Welcome to www.kinguin.net. Kinguin Digital Limited and/or its affiliates (referred to as we, our or “Kinguin.net”) provide website features and other services to you when you visit or shop at www.kinguin.net (“the Site”), use our products or services, or use software provided by us in connection with any of the foregoing (Collectively “the Services”). Kinguin.net provides the Services to you subject to the conditions set out on this document.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES !
This document constitutes a legally binding agreement between you as a user of the Site (hereinafter defined as you, your, User or Seller, as the case may be) and Kinguin.net.
1. Applicability and Acceptance of the Regulations
1.1 The use of the Services and/or access to the Site are subject to the terms and conditions contained herein, including the Privacy Rules, the Product Listing Rules and all other terms and conditions in relation to the use and/or operation of the Site that may be published from time to time by Kinguin.net. This document and all other terms and conditions of the Site are hereinafter generally referred to as “the Regulations”. By using the Site or Services you signify your agreement to be bound by these Regulations. You are requested not to use the Site or any Service if you do not accept the Regulations.
1.2 Users must not use Services and accept the Regulations if they (a) are not of the age to sign a valid agreement with Kinguin.net or (b) are not permitted to use the Services in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) or any other country/region, including the country/region of the User’s residence and where the Services are used.
1.3 Users acknowledge and accept that Kinguin.net may make any changes to its Site and Services. Such changes will be reflected in the Regulations accordingly. By further using such Site and Services you signify your agreement to be bound by all changes that may affect the User.
1.4 The Regulations shall be written in the English language. In the event that the Regulations is translated into any other language and there is any inconsistency between the version in the English language and such translation, the English version shall be the binding version.
1.5 Users may sign with Kinguin.net or our partners, via the Internet or otherwise, a separate agreement for certain services provided by Kinguin.net. (Additional Provisions). In case of any conflict or discrepancy between the Regulations and Additional Provisions, the Additional Provisions shall prevail over the Regulations with regard to that specific service(s).
1.6 The Regulations may be amended unilaterally by an authorised person(s) of Kinguin.net in writing.
1.7 When you use any Services or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website or through other Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notice, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
2. Service Fees
2.1 Joining Kinguin.net and buying items on sale at the Site is free of charge. We charge fees for using Services such as putting items for sale at the Site. Whenever you are putting an item for sale or using other paid Services, you signify your agreement to be charged in accordance with the terms set out in our Pricelist that may be amended from time to time by us.
2.2 Amendments to the Pricelist become effective upon giving a two-weeks’ notice to Users by posting such amendments on the Site. Service fees may be temporarily suspended for promotional purposes (e.g. free bidding days) or new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.
2.3 All fees are denominated in Euros, otherwise changes will be communicated. The User is obliged to pay such fees and taxes relating to his/her use of the Services on time. If certain payment method shall fail or an invoice is overdue, we are at liberty to demand payment by way of other method as from time to time designated by us and communicated to the relevant User. (This includes selection of other payment method(s), or payment to our designated collection agency or legal counsel).
2.4 The user has to sign in to access and use the the Site. Kinguin.net reserves its right to restrict access to or suspend the provision of Services (including but not limited to any functions and/or feature of the Site) without prior notice to you in advance.
2.5 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. Kinguin.net can, at its absolute discretion, restrict, decline or create another level of access relating to the use of Services (or any other functionality incorporated into the Site) for different Users.
2.6 Kinguin.net has the right to introduce, change or increase the fee for, impose terms and conditions of use, suspend or discontinue any Services (or any functionalities incorporated into a Service/the Site) without prior notice, excluding paid Services.
2.7 All fees and charges together the payment terms are shown in our Pricelist.
2.8 You can refund payments up to 60 days after the transaction date.
3. General Terms and Conditions of Use
3.1 Subject to your compliance with the Regulations and your payment of any applicable fees, Kinguin.net or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services.
3.2 All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Kinguin.net or its licensors, suppliers, publishers, rights holders, or other content providers.
3.3 You may not misuse the Kinguin.net Services. You may use the Kinguin.net Services only as permitted by law. The licenses granted by Kinguin.net terminate if you do not comply with the Regulations or laws.
