Welcome to www.gamebalt.com.. Sia TKM Baltics and/or its affiliates (referred to as we, our or “Gamebalt.com”) provide website features and other services to you when you visit or shop at www.gamebalt.com (“the Site”), use our products or services, or use software provided by us in connection with any of the foregoing (Collectively “the Services”). Gamebalt.com 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 Gamebalt.com.
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 Gamebalt.com. 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 Gamebalt.com or (b) are not permitted to use the Services in accordance with the laws of the Latvia Special Administrative Region of the People’s Republic of China (“Latvia”) 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 Gamebalt.com 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 Gamebalt.com or our partners, via the Internet or otherwise, a separate agreement for certain services provided by Gamebalt.com. (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 Gamebalt.com 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 communicatins be in writing, unless mandatory applicable laws specifically require a different form of communication.
2. Service Fees
2.1 Joining Gamebalt.com 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 Site. Gamebalt.com 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 functionality 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. Gamebalt.com 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 Gamebalt.com 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, Gamebalt.com 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 Gamebalt.com or its licensors, suppliers, publishers, rights holders, or other content providers.
3.3 You may not misuse the Gamebalt.com Services. You may use the Gamebalt.com Services only as permitted by law. The licenses granted by Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com. 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 Gamebalt.com Personal Information Protection Policy specifying all the details of how to protect and use Users’ personal information that is in possession of Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com 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 unauthorized scripts, programs, and manipulating prices by means of unofficial hacks /bots on the platform Playdux is prohibited and may result in account termination and non-payment of due funds (money) for the goods sold.
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.
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 Gamebalt.com, one User should subscribe for and hold one User Account only. Gamebalt.com can close or suspend a User Account if Gamebalt.com reasonably suspects that the User has subscribed to or controls two or more user accounts. Gamebalt.com may reject a User registration application without specifying reasons.
4.2 After subscription to a Site, Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com or other Site Users. The User is obliged to protect Gamebalt.com, 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, Gamebalt.com 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 cannot 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 Gamebalt.com address directories, databases and password lists;
i) will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;
j) will not attempt to compromise the integrity of data, systems or networks used by Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com customer care department for Gamebalt.com 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, Gamebalt.com 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 Gamebalt.com 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. Gamebalt.com 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 It's prohibited to sell products commonly offered as free and products available to purchase on charity events. ( i.e. Humble Bundles, etc.)
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.
6. Forbidden Actions
6.1 Gamebalt.com 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 Gamebalt.com or our partners liable or be otherwise inappropriate in the opinion of Gamebalt.com.
6.2 If the User/Seller violates any provision of the Regulations or if Gamebalt.com reasonably believe that it has been violated by any User/Seller, Gamebalt.com 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. Gamebalt.com is also entitled to restrict, refuse or ban the existing or future access to the Services provided by Gamebalt.com. Among other things, the penalties that can be imposed by Gamebalt.com 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 Gamebalt.com may find appropriate at their absolute discretion. Gamebalt.com 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 Gamebalt.com 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) Gamebalt.com can reasonably suspect that the User has used a stolen credit card or any other false information when contracting with a partner,
c) Gamebalt.com can reasonably suspect that any information provided by the User/Seller is invalid, incomplete, untrue, inappropriate or misleading,
d) Gamebalt.com suspects that actions taken by the User/Seller expose Gamebalt.com, its partners and any other Users to financial losses or may result in making the same liable.
6.4 Gamebalt.com reserves the right to cooperate fully with authorities, private detectives and/or cheated third parties as part of criminal or civil investigations. Furthermore, Gamebalt.com 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. Gamebalt.com 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 Gamebalt.com.
6.5 If the Member is in breach of the Regulations, Gamebalt.com also reserves the right to report such breach on the Sites. If such breach involves any unfair or unlawful conduct, Gamebalt.com also reserves the right to disclose such breach to our partners, including without limitations, etc. Gamebalt.com 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 Gamebalt.com partners.
6.6 Each User/Seller agrees to indemnify and hold harmless Gamebalt.com, 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 Gamebalt.com 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. Gamebalt.com 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 Gamebalt.com in claiming any defence.
6.8 Gamebalt.com 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 Gamebalt.com provides electronic online platforms to exchange information between buyers and sellers of products and services. In addition, Gamebalt.com provides Users/Sellers with online platforms to post, accept, place, manage and execute orders subject to the terms and conditions of services contained in Gamebalt.com ___________________. Nonetheless, Gamebalt.com makes no representation to the seller or the buyer in relation to any Services. Gamebalt.com 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. Gamebalt.com 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, Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com in connection with transactions conducted on, via or as a result of using the Services. Gamebalt.com 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 Gamebalt.com on or via the Sites are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis”, and Gamebalt.com hereby expressly declines all warranties, including but not limited to any warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose. All warranties, representations, conditions or undertakings are hereby excluded.
8.2 To the fullest extent permitted by law, Gamebalt.com 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. Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com 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 Gamebalt.com or our partners be held liable for such services or products.
8.5 Each User/Seller agrees to indemnify and hold harmless Gamebalt.com, 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 Gamebalt.com, 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 Gamebalt.com, including those specified in section 5.