Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. IF YOU VISIT OR USE ANY SERVICES ON WWW.ABSOLUTEGAMERS.COM YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT. IF YOU DISAGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OUR SERVICES. (AS DEFINED BELOW)

This website is owned and operated by AbsoluteGamers.com, and these Terms of Use govern your rights and obligations, as a user of all the portals governed, administered and managed by AbsoluteGamers.

1. Privacy

Please review the PRIVACY POLICY that also governs your visit to the www.AbsoluteGamers.com website.

2. Definitions

Account   : means your account duly registered with AbsoluteGamers to facilitate the use of the Service provided on our website; 

Services  : means the services provided by AbsoluteGamers on our website, including, without limitation, reselling and retailing online games and related merchandise, game publishing, online marketplace for sale of items, and booking services, subject to the conditions in these Terms of Use;

Items       : means the goods and services available for sale on our website, and “Item” shall mean any one of them.

Customer : means a person who purchases an Item on our website.

Parties     : means collectively you and AbsoluteGamers, and “Party” shall mean any one of them.

3. Licence and Website Access

Subject to the terms and conditions of this Agreement and your agreement to and counting compliance with this Agreement, AbsoluteGamers hereby grants you a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to use the Service of our website by accessing it with a web browsers.

4. Copyrights

All content on the AbsoluteGamers website, including but not limited to text, button icons, graphics, images, software, audio clips, logos, data compilations, and digital downloads, is the property of AbsoluteGamers.com website and its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of AbsoluteGamers.com and is protected by international copyright laws. All software used on this website is the property of AbsoluteGamers.com or its software suppliers and is protected by international copyright laws

5. Account

If you use this website, you are responsible for maintaining the confidentiality of your password and Account, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. If you are under the age of 18, you may use AbsoluteGamers.com sevices only with involvement of a parent or guardian. You shall immediately notify AbsoluteGamers if you are aware or believe your Account has been hacked or compromised. You shall be liable for all transactions conducted through your Account at any time prior to the receipt by AbsoluteGamers of your notification as stated above. AbsoluteGamers.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

6. Disclaimer of Warranties and Limitation of Liability

Each time you access our website or use our service, you irrevocably and unconditionally represents and warrants that:

-  you are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the portals and using the Services;

- your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and e-mail address, are true and accurate. You shall forthwith notify us in writing of any change in your personal information;

- you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstance reveal or disclose the password to your Account to an unauthorized party and shall take all steps to prevent the disclosure of the password to your Account to any unauthorized party;

- save as otherwise permitted by AbsoluteGamers, you shall not, directly or indirectly, use the Services for any commercial purposes;

- you shall not use our website or the Services we provide to conduct any fraudulent, immoral or illegal activities or such activities that infringe the intellectual property rights of third parties;

- you shall not use any intellectual property belonging to AbsoluteGamers or any publishers listed on the website including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of AbsoluteGamers;

- you shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the website or the employees of AbsoluteGamers.

This website is provided by AbsoluteGamers on an “as is” and “as available” basis. AbsoluteGamers makes no representations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content, materials, or products included on this site. You expressly agree that your use of this website is at your sole risk.

To the full extent permissible by applicable law, AbsoluteGamers.com disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AbsoluteGamers does not warrant that this website, its servers, or e-mails sent from AbsoluteGamers.com are free of viruses or other harmful components. AbsoluteGamers will not be liable for any damage of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damage.

7. Use of our Services

You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access our website and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the website. It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that AbsoluteGamers may issue from time to time. AbsoluteGamers shall not be liable for any errors, losses or damages caused by your use of the Services. It is your responsibility to secure the information of the Account. Any notification or confirmation received by AbsoluteGamers from Account shall be deemed to have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation. AbsoluteGamers shall not be liable for acting on the notification or confirmation sent through your Account. AbsoluteGamers shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt of the terms of such notification or error, fraud, forgery, and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify AbsoluteGamers upon receipt of incomplete, garbled or inaccurate data or information from AbsoluteGamers. You shall also immediately notify AbsoluteGamers upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account. You acknowledge and agree that AbsoluteGamers may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof. Unless otherwise permitted by AbsoluteGamers in writing, you shall not upload, post, e-mail, transmit or otherwise make available any unauthorized or illegal activities on the website or directly to other users of the website. You shall not upload, post, e-mail, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the website. You irrevocably and unconditionally allow and permit AbsoluteGamers to sent to your Account updates on services and events offered or provided by AbsoluteGamers.

8. Store credit & Payouts

- Store Credit can be topped-up in the Account through the payment methods listed on the website.

- Store Credit can be used to purchase any of the Services or items.

- AbsoluteGamers shall, as and when it deems fit, amend, modify, remove, or add any Store Credit or Store Credit account without prior notice to you.

- Minimum amount required to request a payment is $10. 

