TERMS AND CONDITIONS OF THE SITE NSTECK LTD FOR THE USERS
(i) NSTECK LTD possesses and operates the Site designed for processing and promotion of payment services provided by business partners of NSTECK LTD;
(ii) NSTECK LTD has extensive experience with operation of websites aimed at connecting Users wishing to buy and sell various digital content, especially game activation codes;
(iii) the Site is not an online shop but merely a website where Users may at their own discretion but with support of NSTECK LTD place offers and conduct transactions between them;
(iv) NSTECK LTD, unless explicitly expressed in a particular offer, does not purchase digital content from Suppliers and does not re-sell digital content to Users;
(v) the offers and sales performed via the Site are made directly between particular Suppliers and Users;
(vi) NSTECK LTD only facilitates the transactions between the Users by means of establishing and maintaining the Site’s functionalities;
- these terms shall be applicable for (i) Buyers domiciled/registered in United Kingdom and (ii) Buyers who enter into transactions through the Site with Suppliers domiciled/registered and/or VAT registered in United Kingdom;
- this document defines legal (contractual) relations between NSTECK LTD and Users, with NSTECK LTD acting as an administrator of the Site only and where all legal transactions are made directly between the Suppliers and the Users;
- this document does not define legal (contractual) relations or terms and conditions between NSTECK LTD and Suppliers or between Users and Suppliers;
- in particular, this document does not determine conditions specific for transactions and contracts being concluded between Users and Suppliers such as: prices of game activation codes, content of game activation codes, warranty and liability with regard to selling game activation codes;
- notwithstanding the above – and merely for purposes related with: care for NSTECK LTD brand, functioning the Site and avoiding unfair practices on the Site – NSTECK LTD reserves the right to establish basic rules for selling and buying game codes via the Site.
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.
Authorized Person– a person or an entity authorized by the Seller to deliver in the name of the Seller information to NSTECK LTD on the payment status with respect to a particular service offered by this Seller to the User via the Site.
Buyer– a person purchasing services or products from the Suppliers via the Site.
Durable Medium – any instrument which enables the User or the Seller or NSTECK LTD 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.
NSTECK LTD – a limited liability company with its registered office at 71-75 Sheraton street covent garden,London,England,GB .
Goldmine Marketing Program or Goldmine – 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.
Public Offer Agreement – the contract (agreement) concluded or to be concluded between the Seller and the User or the Seller for supply and delivery of the product or service offered by this Seller on Site.
Seller – means a person who is selling goods or services, especially game activation codes in digital form to Users via the Site, being either: (i) an entrepreneur operating in any form and liable for any business registration and/or VAT/GST registration pursuant to the laws applicable to it; or (ii) a real person who is not considered an entrepreneur and is not liable for any business registration and/or VAT/GST registration under the laws applicable to him/her. The Seller may also purchase goods/products from other Suppliers via the Site, in which case the Seller shall be considered a Buyer and be subject to the terms applicable for a Buyer for the relevant transaction.
Site – a group of affiliate websites made available on the internet from the address: www.NSTECK.com
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, Suppliers and NSTECK LTD.
The Service – a service described below in point 1.7.
User – any person using any of the Site’s functionalities and/or who has registered on the Site.
1. Applicability and Acceptance of the Terms and Conditions
1.2 Members unable to conclude a legally binding agreement with NSTECK LTD, with Suppliers 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 LTD 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 NSTECK LTD reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the amended Terms and Conditions on the Site. Therefore, it is the User’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using such Site and services you signify your agreement to be bound by all changes that may affect you. Unless explicitly stated otherwise, the amended Terms and Conditions shall come into effect automatically fourteen (14) days after their publication on the Site. The modifications of these Terms and Conditions become binding for the Suppliers at the moment of publication of the amended Terms and Conditions on the Site.
1.4 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.
1.5 Users may conclude with NSTECK LTD, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and NSTECK LTD (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.
1.6 When using any services or sending e-mails to NSTECK LTD., the User communicates with NSTECK LTD electronically. NSTECK LTD communicates with Users 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 consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that NSTECK LTD electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
1.7 NSTECK LTD provides User the free of charge Service consisting exclusively of regular transfer, caching and hosting services (specified below in letters a), b) and c)). To such extent, NSTECK LTD 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 Suppliers:
a) NSTECK LTD, at the instruction of User or Authorized Person, enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that NSTECK LTD:
- is not the initiator of the data transfer,
- does not choose the recipient of the data transfer,
- does not choose nor modify the information contained in the transfer.
