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General Terms of Sale

Preamble

The brand name “Instant Gaming” is wholly owned by INSTANT GAMING LIMITED. By using this website and by placing an order, you declare to unconditionally accept the terms of sale, alongside with the entirety of these present general terms of sale, and you categorically acknowledge that you are bound by the Terms of Sale. Before using this website or placing an order please read the Privacy Policy.

Article 1 - Definitions

Instant Gaming – Fully owned brand name of the company INSTANT GAMING LIMITED with its registered office in Hong Kong, Suite 2611, Langham Place Office Tower, 8 Argyle Street, Mongkok and registered under the number 1808100

Site – The website made available on the Internet from the address: https://www.instant-gaming.com

User – any person using any of the Site’s functionalities and/or who has registered an account on the Site.

Purchasing User – any natural person or legal entity purchasing products via the Site;  

Order – a placement of an instruction for purchase of digital goods or services by a User via the Site.

Terms of Sale – these terms and conditions of sale, as they are updated from time to time, including any subsequent agreements in writing with the Buying User, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers , constituting terms and conditions for the provision of services via electronic means.

Privacy Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by Instant Gaming and is published, as amended from time to time on the Site.

Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.

Article 2 - Purpose

The Site is an online platform which seeks to enable the sale and purchase of digital goods between the Users, the Purchasing Users and the Sellers. The Site aims to facilitate the sale of CD keys in connections to games, online downloadable from the Site in the form of scanned card, or as a code displayed in text format. Codes are official keys allowing to unlock the entirety of a game downloaded as digital from downloading platforms which have been given by developers of the game. Availability of cards is based on the stocks. A product which is not in stock can’t be bought, as Instant Gaming disables the sale if the code or card is not available at such time. For the avoidance of any doubt, Users and Purchasing Users are not being charged by Instant Gaming as the access, use and placement of Orders through the Site is gratuitous.

Article 3 – Acceptance of Terms

3.1 Subject to any variation under Condition 3.5 below, these Terms of Sale are the only terms upon which the Instant Gaming is prepared to deal with the Purchasing User and they shall govern the Order to the entire exclusion of all other terms or conditions of the User, its agents or employees (including any terms or conditions which the User purports to apply under any acknowledgement or confirmation of Order or other document).

3.2 All descriptions of the products and services contained on the Site or otherwise communicated to any Purchasing User of such products are approximate only and shall not form any part of the contract between Instant Gaming and the Purchasing User. Instant Gaming shall not be liable to the User for any errors or omissions on the Site or other advertisement of either digital goods or other products marketed via the Site.

3.3 Each Order placed by the User through the website shall be deemed to be an offer by the User to buy goods subject to these conditions. Instant Gaming has the right to verify the User’s method of payment, billing and shipping addresses before accepting the User’s Order. Instant Gaming shall either expressly accept by giving notice of acceptance, or impliedly by fulfilling the Order, in whole or in part. Any form of acceptance by Instant Gaming would result to a contract between Instant Gaming and the User, governed by these Terms of Sale.

3.4 The User can purchase codes to activate games through the game's platform. No Order shall be considered to be accepted by Instant Gaming until the ordered digital goods have been made available and the User receives the relevant confirmation email. If Instant Gaming shall attempt to notify the User in case Instant Gaming declines to accept an Order using the email address or other contact information the User has provided with the Order. Once the code has been validated, it will be considered as “used” once it has been accepted by the platform.

3.5 No terms, conditions or specifications – or any similar wording or document - endorsed upon, delivered with or contained in the User’s Order, shall form part of the contract entered into upon Order confirmation simply as a result of such document being referred to in the contract and the User waives any right which it otherwise might have to rely on such terms and conditions.

3.6 Instant Gaming reserves the right to limit or cancel any available quantity of goods for purchase on any Order on any basis, and to alter the availability or duration of any special offers at any time. Instant Gaming shall execute Orders to the User's requirements, but may – at its sole discretion - provide substitute products where requested by the User, or where the product has been superseded by the latest version. For the avoidance of any doubt, any past accommodations of such User requests shall not be construed as past contractual performance upon which a User may require Instant Gaming to continue accommodating such requests in the future. To the extent that Orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the User's option) either be put on back Order to be fulfilled when Instant Gaming next has available stock or be cancelled and refunded to the User. Instant Gaming may reject any Order, or any part of an Order.

3.7 Both Instant Gaming and the User acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not set out in the contract entered into upon Order confirmation or in any confirmation email; without however such confirmation email constituting an amendment of the Terms of Sale governing such contract. Nothing in these Terms of Sale shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.

3.8 Users should pay particular attention to Articles 6 and 7 below.

Article 4 - Rates and payment methods

Rates are available at any time on the Site and may be updated at Instant Gaming’s discretion and without notice to the Users or Purchasing Users. Therefore, rates may vary from day to day as Instant Gaming reserves the right to update such prices in accordance with the instructions of the Sellers. Depending on the payment platform selected by the customer, the settlement may be operated by a third party operator on behalf of Instant Gaming Ltd: PAYOP LTD, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ UK (Company Number 10390479). By accepting these terms and conditions, the User and/or Purchasing User gives Instant Gaming the permission to transfer his personal details to the payment operator.

Article 5 - Access to the service

5.1 Access to the SIte is available 24 hours a day, 7 days a week, except in case of force majeure or maintenance interventions; and such access is gratuitous. If you have any difficulties to access to the service, the service support of the Site is reachable directly by e-mail at support@instant-gaming.com.