9. Availability of Service

The Services are usually available on a daily basis unless otherwise specified herein. There may be certain times that the Services may not be available due to maintenance or malfunction of the website or such other reasons beyond the control of AbsoluteGamers. AbsoluteGamers makes no warranty that the Services will be available at the times stated herein. Unless otherwise provided in these Terms of Use, AbsoluteGamers shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Service at any time and from time to time for any reason whatsoever.

Notwithstanding any provisions to the contrary in these Terms of Service, AbsoluteGamers shall be entitled to:

a.  immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or

b.  impose conditions or restrictions on your use of the Service without notice.

Furthermore by accessing our website you consent that you are aware that all transactions conducted on our website are through telecommunication and data networks. You are fully aware that your receipt of the notification from AbsoluteGamers and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that AbsoluteGamers cannot guarantee the prompt delivery of such notification or confirmation. You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

10. Applicable Laws, Regulations and Disclosure of Information

Your use of the Services shall be governed by the jurisdiction where the contracting entity of AbsoluteGamers is domiciled. Where required, you shall obtain the approval of consent or permission of the relevant regulatory authorities prior to using the Services. For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction. You shall fully indemnify, defend and hold AbsoluteGamers and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of the Terms of Use and Privacy Policy.

AbsoluteGamers shall be entitled and you irrevocably and unconditionally consent and authorise AbsoluteGamers to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the website to such extent that AbsoluteGamers may at its absolute discretion deem fit to:

  1. such persons as AbsoluteGamers may be required to disclose under the applicable law;
  2. such other persons or entity pursuant to any governmental directive or order of the court; or
  3. any other party whomsoever as AbsoluteGamers deems fit.

Save as otherwise permitted in Clause 10, AbsoluteGamers will not disclose your personal information to any other party without prior notification to you.

11. Sale of Items

You may list and sell your Items on our website in accordance with the procedures set out herein. Prior to you listing your items on the website, you must make an Account, submit and verify to AbsoluteGamers, your telephone number and billing information. AbsoluteGamers may at its absolute discretion:

  1. remove or suspend, without any notice to you, any of the items listed by you if AbsoluteGames is of the opinion that you have breached the terms of these Terms of Use viz-a-viz such items;
  2. categorise you into the relevant group of sellers based on AbsoluteGamers’ criteria; and
  3. determine the range of prices for each item listed on the website.

By listing the items on our website, you have acknowledged and confirmed that:

  1. you are the legal and beneficial owner of the items;
  2. you have the right to list and sell the items;
  3. you are able and ready to transfer title and interest in the interest in the items to the Customer as and when the Customer makes payment to AbsoluteGamers.
  4. you warrant and represent to all persons viewing the items on the website that the items are accurately described, good quality and fit for their respective purpose; and
  5. you are licensed to use the intellectual property contained or comprised in the items and you have not infringed any third-party intellectual property rights.

You acknowledge and agree that AbsoluteGamers is merely acting as a provider of the website which enables you to use the Services. AbsoluteGamers shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the Customer to pay the price of the Purchased item and the amount of such payment. You shall resolve directly with the Customer, any claims or complaints made by the Customer in respect of the price, quality and condition of the Purchased items. You shall be liable for all claims in relation to and in connection with the Purchased Items, including, without limitation, defective quality and misdescription of Purchased Items. You shall deliver the Purchased Item to the Customer upon our notification to you that the Customer had paid to us, the purchase price of the Purchased Item. Such delivery of the Purchased Item shall be in accordance with AbsoluteGamers’ delivery procedures. In amplification, all communication tools provided by AbsoluteGamers are strictly for performing the delivery of the Purchased Item to the Customer. You are not permitted to use such communication tools for any other purposes. You shall indemnify and keep AbsoluteGamers indemnified in respect of loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained or incurred by AbsoluteGamers as a result of a breach of warranties or representations or any terms and conditions of these Terms of Use by you or your failure to perform any of your obligations under these Terms of Use. You hereby irrevocably and unconditionally authorize AbsoluteGamers to forward your contact information to the relevant Customer upon the Customer’s payment of the Purchased Item with us. Upon AbsoluteGamers’ satisfactory receipt of the requisite documents and confirmation from you as evidence that you had delivered the Purchased Items to the Customer in accordance with AbsoluteGamers’ delivery procedures, AbsoluteGamers will credit the purchase price of such delivered Purchased items into Account in the form of Store Credit, after deducting the handling costs and fees due and payable by you to AbsoluteGamers for such delivered Purchased Items Provided Always that AbsoluteGamers has not received any notice of dispute from the Customer. In this respect, you hereby irrevocably and unconditionally agree and authorize AbsoluteGamers to make such deductions of handling costs and fees from the purchase price of such delivered Purchased Items. For the  avoidance of doubt, any payments made by AbsoluteGamers to the Account shall be in accordance with the timeframe and cut-off time determined by AbsoluteGamers, subject to such variation of modification as AbsoluteGamers shall in its absolute discretion determine from time to time. If you fail to resolve a dispute with the Customer pursuant to Clause 11, and such dispute is referred to AbsoluteGamers for resolution (“Referred Dispute”), you hereby irrevocably and unconditionally authorize AbsoluteGamers to make a final decision at its absolute discretion.

