Terms & Conditions

Last updated: October 17, 2023

1. Applicability
1.1. The Terms & Conditions apply to the relations between any person using the Platform (“website”), in particular, the User, and getmygamekey.com arising from and related to the use of the Platform.
 

2. Definitions
2.1. The capitalized terms and expressions used in this Terms & Conditions mean:
a) Dataflip OU or getmygamekey.com – the company Dataflip OU registered under laws of Estonia, with Company Registration No. 16221921 and having its registered office at Päevalille tn 8, room 14, Tallinn, 13517, Estonia; email address: 
[email protected];
b) Platform – is a website 
www.getmygamekey.com;
c) Product – items and goods in digital form, namely game keys, which can be downloaded by the User to his electronic device, and which are not stored on any data carrier;
d) User – any person, who has registered on the Platform; uses the Platform; makes purchases.
f) Terms & Conditions – these terms and conditions.
2.2. Any references in the Terms & Conditions to the singular include the plural and to plural include singular. References to one gender include all genders.

3.Acceptance of Terms & Conditions
3.1. In order to use the Platform, the User agrees to and accepts the Terms & Conditions as a whole and without reservations.
3.2. Dataflip OU reserves the right to modify or change these Terms & Conditions at any time, and such modifications or changes shall be effective immediately upon posting the updated version on the company's website. By continuing to use the company's services after such modifications or changes have been made, the user agrees to be bound by the updated Terms & ConditionsIt is the user's responsibility to review the Terms & Conditions regularly to ensure they are aware of any changes or modifications. The User who does not agree with the amended Terms & Conditions should resign from using the Platform.
3.4. The User may conclude with Dataflip OU, through the Internet or otherwise, separate agreements related to certain rights and obligations between the User and Dataflip OU. In the case of any conflict or discrepancies between the Terms & Conditions and such agreements, such agreements prevail over the Terms & Conditions unless explicitly stated otherwise in the agreements.


4. Eligibility
4.1Our Platform is intended for use by individuals who are 18 years of age or older. By accessing and using our website, you certify that you are 18 years of age or older.
4.2. Our Platform may not be accessible from certain countries due to legal restrictions. By accessing and using our Platform you certify that you are not accessing our website fromAfghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk, Myanmar (Burma), Central African Republic, China, Congo DR, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, Zimbabwe
4.3. The list provided above in art 4.2.is non-exhaustive and may be updated at any time without prior notifications.

5. User and User’s account
5.1. Each person who wishes to benefit from the functionalities offered by the Platform is obliged to register and set up a personal account on the Platform. In order to complete the registration procedure, they should fill out the registration form available on the Platform.
5.2. The technical requirements for the use of the Platform include possessing a device with access to the Internet and software to view websites such as an up-to-date version of web browser.
5.3. In the registration form, the User is obliged to provide his email address, phone, name, and surname and create a password. The password can be subsequently changed by the User.
5.4. The User is obliged to ensure that all information provided in the registration form is updated and valid, in particular, that the email address which is used for the purpose of operating the account is valid.
5.5. The User acknowledges and agrees that Dataflip OU processes the personal data of the User indicated by the User during the registration process for the purposes of rendering of the services on the Platform and enabling proper functioning of the Platform functionalities for the User.
5.6. Each User may hold only one account on the Platform unless Dataflip OU gives a permission to a given User to hold more than one account.
5.7. The User will be granted access to the functionalities of the Platform after entering the ID and password on the login page.
5.8. The User is aware that the functionalities available on the Platform may differ depending on the country or region, thus certain functionalities may not be available for all Users. The User acknowledges that the access to certain functionalities may be restricted for selected Users.
5.9. The User is obliged to keep the login (e-mail) and password secret and is not authorized to share them. Sharing of the login or password with third parties or giving access thereto to parties other than the User may cause irreversible damage to Dataflip OU or Users. The User is obliged to protect Dataflip OU and other Users against losses and damage caused by the use of their account by third parties. 
5.10. The Users assume responsibility for actions and outcomes of actions of third parties, whom they provided with the access to the account, in particular for the actions undertaken on the Platform.
5.11. In the case of any violation of these Terms and Conditions and the law in force by the User, Dataflip OU reserves its right and possibility to block the User’s account.
5.12. Due to technical problems, maintenance, or introduction of other changes to the Platform Dataflip OU has the right to temporarily suspend the access to all or certain functionalities available on the Platform or to the entire Platform. Dataflip OU will take all reasonable efforts to restore such access as soon as possible. For Users who act as consumers, the access to the functionalities of the Platform may be suspended in the cases prescribed by applicable laws.
5.13. During the purchase process, the User is obliged to indicate her/his place of residence. The User confirms that she/he is aware that Dataflip OU is in possession of tools to detect the localization of User’s network device (and the connection) as regards the country of origin from which the purchase is made and agrees that Dataflip OU may undertake a verification process by requesting from the User to present proper, valid documents confirming place of residence. Dataflip OU will use the documents solely for the purpose of verification of the User compliance with the applicable laws and regulations and assessment of his tax status. Failure to provide these documents or in the case of discrepancies between the place of residence indicated by the User and the results of verification may constitute the reason to refuse the completion of the purchase process on the Platform or removal of the account.
 