Within this scope NSTECK LTD 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 LTD enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that NSTECK LTD:
- does not modify the data,
- uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,
- does not disturb the use of IT techniques.
c) NSTECK LTD makes available computerized system’s resources aimed at storage of data by Users and Suppliers.
For avoidance of any doubt, NSTECK LTD hereby informs the User that the scope of services provided by NSTECK LTD under the current Terms and Conditions does not include receipt, transfer or processing of any payments to or from the Users or to or from the Seller. Receipt, transfer and processing of any payments on behalf or for the benefit of the Users or Suppliers is outside of scope of Services and NSTECK LTD is not responsible and may not be held liable for any violations or obligations related to these payments. Any payments due to or from the Seller for the products and services offered on Site are to be processed by the Authorized Person properly appointed by the Seller.
The User acknowledges that in order to present and process the information on Site in respect of the products and services accordance with the present Terms and Conditions (in particular, to inform the Users or Suppliers on the game activation codes issues by the Seller) NSTECK LTD would need to receive from the User information on the status of payment for the products or services offered on Site in a proper and timely manner. In order to facilitate this process NSTECK LTD hereby agrees to receive this information from the Authorized Person.
Due to the above hereby the User appoints NSTECK.COM LIMITED with its registered office in Hong Kong, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong (hereinafter referred to as “NSTECK.COM”) as the Authorized Person for the purposes of these Terms and Conditions and entitles NSTECK.COM to inform NSTECK LTD about the status of payments for products and services requested by User on Site. NSTECK LTD, in its turn, agrees to accept information on the status of payment for the products and services requested by the User on Site from NSTECK.COM. For avoidance of any doubt the parties agree that the interactions between the User and NSTECK.COM are not covered by these Terms and Conditions and NSTECK.COM is not a party to the present Terms and Conditions and the User will conclude a separate agreement with NSTECK.COM for services provided by the latter to the User (if any).
1.8 NSTECK LTD provides Users with free of charge access to the Site aimed at exchange of information on products and services offered by the Suppliers to the Users. In addition, NSTECK LTD provides the possibility of establishing, presenting and completing transactions between Users and Suppliers on Site via electronic means, including in particular the sales of games and game activation codes to Users by Suppliers as well as between Suppliers.
NSTECK LTD is neither a party of the agreement between the User and the Seller nor between Suppliers - it merely provides specific assistance and administration services to Suppliers and Users.
1.9 As part of its liabilities under provision 1.8 above NSTECK LTD agrees to put on the Site the Public Offer Agreement to be concluded between the Seller and the User. The form, content and format of the Public Offer Agreement is provided in the Attachment 1 to these Terms and Conditions.
Public Offer Agreement is deemed concluded directly between the Seller and the User or the Seller where NSTECK LTD is not a party of this Public Offer Agreement. NSTECK LTD is not responsible and may not be held liable for any consequences resulting or somehow related to this Public Offer Agreement.
1.10 The technical requirement for the use of the Site by the User 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.
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 LTD 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.
1.11 For the correct performance of some of the Site’s functionalities it may be necessary for the User to enable Java, Java Script, Flash support etc.
1.12 The User hereby agrees 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 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.
1.13 The User should sign in to access and use the Site and all its functionalities.
2. Service Fees
2.1 For avoidance of any doubt, the Services mentioned in the point 1.7 of the present Terms and Conditions are free of charge for the Users domiciled/registered in United Kingdom and no charges are to be imposed for the User for the sole usage of the Site and the above-mentioned Services.
3. Users accounts
The Users take note and accept that NSTECK LTD is in possession 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 LTD, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, NSTECK LTD shall be entitled to refuse to set-up the Account. Notwithstanding the foregoing the User also agrees on the aforesaid localization verification after the registration within the Site and undertakes to provide NSTECK LTD with all information in this respect. The User is entitled to set up only one account, unless NSTECK LTD 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 LTD is entitled to verify the data of the User by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, NSTECK LTD may request from natural persons not being entrepreneurs a scan of an identification document, and from natural persons being entrepreneurs, from legal persons, as well as from organization units being the Suppliers, 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. The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which NSTECK LTD 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 LTD may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or User or result in inability to sell the products or services via the Site by the Seller.
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.
3.5 The 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 LTD 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 LTD reserves its right and possibility to block the User’s account.
3.8 Within the scope permitted by law, NSTECK LTD 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 LTD 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 LTD, Suppliers or other Users. The User is obliged to protect NSTECK LTD and our partners against losses and damage caused by the use of their account by third parties.
