Terms & Conditions

TERMS AND CONDITIONS

Last updated: 24/05/2023

(We are entitled from time to time to make changes to these Terms and Conditions).

Please read these terms and conditions carefully. These terms and conditions govern and apply to all and any use, access and availability of the Service (as defined below).

These terms and conditions also include our e-commerce terms, competition rules, and end-user license agreement for any Games that you buy through the Service and our separate Privacy Policy, Cookie Policy and Refund Policy.

By accessing the Service (and each time that you do so) you signify that you have read, understand and are able to agree to be bound by these terms and conditions (including any terms and conditions incorporated into or referred to by these terms and conditions) whether or not you have a registered Gamingspay.com account.

1. INTRODUCTION AND DEFINITIONS

The following services are made available by Gameback LTD, Suite 17027 43 Bedford Street, London, United Kingdom, WC2E 9HA, incorporated in England and Wales with company number 14598782 (“Gamingspay.com”, “we”, “us” or “our”):

●    the online digital distribution e-commerce and entertainment platform owned and operated by Gamingspay.com and available from time to time at or using our website https://gamingspay.com;

●      we may make Games digitally available for purchase, resale and / or download through the Website;

●   content, materials, postings, data, messages and communications sent, posted, placed on, made to or otherwise communicated to, from or using the Website, Apps or Partner Websites (our “Content”) (together, the above constitute our “Service”).

“Content” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using the Service;

“Game” or “Games” means those computer or console games, digitally available which are or may be purchased and / or downloaded using the Service and resold to or through the Website in accordance with these terms and conditions and used in accordance with the applicable Game EULA;

“Game EULA” means the end user licence agreement applicable to a Game in the form substantially set out in Section 21 below;

By using the Service, and each time that you do so, you are telling us that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand these terms and conditions you should not use or access the Service or any part of them. By using and accessing the Service you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. We shall have no liability in relation to any hardware, software or other services required to make use of the Service.

If you are under the age of 16 and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.

We may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from https://gamingspay.com . We will use our reasonable efforts to notify you of any such changes, which will not apply to any earlier use of the Service or purchases of Games through the Service.

Your continued use of the Website will be deemed acceptance of the updated or amended terms and these variations shall become effective immediately upon being accessible. If you do not agree to the changes, you should cease using the Service. If there is any conflict between these terms and specific local terms appearing elsewhere on the Service then these terms shall prevail.

2. REGISTRATION, ACCOUNT AND PASSWORD

In order to use and access the Service you will need to register. To register you will need to submit certain information and choose a user name and a password.

The user name and password chosen by and/or issued to you for the purpose of accessing the Service is personal to you so that you can use and access the Service and must not be disclosed to any person without our prior written consent.

You agree, accept and understand that:

●      You must ensure that all information held about you by us is up to date;

●      You can amend your registration details at any time through the Service (as appropriate);

●      You are and shall remain solely responsible for maintaining the confidentiality of your user name and password; and

●      You are solely liable for any use of the Service using your username and password whatsoever.

DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR USER NAME, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED IN ANY WAY YOU MUST INFORM US IMMEDIATELY.

You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify (compensate) us against any loss or damage incurred by us and/or any third parties who may suffer damage as a result of the information that you have supplied.

3. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

Subject to these terms and conditions and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited license to access and use the Service solely for your private, non-commercial, personal use only.

This license includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Service and the right to download, install and use the Apps in accordance with these terms and conditions and any applicable end user licence agreement.

You may not transfer, sub license or deal in this right without our prior written permission.

These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service and should not be deemed a sale or transfer of any copyright or other intellectual property rights subsisting in it.

Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trademark and trade dress rights and other intellectual property rights in the Service (in any part of the world, whether registered or unregistered) belong to and vest in us, or are licensed by us (as appropriate). All our intellectual property rights are hereby asserted and reserved.

All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third party Communications.