3.4 The User agrees to use the Sites and Services for their personal purposes only. The User must not (a) 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 Sites (Site Content) and (b) duplicate, copy, download, compile or otherwise use for commercial purposes any Site Content that is competitive to Kinguin.net or use the Site Content in any other commercial way. 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 from Kinguin.net. The use of any content or materials available from the Sites for purposes not specified in the regulations is forbidden.
3.5 The User is obliged to become familiar with Kinguin.net Personal Information Protection Policy specifying all the details of how to protect and use Users’ personal information that is in possession of Kinguin.net and our partners. By using the Site or Services you signify your agreement to follow and be bound by the terms and conditions of Personal Information Protection and all applicable rules and policies relating the Personal Information Protection.
3.7 The User agrees that he/she will not take any action to compromise the integrity of computer systems or networks belonging to Kinguin.net and/or any other User or to obtain unauthorised access to such computer systems or networks.
3.8 The User agrees that he/she will not take any action to compromise the integrity of Kinguin.net comment system such as posting a positive comment using another member ID or through third parties or posting an unfounded negative comment on any other User.
3.10 PRE-ORDERS You may cancel your pre-order anytime up to 3 days prior to the date of the game release (UNLESS ANY ACTIVATION KEY ASSOCIATED WITH THE PRODUCT IS RELEASED IN ADVANCE). Refund requests filled within the last 3 days may not be accepted. The price stated in the pre-order is a guaranteed price. We will not ask you for any more payments after the product release. When the game releases, you will receive a key in a new order.
3.11 Using automation scripts and programs, which cause server performance issues, will be considered a violation of rules and it may result in a penalty for the account.
3.12 In case of a non-delivery of pre-order products by the Vendor till a release day 12:00 CET, the Vendor shall be charged 1000 € flat penalty fee + 5 % of the total lost revenue from the pre-orders revenue.
3.13 In case the number of faulty products sold in a single offer within 4 weeks equals or exceeds 50, the Vendor shall be charged €1000 flat penalty fee + 50% of the total lost revenue from the faulty products sold in that period.
4. Users Accounts
4.1 The User has to subscribe/register his/her self to/with the Site to obtain access to and use certain Services. Any User who has completed the subscription/registration may hereinafter also be referred to as “Member”) Unless otherwise permitted by Kinguin.net, one User should subscribe for and hold one User Account only. Kinguin.net can close or suspend a User Account if Kinguin.net reasonably suspects that the User has subscribed to or controls two or more user accounts. Kinguin.net may reject a User registration application without specifying reasons.
4.2 After subscription to a Site, Kinguin.net will open an account and assign an ID and password (to be designated by Users during the registration process) to each registered User. The account can include an e-mail functionality with a limited capacity for sending and receiving e-mails.
4.3 The ID and password combination is unique for each account. Each User is personally responsible for keeping secret and safe their own ID and password and for all actions taken as part of their account. Neither User is entitled to share, assign or authorise the use of their account, private ID or password by any other person whatsoever. The User undertakes to advise Kinguin.net immediately of each unauthorised use of their password or account or any other violation of security rules in their account.
4.4 The User undertakes to deem all actions taken as part of their account (including spamming, publication of information on other companies, clicking to accept Additional Arrangements, subscription to or freezing of other services, e-mailing or texting via the account) as approved by the User.
4.5 The User acknowledges that sharing their account with other people or giving access thereto for many people other than the User’s personnel may cause irreversible damage to Kinguin.net or other Site Users. The User is obliged to protect Kinguin.net, our partners, officers, personnel, agents and representatives against losses and damage (including non-financial) caused by the use of their account by multiple Users. The User also agrees that if their account is shared by multiple persons or it is impossible to keep it safe, Kinguin.net will not be held liable for any loss or damage caused by compromising safety and is entitled to suspend or close such a User account without being liable to the User.
4.6 You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. All information provided by you shall be true, accurate, current and complete.
4.7 Once provided, your vendor name can not be changed. Changing the name is possible only in limited cases and always done by the Customer Support Department.