If AbsoluteGamers resolves the Referred Dispute:

  1. in favour of the Customer, then, you hereby unconditionally and irrevocably authorize AbsoluteGamers to refund to the Customer all payments made by the Customer in respect to the Purchased Items forming the subject-matter of the Referred Dispute. You shall bear all costs and fees incurred by AbsoluteGamers in making such a refund to the Customer; or
  2. in your favour, AbsoluteGamers shall the release to you, the purchase price of the Purchased Items forming the subject-matter of the Referred Dispute after deducting all costs and expenses incurred by AbsoluteGamers in resolving the Referred Dispute. In the event that you wish to withdraw the purchase price of the Purchased Items from the Account, you then may be required to submit to AbsoluteGamers, a copy of your identity card or passport.

12. Service Description

AbsoluteGamers and its affiliates attempt to be as accurate as possible in describing Items and Services. However, AbsoluteGamers does not warrant that Item and Service descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If an Item or Service offered by AbsoluteGamers itself is not as described, your sole remedy is to contact our customer support via LiveChat or e-mail (support@absolutegamers.com) within 24 hours of the purchase and ask for a refund. After assessing the request AbsoluteGamers will, at its absolute discretion, determine whether to refund the full price or the purchase.

13.  Payment, Cancellation, Return and Virtual Items

You may pay for the Services in such currency that is available on the website in accordance with the prevailing exchange rate determined by AbsoluteGamers at its absolute discretion. You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services through the Account. AbsoluteGamers shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever. AbsoluteGamers shall be entitled to vary or modify or remove the modes of payment available on the website at any time without prior notice to you.

All Virtual Items reflected in the Account are not actually owned by you. You merely have a licence to use the Virtual Items on the website in accordance with such terms as AbsoluteGamers may impose from time to time. The value of the Virtual Items reflected in the Account does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash. Unless otherwise permitted by AbsoluteGamers in writing, you are prohibited from selling, transferring or otherwise disposing of the Virtual Items to any other persons, whether within or without the confines of the website.

If AbsoluteGamers determines that a Service wasn’t fully completed, in accordance to the guidelines and procedures set out herein or on the website, AbsoluteGamers may at its absolute discretion:

     a. Cancell the order and fully refund the Customer in 24 hours if no part of the Service was completed and/or fulfilled in accordance to the guidelines and procedures set out herein or on the website;

     b. Cancel the order partially refund the Customer in the next 72 hours with Store Credit if the Service was partially completed. The amount of Store Credit allocated to the Customer will be estimated by AbsoluteGamers at its absolute discretion to reflect the amount of Service that was incomplete.

     c. Due to nature of the products, delivered items are not returnable nor refundable.

     d. Prior to accepting delivery of the Items or Services, customer may request a cencallation of the order and in such case payments will be reffunded in full.

14. Updates, Waiver and Severance, and Notices

AbsoluteGamers will update these Terms of Use as the Service and law evolve with new versions. If the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the new Terms of Use, otherwise you will no longer be permitted to use the Account or the websites Services. AbsoluteGamers may change, modify, suspend, or discontinue any aspect of the Service at any time. AbsoluteGamers may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. The Terms of Use may be modified, added to, deleted or varied by AbsoluteGamers by way of posting on the website or in any other manner as AbsoluteGamers may in its absolute discretion determine. You agree that continued use of the Services shall constitute your acceptance of these Terms of Use (as modified and varied from time to time). If at any point you do not agree to any portion of the Terms of Use or any other AbsoluteGamers policy or agreement relating to your use of the Service, you must immediately stop using the Service.

All notices and documents required to be given by you under these Terms of Use to AbsoluteGamers shall be sent to AbsoluteGamers by registered post to the AbsoluteGamers’ address listed on the website. Any notice or document sent by you to AbsoluteGamers shall be deemed served when such notice or  document is received by AbsoluteGamers. All notices and documents required to be given by AbsoluteGamers under these Terms of Use to you shall be sent to you by any one of the following methods:

     a. electronic mail to your last known electronic mail address according to AbsoluteGamers records;

     b. posting the notice or communication on the website;

     c. notices placed with or in any of AbsoluteGamers’ written communications to you;

     d. notices placed through any media; or

     e. any manner of notification as AbsoluteGamers may at its absolute discretion determine.

Any notice or document or communication given by AbsoluteGamers to you shall be deemed to be served and received by you on the day following the sending of such notice or document.

Any failure by AbsoluteGamers to enforce at any time or for any period any one or more of these Terms of Use shall not a waiver of them or of the right at any time subsequently to enforce these Terms of Use. In the event that any provisions of these Terms of Use is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable AbsoluteGamers shall amend that provision in such reasonable manner as would achieve the intention of AbsoluteGamers or at the discretion of AbsoluteGamers it may be severed from these Terms of Use. The remaining provisions remain in full force and effect.

 

 

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