a consumer provides otherwise.