5. Obligations of the Seller
5.1 “Seller” is defined as any User who puts his/her/its products on sale at the Site. Each Seller represents, warrants and acknowledges that (a) has the full capacity and right to accept the Regulations, grant licences and authorisations and assume such obligations; (b) will use the Sites for business purposes only; and (c) the address given by the Seller during the registration process is the registered office of their business operations. Because of this assumption, any cooperating division or subsidiary will not be deemed to be separate entities; the registered office of the company will be deemed to be its head office.
5.2 The Seller is obliged to provide information or documents concerning their business, company or products/services as part of the subscription to the Site. Each Seller represents, warrants and acknowledges that (a) the information and documents submitted during the registration process or further use of the Sites or Services are true, accurate, valid and complete; and (b) the Seller will report all changes to the documents accordingly in order to keep them true, valid and complete.
5.4 Each Seller represents, warrants and acknowledges that (a) they will be personally responsible for securing all necessary third party licences and authorisations for the content to be submitted, published and presented by the Seller; (b) none of the content submitted, published and presented by the Seller does not infringe or violate any third party copyrights, patents, trademarks, trade names, trade secrets or any other third party copyrights or moral rights whatsoever (Third Party Rights); and (c) the Seller is entitled to sell, market, distribute or export, offer for sale, marketing or distribution or use the products and services described in the Bid Content and the said sale, marketing, distribution or export does not violate any Third Party Rights.
5.5 Furthermore, each Seller represents, warrants and acknowledges that the property on sale that they submit, present and publish:
a) will be genuine, appropriate, complete and lawful;
b) will not be false, deceitful or unreliable;
c) does not contain information that is libellous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
d) does not contain information that is discriminatory or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
e) does not violate the Password Policy, Regulations or any other related Additional Arrangements;
f) does 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 behaviour that might infringe or violate any applicable laws or legal provisions;
g) does not link, either directly or indirectly, to any website(s) that might contain content infringing the Regulations.
5.6 Each Seller represents, 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 in good faith;
c) will take all actions in accordance with the Regulations, other documents and applicable Additional Arrangements;
d) will not use the Sites or any Sites 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 (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 Kinguin.net 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 Kinguin.net and/or any other Site user or gain unauthorised access to such data, systems or networks;
k) will not become involved in any action that might otherwise render Kinguin.net or our partners liable.
5.7 The Seller is not entitled to use any Service or member account to carry on any activities identical or similar to Kinguin.net e-commerce.
5.8 If the Seller is a business representative, they represent, warrant and acknowledge that they have all necessary permissions, approvals and/or waivers from their business partners and associates to (a) act as a business representative; (b) post and publish their contact details as well as information, reference lists and comments on their behalf; and (c) third parties may contact such a business representative to support their claims or statements. Furthermore, the Seller assures and warrants that all reference lists and comments are true and appropriate and third parties may contact business representatives without the Seller’s permission.
5.9 The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to Kinguin.net customer care department for Kinguin.net to provide its services depending on whether or not the Seller has violated the Regulations 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, Kinguin.net will not be obliged to extend the term of such a Service or held liable for any los or damage caused by such a delay, suspension or denial.
5.10 The Seller acknowledges and accepts that Kinguin.net is not obliged to monitor actively or verify the content of any messages, materials or information created, obtained or made available using the Sites or Services. Kinguin.net does not otherwise support, verify or confirm the content of any comments or information supplied by Users. Each Seller/User is held liable for the content of their correspondence and may be called to account for the content of their comments or any other materials or information.
5.11 The Seller acknowledges and accepts that the Services may be used by companies and their representatives for business purposes only, but not by individual customers for their personal purposes.
5.12 The Seller acknowledges and accepts that each Seller is personally liable for any non-compliance with applicable laws and regulations of the respective jurisdiction and to make sure that the Sites and Services are used in a lawful manner.
5.13.1 It’s prohibited to sell products commonly offered as free and products available to purchase on charity events. ( i.e. Humble Bundles, etc.)
5.13.2 The provisions of the paragraph 5.13.1 do not apply to Indie Developers contracted in the Indie Valley Program.
5.14 Community Sellers (customer-to-customer Sellers or C2C) acknowledge and accept all the Terms and Conditions applying to the professional Sellers with the following additions:
- A Community Seller cannot sell more than 5 keys at a time. Once one of the keys is sold, the Seller can add another one to his stock up to the total of 5. The Seller can spread the keys among multiple games/products as long as the total amount of keys does not exceed 5.