6. Payments
6.1. The use of Platform and opening of a User’s account is free of charge for the Users.
6.2. Use of selected payment channels may involve payment of commissions or other fees to the payment service providers. The commissions or other fees may vary depending on the payment services provider used to execute the payment. An amount of such commissions or other fees to be charged are indicated on the payment selection page.
6.3. Currently platform accepts only payments made via credit/debit card.
6.4 The User acknowledges and consent that Products are deemed to be digital content and that he loses the right of withdrawal as prescribed in article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council.
6.5. Dataflip OU may temporarily suspend the fees for promotional purposes (e.g. free bidding days). Such changes become effective once a temporary promotional period or a new good is announced on the Platform.
6.6. All charges and commissions are denominated in EUR otherwise changes will be communicated. The amounts of charges and commissions may be increased by the amount of VAT according to the provisions of applicable law.
6.7. If certain payment method fails, Dataflip OU reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.
6.8. Any User who requests to make a payment through the payment channel available on the Platform acknowledges and agrees that the payment would be made through the website of the payment services providers and that he will duly read and accept the terms and conditions available on such websites before making a payment.
6.9. In the case of problems related to the payments made through websites of the payment services providers, the User should contact the payment services provider.
6.10. The User confirms and asserts that the funds used to pay for any Products offered on the Platform come from lawful sources.
6.11. The Platform allows you to top up your account balance. Funds topped will be credited to your account.
6.12. The minimum top-up amount may be determined by the website and is subject to change at any time.
6.13. Users must provide accurate and up-to-date payment information in order to complete the top-up transaction.
6.14. The Platform does not hold or manage any funds that are transferred as part of the top-up process. All payments are processed through third-party payment providers and are subject to their terms and conditions.
6.15. The Platform is not responsible for any errors or issues that may arise due to incorrect payment information provided by the user, processing delays, or fraudulent activity.



7Gift Cards
7.1. Our website provides its users with the opportunity to purchase gift cards, which can be used to purchase products available on our website. 
7.2. A gift card is a prepaid card that can be used to purchase products on our website. When you purchase a gift card, you are essentially buying store credit that can be used by yourself or given to someone else as a gift. The recipient can then use the gift card to make a purchase on our website, up to the value of the card. If the customer purchases an item that costs less than the value of the gift card, the remaining balance on the gift card will be lost.
7.3.If you are an EU resident, you have the right to withdraw within 14 days from the date you received the gift card. This means you can change your mind and receive a full refund, unless you start using the gift card before the withdrawal period ends. 
7.4. Gift cards expire one year from the date of purchase. 
7.5. We are not responsible for lost or stolen gift cards. 
7.6. Gift cards cannot be combined with any other promotions or discounts. 

8. Prohibited actions
8.1. The User acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:
a) using the Platform for purposes not permitted by domestic or international law or aimed at the violation of such laws or third party rights, including intellectual property rights, copyrights, personality rights, or rights relating to personal data protection;
b) publishing false or misleading information, which may be detrimental to or may expose Dataflip OU, any User or third parties to any harm or damages;
b) impersonating another person or entity, whether existing or fictional or falsely maintaining to be related to any other person or entity, which may be caused or may expose Dataflip OU, any User or third parties to any harm or damages;
d) circumventing or disabling the Platform’s security;
e) defaming, offending, or deceiving other Users of the Platform;
f) breaking the Platform’s source code or any parts thereof,  manipulating it in any way, or modifying, adapting, translating the Platform or any parts thereof, or creating any derivative works on its basis;
g) disturbing the Platform’s activity or disturbing other Users in using the Platform, in particular by uploading and circulating viruses or any other detrimental software such as adware, spyware, etc;
h) discovering access passwords of other Users or breaking into the accounts of other Users, including any attempts thereto;
i) making payments with the use of funds from unlawful or undisclosed sources, in particular coming from other people or stolen credit/debit/prepaid cards;
j) using the Platform for money laundering, terrorist financing purposes or any related fraudulent or criminal activities.
8.2. Any person whose rights were violated by any content published on the Platform is obliged to notify Dataflip OU of the violation at the following email address: 
[email protected]
The notifications should indicate:
a) the right violated and the confirmation of the title to such rights;
b) the data, and the location of the data on the Platform, or the website which constituted or caused the violation,
c) the evidence, including documents, proving the legal title to the data and the right to take the actions in order to protect such right,
d) statement that the User has no right to such data;
e) personal data of the person filing the notification whose rights were violated, including name, surname, residential address, email address, and in the case of legal persons - business name and the address of the registered seat, which will be processed by Dataflip OU according to the Terms & Conditions.
8.3. Upon receipt of a credible notification, Dataflip OU will immediately remove the data from the Platform and inform the User who is responsible for making available of this data on the Platform that a notification has been filed.
8.4. The User may reply to the notification by presenting the evidence which proves his rights to make available the data indicated in the notification, such as license or ownership rights to the game.
8.5. Data will be indefinitely deleted from the Platform in the case:
a) it is not possible to determine the User who made available the data on the Platform,
b) the User does not respond to the notification within fourteen days from the date when the information about such notification was sent to the user by Dataflip OU,
c) the User presents no evidence that he is entitled to make available the data,
d) the User fails to conclude an agreement with the person filing the notifications, which will allow for further publication or use of the data by the User on the Platform,
e) notification is submitted by competent authorities,
f) Dataflip OU receives credible information that the data available on the Platform is illegal or unlawful, even if no notification was filed.