3.10 To the extent permitted by law, NSTECK LTD assumes no responsibility against the Users, should they violate the provision specified in 3.13 above. The Users 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.
4. General Terms and Conditions of Use
4.1 Subject to the Users’ compliance with the Terms and Conditions, NSTECK LTD 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 LTD. This license refers strictly to the Services and does not concern any licenses to digital content, especially game activation codes offered via the Site by Suppliers– the licenses to digital content, especially game activation codes may be granted by the Suppliers to the Users or Suppliers 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 LTD or their owners, licensors, suppliers, publishers or other persons.
4.3 The Users must not misuse the NSTECK LTD services. The Users may use the NSTECK LTD services only as permitted by law. Users 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 Suppliers, 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 LTD. 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 LTD. Any trademarks, marks and trade names constitute NSTECK LTD property. Without explicit consent of NSTECK LTD, the User nor the Seller 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 LTD. 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 article 1 of the Act on copyright and is subject to protection under the Act on copyright and related rights of February 4th, 1994. 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.
4.7 The User hereby confirms and assert that they will not engage in the following:
a) they will not 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) they will not publish any false or misleading information, which may be detrimental to or may expose NSTECK LTD or third parties to any harm;
c) they will not 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, Suppliers or NSTECK LTD;
d) they will not use the Site for any other purposes than the use of services offered by NSTECK LTD, other Suppliers or Users;
e) they will not circumvent or disable the Site’s security;
f) they will not 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) they will not 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) they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
i) they will not modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
j) they will not in any way deliberately disturb the Site’s activity or disturb other Users or Suppliers in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;
k) they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
l) they will not take any actions aimed at discovering access passwords of other Users or Suppliers, including any attempts to guess the passwords;
m) they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;
n) they will not upload on the Site any data containing any personal data of third parties;
o) they will not in any way make other Users’ or Suppliers’ use of the Site difficult;
p) they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.
4.8 By posting or publishing their own content and materials on the Sites or by distributing them in any other way to NSTECK LTD or its partners, the User and the Seller, 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 LTD. 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 LTD, currently or in the future. The User acknowledges and warrants to NSTECK LTD that he/she has sufficient means and rights to ensure such license.
4.9 Every User warrants and acknowledges that they:
b) will not engage in any activity detrimental to the good name and reputation of NSTECK LTD, 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 interests of NSTECK LTD
d) will not use the Site for any money laundering related activities nor for any actions which cause NSTECK LTD 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
4.10 Whenever NSTECK LTD or any Authorized Person 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 the European Union, Australia, Japan, Canada, South Korea, New Zealand, Russia, Norway, Albania, Bangladesh, Ghana, Iceland, India, Serbia, South Africa, Switzerland and Taiwan).
4.11 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 LTD 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.
4.12 NSTECK LTD is not responsible for and does not authorize payments for services provided/products delivered via Site by Suppliers The Users give their consent to NSTECK LTD to transfer personal data of the User or the Seller, such as name, surname, address, as well as other data, such as the bank account number, to the Authorized Person, including the consent to processing these data in order to carry out the transaction in the form of the payment from the User to the Seller..
4.13 The User asserts that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources
4.14 The User is aware and hereby acknowledges that placing an order connected with purchase of the digital content, especially game activation codes, from the Seller via the Site entails an obligation to pay provided that a will to conclude a contract and to charge the User is expressed by the Seller.
4.15 To any User who has made a purchase on the Site, information may be sent randomly via e-mail that automatically one Bonus Person was assigned to him (please see Goldmine 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 Goldmine site and participate in the Goldmine 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 Goldmine 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.
4.16 If the User (or the Seller making a purchase) expresses the will to buy a product, the Seller is entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences chosen by the Seller.
4.17 The Parties mutually agree that due payments made by the Users (or Suppliers if they have purchased goods from other Suppliers) may be paid by these Users (or Suppliers) by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers). For the avoidance of doubt, NSTECK LTD is not a party to this transaction and the Users are not obliged to make the payments solely via methods offered on the Site or by Authorized Persons; 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 Seller.
5. Obligations of NSTECK LTD
5.1 Under the condition of meeting the requirements specified in these Terms and Conditions by the User, NSTECK LTD shall provide every User with the opportunity to request the product offered by the Seller on the Site. The supply of the requested product is to be done by the Seller under a separate set of regulations to be agreed between the Seller and User.
5.2 NSTECK LTD receives neither the funds payable by the Users (or Suppliers) to the Suppliers for the products and services offered on Site nor any commission for its activities under the present Terms and Conditions.