- The transaction fees the Sellers are charged are identical to those of the professional Merchants. For more info please, check the fees page.
- The funds earned by the Sellers have to be spent on games or other products on the marketplace. The funds earned cannot be withdrawn.
- The funds earned will be available on the Seller’s account only if the Customer who bought the product confirms that it works. If the Customer does not report an issue within 7 day of the purchasing date, the funds will automatically be released and they will be available on the Seller’s account.
5.15 Kinguin.net shall not be held in any manner whatsoever responsible for any third parties’ services or products offered by Seller on the Site. Kinguin.net shell also not be held responsible for any products or services offered by Seller on the Site with the use of or through third parties’ services or websites. Especially Kinguin.net takes no liability or responsibility whatsoever for any changes, suspensions or termination regarding such third parties’ services or products and Kinguin.net makes no representation or warranty that any such services or products will not be changed suspended or terminated (by way of illustration, Kinguin.net shall not be held responsible or liable for change, suspension or termination of user account(s) controlled, owned or administrated by third parties).
6. Forbidden Actions
6.1 Kinguin.net reserves the right to remove, modify or reject any User Content posted, published or presented on the Sites that we find to be unlawful, violate the Regulations, make Kinguin.net or our partners liable or be otherwise inappropriate in the opinion of Kinguin.net.
6.2 If the User/Seller violates any provision of the Regulations or if Kinguin.net reasonably believe that it has been violated by any User/Seller, Kinguin.net is entitled to impose penalty on such User/Seller or suspend or delete the account or discontinue of the use of any Service whatsoever by such User/Seller without being liable therefor to the User/Seller. Kinguin.net is also entitled to restrict, refuse or ban the existing or future access to the Services provided by Kinguin.net. Among other things, the penalties that can be imposed by Kinguin.net include giving of warning; removal of any product or User/Seller Content posted, published or presented by the User/Seller on a Site; restrict more than one product posted or presented by the User/Seller; or restrict any functionality of the Services for the period that Kinguin.net may find appropriate at their absolute discretion. Kinguin.net reserves the right to repossess the User’s/Seller’s property (i.e. software activation keys, games, music, e-books) in case of gross violation of any provision of the Regulations.
6.3 Notwithstanding the generality of the foregoing, the User/Seller will be deemed to be guilty of a gross violation of the Regulations in the following events:
a) as a result of a complaint or notice filed by a third party Kinguin.net can reasonably believe that the Seller has failed, either deliberately or substantially, to perform the contract with such a third party, including but not limited to the situation in which the Seller has not delivered any ordered property despite having received payment therefor or the property delivered by the Seller does not live up to the conditions or standards described in the contract (i.e. bid description) with such a third party,
b) Kinguin.net can reasonably suspect that the User has used a stolen credit card or any other false information when contracting with a partner,
c) Kinguin.net can reasonably suspect that any information provided by the User/Seller is invalid, incomplete, untrue, inappropriate or misleading,
d) Kinguin.net suspects that actions taken by the User/Seller expose Kinguin.net, its partners and any other Users to financial losses or may result in making the same liable.
6.4 Kinguin.net reserves the right to cooperate fully with authorities, private detectives and/or cheated third parties as part of criminal or civil investigations. Furthermore, Kinguin.net may disclose the User’s/Seller’s identity and contact details to any aggrieved third party when requested to do so by authorities or any other law enforcement body or subject to a judicial injunction or otherwise. Kinguin.net will not be held liable for the damage caused by such disclosure and the Member agrees not to take any legal action or raise any claim against Kinguin.net.
6.5 If the Member is in breach of the Regulations, Kinguin.net also reserves the right to report such breach on the Sites. If such breach involves any unfair or unlawful conduct, Kinguin.net also reserves the right to disclose such breach to our partners, including without limitations, etc. Kinguin.net partners may restrict, suspend or bar access to all or any part of the services provided by such partners, take any other remedial measures and publish the User’s/Seller’s breach of the regulations on the sites operated or controlled by Kinguin.net partners.