5.2 The User and Purchasing User acknowledge that Instant Gaming shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the Hong Kong, the European Union or other country.

5.3 The User or the Purchasing User is aware and fully understands the relation between games, photosensitive epilepsy and video game-induced seizures. The User or the Purchasing User unconditionally and irrevocably acknowledges that Instant Gaming has taken all reasonable to warn him over the connection between video games and photosensitive epilepsy and video game-induced seizures.

Article 6 - Rules of Internet use

The User or the Purchasing User agree to the characteristics and limitations of the Internet and especially acknowledge: that the User or the Purchasing Users is the only responsible of the use that he makes of these information. Accordingly, Instant Gaming shall in no way be held civilly liable, because of an express or tacit obligation, responsible towards any User or Purchasing User, for any direct, indirect or consequential damages arising from the use of such information; that he is aware of the nature of the internet, especially its technical performance and of the response delay for consulting, querying or transferring information; that the disclosure by the User or Purchasing User of his personal details of identification or generally speaking of any information considered as confidential by the User or the Purchasing User, is done under his own sole responsibility; that it is the sole responsibility of the User or Purchasing User to take all necessary measures to make sure that the technical features of his computer allow him to look at information; that it is the sole responsibility of the User or Purchasing User to take all appropriate measures to protect his owns data and/or software from contamination of viruses circulating through the website.

Article 7 – Limitation of Liability

Instant Gaming will not be liable to the user, the purchasing user or any third party for any indirect, special, consequential, or punitive damages (including lost profits, lost savings or lost business opportunities) arising out of or relating to any contract governed under these t&c or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Instant Gaming has been advised of the possibility of any such damage. In no event will Instant Gaming’s be held liable due to defect of the goods purchased by Instant Gaming. The purchasing user recognises that Instant Gaming is only an intermediary platform for marketing the goods purchased through the site, has absolutely no involvement in the actual design and manufacture of such goods and further agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Article 8 - Force Majeure

Instant Gaming will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, shortages, labour disputes, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Instant Gaming's time for delivery or performance will be extended by the period of such delay or Instant Gaming may, at its option, cancel any Order or remaining part thereof, without liability, by giving notice to the User.

Article 9 - Termination and Refunds

Considering the digital nature of the keys marketed and sold through the Site, the Purchasing User may submit a request for a refund to the absolute condition that the purchased code has not been used. In accordance with the law, the Purchasing User has waived his right of withdrawal automatically as soon as the code has been redeemed. If granted, the refund process may take up to 7 business days to be completed.

Article 10 - No Waiver

10.1 Failure or delay by either Instant Gaming, the User or the Purchasing User in enforcing or partially enforcing any provision of the contract’s Terms of Sale shall not be construed as a waiver of any of its rights under the contract.

10.2 Any waiver by either party of any breach of, or any default under, any provision of the contract by the other shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.

Article 11 – Affiliation Program

The Affiliation Program is not eligible in the following situations:
- Orders of a total NET amount below 5€
- The use of a secondary account or an account linked by any mean to the Affiliate account
- The Buyer already visited Affiliation Link more than a month ago (Clause not applied to our official partners)

IT IS FORBIDDEN for the Affiliate to:
- use of Adwords or Facebook advertising platforms to buy traffic
- usurpation of the Instant Gaming brand to advertise your affiliation link without our consent.
- replace, intercept, interfere with, hinder, disrupt or otherwise alter a Purchasing User’s access, view or usage of the Site, of a Link or the Seller Site, including without limitation any click-through or track-based transaction.
- use of any cookie stuffing techniques including, but not limited to, pop-ups, frames, images, Javascript or stylesheets.
- place Links in any manner which may (intentionally or unintentionally) mislead any Purchasing User.
- cause any use of a Link in bad faith or through fraudulent means, including, but not limited to, using any device, program, robot, inline frames, hidden frames, or redirects.

Instant Gaming may partially or totally withhold payment of amounts due to the Affiliate if any violation of the above restrictions is verified.

Article 12 - Intellectual Property

The User acknowledges that Instant Gaming and its licensors own the intellectual property rights in the Site and any Instant Gaming printed inventory, and that the whole or partial reproduction of such content and material without Instant Gaming 's prior written consent is strictly prohibited.

Article 13 - Data Protection

12.1 Instant Gaming is a data controller under Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong). Therefore, Instant Gaming may keep and use personal details of the User and its employees for the purposes of entering into transactions with the User. Moreover, Instant Gaming may share such data with organisations working on behalf of Instant Gaming anywhere in the world (for example, credit reference agencies, mailing houses and call centres) for Order servicing purposes and Instant Gaming's obligations under these Terms of Sale. Please see Instant Gaming Privacy Policy on the Site for full details.

Article 14 – Governing Law & Jurisdiction

13.1 The contract between Instant Gaming and the User or Purchasing User based on these Terms of Sale as applicable to each Order via the Site and shall be governed by and interpreted in accordance with the laws of Hong Kong and the User or Purchasing User submits to the non-exclusive jurisdiction of the Hong Kong courts, without this, however, limiting Instant Gaming’s ability to enforce the Contract in any court of competent jurisdiction.

13.2 If any provision of these Terms of Sale is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Terms of Sale and the remainder of such provision shall continue in full force and effect.

INSTANT GAMING LIMITED
Suite 2611, Langham Place Office Tower
8 Argyle Street Mongkok - Hong Kong
Registration number 1808100