4. RESTRICTIONS AND OBLIGATIONS

You agree to comply with all rules applicable to the use of the Games purchased or otherwise obtained through the Service including but not limited to the applicable Game EULAs.

Notwithstanding any other provision of these terms and conditions you agree and undertake not to:

●      Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with applicable mandatory law in your jurisdiction);

●      Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;

●      Create software which mimics any data or functionality in the Service;

●      Use or deal in the Service except as permitted by these terms and conditions;

●      Include contact details intended to enable communication outside of the Service, in any Communication;

●      Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;

●      Make any public, business or commercial use of the Service or any part of them;

●      Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without our prior written permission;

●      Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Website or Apps, or showing either to other people);

●      Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or

●      Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users in a Game or otherwise, and you expressly consent to our monitoring your computer's random access memory for the purpose of identifying said unauthorized third party programs.

5. FORUM AND COMMUNICATIONS

The views expressed in any communications are the views of the individual authors and not those of us unless specified otherwise by us. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any communications. By using the Service you acknowledge that we have no responsibility to review the content of any communications and that all communications are made available on the basis that we are not required to and do not exercise any control or judgement of the content. Notwithstanding the foregoing we shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.

You agree that we may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Service and our business and you hereby grant us an irrevocable, sub-licensable, transferrable, unrestricted non-exclusive right and license and all necessary permissions, consents and licences required for us to use your communications in that way, including without limitation your profile and the content of your posts through the Service. You further waive all so called moral rights in your communications.

You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided to us. Notices that are applicable to all our customers shall be made available on the Website or otherwise via the Service. You will be deemed to have received a notice at the time the email is sent or within 14 days of the time the notice is posted on the Website or otherwise within the Service.

All emails or other communications sent by us and attachments thereto are intended for the addressee only.

6. LIABILITY

This clause applies to your use of the Service, but not to any Products (as defined in Section 8 below) which you purchase through the Service.

Gamingspay.com provides and maintains the Service for personal entertainment on an “as is“ basis and is liable only to provide its services with reasonable skill and care.

External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the Service links. Gamingspay.com gives no other warranty in connection with the Service and to the maximum extent permitted by law, Gamingspay.com excludes liability for:

●      Any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which We have been made aware of;

●      The accuracy, currency or validity of information and material contained within any Communications or the Service;

●      Any interruptions to or delays in updating the Service;

●      Any incorrect or inaccurate information on the Service;

●      The infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Service;

●      the availability, quality, content or nature of External Sites;

●      any transaction involving External Sites;

●      any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to you by us or on our behalf through the Service causes damage to your digital content or devices you may be entitled to compensation or repair or replacement, in which case please let us know); and

●      all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

We do not warrant that the operation of the Service will be uninterrupted or error free.

We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Service into disrepute.

You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

You hereby indemnify (agree to compensate), defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of the Service, or any of your Communications, or any use of your user account. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

7. TERMINATION

Without limiting any other rights that we may have, we may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if we consider (in our sole discretion) that you have breached any of these terms and conditions.

You may also terminate your agreement with us by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies which have accrued up to the time of termination.

8. PURCHASES

You may purchase Games, and Gift Cards (together, the “Products”) through the Service as follows:

●      Our shopping pages will guide you through the steps you need to take to place an order for a Product (“Order”) with us.  Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your Order at each stage of the order process.

●      When you place an Order this will be deemed an offer by you to buy the Product(s) for the price stated, subject to these terms and conditions.

●       

If the payment confirmation for a purchase is delayed, the order will be fulfilled with a version of the game as advertised at the point of payment confirmation.

●      Once Gamingspay.com has sent the confirmation email, Gamingspay.com will (if the Product is available) make the Game available (either for download by you or otherwise);

●      If Gamingspay.com are unable to supply you with a Product for any reason we will inform you of this by email or otherwise through the Service, and we will not process your Order.  If you have already paid for the Product(s), Gamingspay.com will refund you the full amount, including any delivery costs charged, as soon as possible.