6.6 Each User/Seller agrees to indemnify and hold harmless Kinguin.net, our partners, officers, personnel, agents and representatives from and against any losses, damage, claims or liabilities (including legal costs incurred to claim full compensation) that may result from your posting, publication or presentation of any User Content, from the use of the Sites or Services or from the violation of Regulations.
6.7 Each User/Seller recognises that Kinguin.net will not be held liable or obliged to you or whomever else for any User Content or other materials presented on the Sites, including those that are illegal, false, misleading, inappropriate, libellous, offensive or prohibited, and that the risk of damage caused by such materials is borne only by each User/Seller separately. Kinguin.net reserves the right to assume, at our expense, full control and defence of any case other than indemnity for a member. In such an event the Member will cooperate with Kinguin.net in claiming any defence.
6.8 Kinguin.net reserves its right not to accept any returns of already delivered items/game keys.
7. Dealing between Users and Sellers
7.1 On the Sites Kinguin.net provides electronic online platforms to exchange information between buyers and sellers of products and services. In addition, Kinguin.net provides Users/Sellers with online platforms to post, accept, place, manage and execute orders subject to the terms and conditions of services contained in Kinguin.net Transaction Services Agreement. Nonetheless, Kinguin.net make no representation to the seller or the buyer in relation to any Services. Kinguin.net does not control, is not obliged to ensure, and cannot be held liable for the quality, safety, lawfulness or availability of any product or service offered for sale on the Sites, nor for the Seller’s ability to sell or the buyer’s ability to buy.
7.2 Users/Sellers acknowledge that engaging in transactions on the Site involves the risk of dealing with abusive people. Kinguin.net uses its reasonable endeavours to verify the accuracy of the data and information provided by our Users/Sellers during the registration process. However, as the identity of Internet users is difficult to verify, Kinguin.net is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Sellers). We recommend you to use various means, including common sense, to assess who you going to deal with.
7.3 Each User/Seller recognises that they are fully aware of the risk related to buying and selling via the Sites and Services as well as that of claims or damage that might arise in connection with continuous online dealing. This risk includes but is not limited to the misrepresentation of products and services, illegal acts, poor quality, failure to meet the required specifications, defective or hazardous products, illegal products, delays or erroneous delivery or payment, incorrect cost calculation, warranty problems and accidents during transports. Such risk also involves the fact that the manufacturing, import, export, distribution, offering, presentation, sale and/or use of products offered and presented on the Sites may infringe or be deemed to infringe any third party rights, which entails the User’s risk of incurring further costs of defence or any other costs related to third party claims, as well as those in connection with any other claims raised by third parties entitled to defence or indemnity in connection with their claims, demands or proceedings initiated by them with regard to any third party rights. Such risk may also concern the fact that consumers or any other buyers, end users of products or other persons whatsoever may claim to suffer from injuries or damage caused by products originally purchased by Site Users as a result of any purchase transaction and/or raise claims based on their use of such products. All such risks are hereinafter referred to as “Transaction Risk”. Each User accepts the fact that Kinguin.net cannot be held liable for any damage, claims, costs, harm, inconvenience, business disruptions or expenses that is arising from and/or incidental to any Transaction Risk.
7.4 Users/Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Sites or Services, including but not limited to payment terms, returns, warranty, delivery, insurance, fees, taxes, licences, penalties, licences, handling, transport and storage.
7.5 The User/Seller agrees to provide all necessary information and documents that may be required by Kinguin.net in connection with transactions conducted on, via or as a result of using the Services. Kinguin.net is entitled to suspend or remove the User’s/Seller’s account if the latter fails to provide any required information or materials in a timely manner.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, all Services provided by Kinguin.net on or via the Sites are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis”, and Kinguin.net 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. All warranties, representations, conditions or undertakings are hereby excluded.
8.2 To the fullest extent permitted by law, Kinguin.net does not make any representation or give any warranty in relation to the validity, accuracy, correctness, reliability, quality, stability, completeness or commonness of any information provided on or via the Sites. Kinguin.net does not represent or warrant that the manufacturing, import, export, distribution, offering, presentation, purchase, sale and/or use of any products or services offered on the Sites is free from infringement of any third party rights, nor does Kinguin.net make any representation or give any warranty in relation to any of the Services offered or presented on the Sites in any aspect.