9. Intellectual Property 
9.1. All content, including but not limited to text, graphics, logos, images, and software, on this website is the property of Dataflip OU or its content suppliers and is protected by EU and international copyright laws.
9.2. Unauthorized use, copying, modification or publication of any content or materials available on the Platform without obtaining a license to do so from Dataflip OU is strictly forbidden.
9.3. If you believe that any content on this website infringes upon your intellectual property rights, please contact us at 
[email protected].We will promptly investigate any such claims and take appropriate action, as required by law.
 

10. Privacy Policy
10.1 Your privacy is crucial for us. All necessary information about the processing of personal data of Users can be found in our 
Privacy Policy.

11Refund Policy
11.1. You are eligible for refunds in the following circumstances:

  • If you come across technical problems with a product/ service you've purchased that make it impossible for you to use or access it, please get in touch with our customer support team for help. If we can't resolve the issue within 5 business days, we'll provide a refund.
  • If you notice unauthorized charges on your account related to purchases, please contact our customer support team immediately. We will investigate and, if the charges are indeed unauthorized, issue a refund.
  • In the event of a payment error, such as an overcharge or incorrect billing, please contact our customer support team with proof of the error, and we will rectify the issue promptly, which may include issuing a refund.
  • We may initiate a refund when we detect potentially fraudulent transactions, or in any other situations where we deem it necessary to issue a refund in order to protect our interests and maintain the integrity of our website.
11.2. To request a refund, please follow these steps:
  • Contact Customer Support: Send an email to our customer support team at [email protected] explaining the reason for your refund request. Please include your name, order number and any relevant details.
  • Evaluation: Our customer support team will review your request and may ask for additional information if needed.
  • Refund Decision: We will notify you of our decision regarding your refund request within 5 business days of your response to our final request. If approved, we will initiate the refund.
  • Refund Method: Refunds will be issued via the same payment method used for the original purchase. Please allow 10 business days for the refund to process. Please note that this period may be extended to 1 month depending on your payment provider.


11.3. Account top-ups may be eligible for a refund if a payment error occurs during the account top-up process, such as accidental duplicate charges or overcharges, a refund may be issued for the excess amount.
Also, in other cases we reserve the right, at our sole discretion, to consider requests for top-up refunds. These circumstances may warrant a refund due to unusual and compelling reasons. To evaluate requests for top-up refunds, we may require additional KYC (Know Your Customer) information from the user. This is done to ensure the security and integrity of our platform.
By using our services, you acknowledge and agree to our right to issue refunds as described in this clause.

11.4. We do not offer returns or exchanges on any products or services purchased through our website. By making a purchase on our website, you acknowledge and agree to this Policy.


12. Liability
12.1. The use of our website and the services provided by our website are entirely at the User's risk. Dataflip OU is not responsible for any direct, indirect, incidental, consequential or punitive damages arising out of the use or inability to use our website:
We do not make any representations or warranties of any kind, express or implied, regarding the operation of our website or the information, content, materials, or products included on our website
We do not assume any liability for any viruses, malware or other harmful components transmitted or downloaded from our website, or from any third-party websites linked to or from our website.
We shall not be responsible for any loss or damage to any user's equipment or data, including but not limited to loss of data or information, corruption of data, or damage to hardware, software, or other equipment.
12.2. By using our website, you agree to indemnify and hold us, our affiliates, officers, directors, employees, agents, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our website, your violation of these Terms and Conditions, or your violation of any rights of another.
12.3. In no event shall our liability exceed the total amount paid by the user to us for the use of our website or services.

13. Complaints procedure
13.1. Any complaints related to the Products (including but not limited to problems with the Products) or using the Platform of Dataflip OU should be sent by email to the following email address: 
[email protected].The complaint should be resolved within fourteen days from the date of delivery of the complaint to Dataflip OU.
13.2. Each complaint should contain a full explanation of the problem as well as all available supporting evidence.
 
14. Final provisions
14.1. Without prejudice to the provision of law applicable in relations with the consumers, the Terms & Conditions and any other documents related to the functioning of the Platform and Products offered through the Platform are governed by and should be interpreted in accordance with laws of Estonia.
14.2. If any provision of the Terms & Condition proves to be invalid or ineffective, it will not affect the validity of the remaining provisions. Invalid or ineffective provision will be replaced by such valid provision which reflects the economic value, the intention of the parties and objective of the invalid or ineffective provisions to the highest extent.