5.3 NSTECK LTD shall provide the Users with technical support in case of encountering problems with the functionality of the Site or Account.
6.1 Within the scope permitted by law, NSTECK LTD’s liability shall be excluded in relation to:
- any damages resulting from the use of the Site, accessing it or the inability to use the Site by the Seller or the User due to reasons beyond NSTECK LTD control;
- 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 LTD is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
- 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;
- any actions taken by NSTECK LTD in relation to the User or the Seller 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;
- infringing the law in force or any third party rights by Suppliers in particular in relation to any damages caused to third parties by Suppliers 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 Seller does not have copyrights or any other required titles;
- any actions and results thereof related to any violation by the User or Seller of these Terms and Conditions or to submission by the Seller or the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
- any actions based on collection of personal data by the Seller 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;
- any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of NSTECK LTD from any disputes between Users);
- any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the Site by Suppliers against Users or other Suppliers – owing to the fact that within such scope, NSTECK LTD is not a party of such legal relationships.
6.2 NSTECK LTD shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Seller of his agreement with the User (or other Seller), or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to NSTECK LTD, related to Suppliers' behavior specified in section 6.1. above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Suppliers shall bear all and any costs related thereto and borne by NSTECK LTD or to which NSTECK LTD 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 LTD related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace NSTECK LTD in such proceedings or shall act as a third party respondent.
6.3 Furthermore NSTECK LTD does not guarantee that any Seller or any User is capable of concluding an agreement through the Site, and in particular that such agreement will be performed. NSTECK LTD is not responsible against Users and Suppliers for any non-performance or improper performance of the agreement neither by the User against the Seller nor by the Seller against the User, nor the Seller against other Seller. NSTECK LTD shall not be liable against the Users (or other Suppliers) for the products and services sold through the Site by the Suppliers including for whether they are fit for purpose, for their quality, legality, legal and physical defects. NSTECK LTD shall not be liable against the Suppliers for the correctness and validity of any statements made by the Users/Suppliers, for their solvency or ability to conclude agreements with Suppliers through the Site.
6.4 To the fullest extent permitted by law, all services provided by NSTECK LTD on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and NSTECK LTD 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 Suppliers or sold by itself, unless consumers rights protection laws provide otherwise.
6.5 To the fullest extent permitted by law, NSTECK LTD 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 nor does NSTECK LTD take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.
6.6 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 LTD that such damage may occur.
7. Dealings between Users and Suppliers
7.1 Users and Suppliers acknowledge that engaging in any transactions on the Site involves the risk of dealing with abusive people. NSTECK LTD uses its reasonable endeavors to verify the accuracy of the data and information provided by Users and Suppliers during the registration process as well as payment processes and when separate agreements are concluded with the Suppliers. However, as the identity of Internet users is difficult to verify, NSTECK LTD is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Suppliers). We recommend you to use various means, including common sense, to assess who you are dealing with.
7.2 Users and Suppliers 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.
7.3 Users and Suppliers agree to provide all necessary information and documents that may be required in connection with transactions (between Suppliers and Users or between Suppliers) and other obligations under these Terms and Conditions.
7.4 NSTECK LTD pays utmost care to ensure that the transactions between Users are completed without any problems. However, in the rare circumstances where NSTECK LTD notices that a product or service sold by a Seller 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 LTD may, in its discretion, cancel the transaction, return the products to the Seller and notify the payment services that the funds should be returned to the Buying User.
8. Forbidden Actions – Anti Violation Procedures (a so-called notice and takedown procedure)
8.1 Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller is obliged to notify the Site's operator thereof (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 LTD' 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 together with a statement under the penalty of perjury to the effect that he or she is the sole person entitled to the data found on the Site (in particular games or game codes) and that the Seller 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 LTD' 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 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 LTD' is defined).
8.2 Following the receipt of a credible notification specified above, NSTECK LTD 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 Seller responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
8.3 The Seller 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.
8.4 The Seller who notified NSTECK LTD 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 Seller were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
- uploaded back to the Site without amendments;
- uploaded back to the Site, amended in accordance with the changes agreed by the parties;
- 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 LTD' is defined.
- it is not possible to determine the Seller responsible for publication of third party's data or their distribution on the Site etc.
- the Seller does not submit any reply to the notification of third party's claim within 14 days from its receipt from NSTECK LTD to the Seller'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.
8.6 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 LTD will immediately disable any access to such data.
8.7 NSTECK LTD 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.
8.8 NSTECK LTD can prevent adding certain data or selling certain products on the Site if they receive reliable information that such actions are in conflict with the Terms and Conditions or statements given by the Seller.