8.3 Each User/Seller shall be personally responsible for his/her act of downloading or otherwise obtaining any material from and/or via the Website, and the User/Seller will be held liable forall loss and/or damages that may be caused to Kinguin.net as a result of and/or incidental to any downloaded material. No information or advice, provided either orally or in writing, that can be obtained by the User/Seller from Kinguin.net or from/via the Site should not be deemed to be any warranty or representation of whatsoever nature.
8.4 The Sites can give the User access to services or products provided by independent third parties. No warranty or representation is given in relation to such services or products in any aspect. In no event can Kinguin.net or our partners be held liable for such services or products.
8.5 Each User/Seller agrees to indemnify and hold harmless Kinguin.net, our partners, management, officers, and personnel from and against any losses, damage or claims (including legal costs incurred therefrom) that may occur as a result of any use of the Sites or Services by the User (including the information published by the User/Seller on the Sites) or violation any of the terms and conditions of the Regulations. Each User/Seller agrees to indemnify and hold harmless Kinguin.net, our partners, management, officers, and personnel from and against any losses, damage or claims (including legal costs incurred therefrom) that may occur as a result of any warranty infringement or complaints filed by the User against Kinguin.net, including those specified in section 5.
8.6 Kinguin.net cannot be held liable for any specific, direct, indirect, punitive, incidental or consequential damage or any other damage (including but not limited to loss of profit or savings, business disruptions and loss of information) as a result of:
a) using or being unable to use any of the Sites or the Services;
b) damaging goods, samples, data, information or services purchased or obtained from the User or any third party via any of the Sites;
c) infringing any third party rights or claims and/or receiving any demands in relation to the manufacturing, import, export, distribution, offering, presentation, purchase, sale and/or use of products or services offered on the Sites and the fact that they may infringe or be deemed to infringe any third party rights;
d) any data or private information being accessed by any third party in an unauthorised manner;
e) any statement or conduct on the Sites; or
f) any other matter relating to the Sites that may amount to negligence.
8.7 Notwithstanding the foregoing, the total liability of Kinguin.net, our personnel, agents, partners, representatives and all persons acting on our behalf for all claims arising from the use of our Sites or Services throughout the entire calendar year is limited in respect of each User/Seller to (a) the total fees paid by Users/Sellers to Kinguin.net or our partners within a calendar year or (b) HK$1,000, whichever is lower. The foregoing sentence does not waive the need to prove the respective damage alleged to be sustained by the User/Seller. All claims arising from the use of the Sites or Services have to be raised within three (3) months after the date on which a problem occurs.
8.8 The limitations and exclusions of liability under the Regulations refer to the fullest extent permitted by law and will be effective regardless of giving notice to Kinguin.net that such damage may occur.
9. Force Majeure
9.1 In no event can Kinguin.net be held responsible for any delay, interruption or error of the content or service provided via the Sites if caused, either directly or indirectly, by forces of nature, agents beyond our reasonable control, including failures of the Internet, computer hardware, telecommunications or any other equipment, blackouts, strikes, labour actions, riots, insurrections, civil commotion, labour or material shortages, fire, flood, storms, explosions, acts of God, war, government acts, court or tribunal orders or third party negligence.
10. Intellectual Property Rights
10.1 Kinguin.net is the sole owner and legal licensor of all the rights and interests to the Sites and their Content. The Sites and their Content contain business secrets and other intellectual property protected by international copyright and other laws. All the titles, ownership and intellectual property rights to the Sites and their Content remain with Kinguin.net and our partners. All rights to any claim under the Regulations or raised by Kinguin.net are reserved in this case.
10.2 Kinguin.net and related icons and logos are registered trademarks or trademarks of Kinguin Digital Limited and Kinguins’ related icons and logos are registered trademarks or trademarks and service marks of Kinguin.net Limited in various jurisdictions and are protected by the relevant copyrights, trademark or other intellectual property rights. Unauthorised copying, modification, use and publication of such trademarks is prohibited.
10.3 Kinguin.net may cooperate with independent third parties involved in the provision of Services (e.g. service provider confirmation and verification). It is forbidden to use any trademark, service mark or logo belonging to any third party without prior permission from such a party.
11. Buyer Protection
11.1 Sellers are required to cooperate with our customer care department. Buyers and sellers let Kinguin.net take, at its discretion, final decisions regarding all claims that buyers may file with Kinguin.net in connection with Kinguin Buyer Protection Policy. If we solve a conflict in favour of a buyer, the purchase price of an article is refunded (including sales tax and any related costs such as commission fees, etc.), and the seller has to reimburse us for the transaction cost we have incurred to make a refund to the buyer. The buyer does not have to return any transaction costs if they submit the documentation (e.g. evidence confirming that the article was such as described) indicated in Kinguin Buyer Protection Policy. Kinguin.net reserves the right to freeze any payment payable to Sellers until and unless the relevant claim by the Buyer is withdrawn or its decided in favour of the Seller
Sellers have to be notified of Kinguin cost return policy in writing. Sellers agree that Kinguin may debit buyer refunds to their accounts. Sellers need to contact Kinguin to change this method. However, we still reserve the right to use the seller’s credit in connection with Kinguin Buyer Protection Policy.
If the credit on a Kinguin.net account turns out to be insufficient, we will require that another seller refund method is selected.
Sellers agree that we may debit their accounts to make refunds to buyers using any method we choose.
A change of the refund method will not affect the way in which Kinguin will charge fees on files or for any other purpose (such as commission fees payable to Kinguin). If the seller does not provide a method for refunds to Kinguin, we may recover any sums payable to us through other payment mechanisms, including collection agencies. We may also suspend or restrict such a seller’s access to our Sites until payment is made.
Correction of errors in payments that sellers make to buyers
11.2 We reserve the right to correct all errors that we may encounter. We will correct all obvious errors by charging the seller’s account or crediting the payment method used to make an erroneous refund under Kinguin Buyer Protection Policy.
11.3 Kinguin.net reserves the right to not accept reports of used keys/gifts acquired from wholesale purchases, submitted later than 30 days from the transaction.
11.4 Kinguin Buyer Protection fee is not refundable (not including Pre-Order cancellations)
12.1 All legal notices or requests addressed to Kinguin.net should be sent in writing to Kinguin.net personally, by door-to-door service or by post to the following address: Kinguin Digital Limited, 8/F On Hing Building, 1 On Hing Terrace Central, Hong Kong. Notices will be accepted once they have been received by Kinguin.net in one of the forms indicated above.
12.2 All legal notices or requests addressed to users will be effective if served personally, by door-to-door service, certified post, fax or e-mail to the last known correspondence address, fax or e-mail address provided by the Users to Kinguin.net or if such a notice or request is placed in a publicly available place on the Site free of charge. The notice is deemed to have been served on the User if Kinguin.net is able to:
a) present such communication in the physical or electronic form in which it has been sent to the User; or
b) immediately publish such a notice in a publicly available place on the Site free of charge.
12.3 The User agrees that all arrangements, notices, requests, disclosures and any other communications to be sent by Kinguin.net electronically will meet the legal requirements for serving such communications in writing.
13. General Provisions
13.1 Unless otherwise stipulated in the Additional Arrangements, the Regulations constitute the entire agreement between you and Kinguin.net in respect of your managing and using the Sites and Services and supersede all previous agreements, either oral or in writing, regarding the same subject.
13.2 Kinguin.net and the User are independent contractors and no agency, partnership, joint venture, employment or franchise between them are stipulated in the Regulations.
13.3 If any provision of the Regulations turns out to be invalid or unenforceable, such a provision should be deleted and the remaining provisions will continue to be valid and enforceable.
13.4 Headings are used for reference only and in no way do they define, restrict or describe the scope or size of any section.
13.5 The unenforceability of any right Kinguin.net may have or its waiver of any violation against the provisions of the Regulations do not constitute a waiver of the claim to enforce such a right or a waiver by Kinguin.net of its right to claim such enforcement in respect of subsequent or similar violations.
13.6 Kinguin.net is entitled to lay down the provisions of the Regulations (including all our rights, titles, benefits, interests, duties and obligations in the Regulations) in respect of every person or entity (including Kinguin.net partners).
13.7 The Regulations are governed by the laws of Hong Kong without reference to their conflicting provisions. Parties approving the Regulations are totally subject to the jurisdiction of courts in Hong Kong.