9. Complaints Procedure
9.1 The User has the right to file complaints connected with the services provided by NSTECK LTD. All complaints should be sent in a written form to the address of NSTECK LTD indicated in the Chapter “Definitions” of this Terms and Conditions. All complaints shall be resolved within 10 days from the date of their delivery to NSTECK LTD. Replies shall be sent to the address from which the complaint has been received or any other given by the complaining party.
9.2 If the User has complaints about the product he/she has bought, NSTECK LTD is not liable to resolve these complaints as it is the Seller who is liable for the quality and completeness of the product. However within the scope of Services NSTECK LTD agrees to help Users and process the complaints issues by the Users (or Suppliers purchased the products) by means of initiating the complaint procedure.
9.3 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.
9.4 Notwithstanding the provisions of point 9.2 above, and unless otherwise agreed between the Seller and the User (or Seller purchasing the product) a product purchased via the Site, 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 Seller provided that the Seller grants the User a right to return the purchased product. The Seller shall unequivocally determine whether he/she grants such right with regard to a given product or a given User. In the abovementioned case NSTECK LTD agreed to properly inform the Users (or Suppliers) who purchased the product about the return procedure and, if such return procedure is initiated by the User (or Seller) NSTECK LTD is liable to present proper information in this respect on the product page on the Site.
9.5 In case of enabling the User to return a purchased product, subject to point 11.4 above, such returned product is sent back to the Seller and can be sold again within the Site provided that this product is not defective.
9.6 In the event of any dispute(s) between the Buyer and the Seller in relation to the services or products purchased on the Site 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 Seller is obligated to notify NSTECK LTD in this regard solely through their Account by use of the ticket button available in the “Account details” section.
The aforesaid notification by the Seller shall be made immediately, however, no later than 14 (fourteen) days from the start of this dispute(s) (i.e. at the moment the Seller has received the complaint from the Buying user regarding the products or services offered by the Seller on the Site).
In addition, the Seller is also obligated to provide NSTECK LTD 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 LTD. The Seller shall fully cooperate with NSTECK LTD to resolve any dispute(s) with the Buying user. In the event that the Seller does not inform or improperly informs NSTECK LTD regarding the started dispute(s) within the aforesaid term, NSTECK LTD will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the Seller relating to or arising from the aforementioned dispute(s), in particular NSTECK LTD will be released from any obligations to return any money to the Seller.
10.1 Both the User and NSTECK LTD have the right to terminate the agreement. The agreement between the User and NSTECK LTD on providing Services is concluded for unspecified period of time.
10.2 Termination of the agreement by NSTECK LTD is made through the deletion of User’s account or blocking User’s access to the Site. Removal of the account or blocking User’s access to the Site may be made fourteen (14) days after information is sent to the User’s e-mail address regarding the blocking or termination. In case of gross violation of the terms of these Terms and Conditions by the User, NSTECK LTD has the right to terminate it with immediate effect through an immediate removal of User account or blocking his access to the Site.
10.3 Termination of the agreement by the User is made through removal of his account. The User may withdraw from the contract within 14 days from the date the contract was concluded unless the User has already made the offer of sell or purchase of the game code. The User may at any time electronically request removal of his account by NSTECK LTD. NSTECK LTD is obliged to remove the account without any delay, no later than within three (3) days from the receipt of the User’s request. After such period the agreement is terminated. NSTECK LTD shall immediately provide the User, in a durable medium, with the acknowledgment of receipt of the notice of withdrawal.
10.4 If the termination of the agreement has been made by NSTECK LTD the User cannot create another Account on the Site without NSTECK LTD’s consent.
10.5 NSTECK LTD has the right to temporarily suspend access to the User’s Account if its security is compromised in any way or if significant violations of this agreement or the law (by the User) are discovered (if NSTECK LTD will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, NSTECK LTD is not responsible for a temporary lack of access to the User’s or the Seller’s Account, especially for the inability to sell products.
11. Final Provisions
11.2 User may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of NSTECK LTD. The Users hereby consent to and agree that NSTECK LTD may transfer the rights and obligations arising from the agreement between NSTECK LTD and the Users to a third party, including the consent to transfer their personal data processed by NSTECK LTD.
11.4 Any communication with the Site’s administration shall be made by e-mail to the address: support@NSTECK.com .
11.5 Any comments and remarks on Users violations of these Terms and Conditions shall be notified with NSTECK LTD to the address: support@NSTECK.com .
11.6 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.
11.7 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.
11.8 Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.