TERMS OF SERVICE

1.Introduction

P2Gamer is a Player to Gamer Trading platform that allows all users to offer, trading game-related items currency, account, etc within P2Gamer.com. As a Platform, P2Gamer does not own or sell the items listed on this site. The actual contract for sale is directly between Buyers and Sellers. While P2Gamer may help to facilitate the resolution of disputes between Buyers and Sellers, P2Gamer has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Users’content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Acceptance of the Agreement – By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site. Before you continue, you should print off or save a local copy of this Agreement for your records.

Amendments – P2Gamer may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by P2Gamer of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of P2Gamer.

By registering an account with P2Gamer, you acknowledge and accept that your usage of the Website shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by P2Gamer at any time or from time to time at its absolute discretion.

2.Definitions

Registered user- All User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, fax number, email address, etc.) is a registered user (“Registered User”) as Well as Buyer (“Buyer”) on P2Gamer. Any registered user could apply as Seller(“Seller/Vendor”) with a step of approval by P2Gamer admin team

Third-Party content – P2Gamer may content Third-party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights which violate any agreement, please contact P2Gamer admin for removal.

Removal of Material – P2Gamer reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject P2Gamer to liability, violates this Agreement, or is otherwise deemed inappropriate.

Transaction Risks – The risks assumed by Users when using the Site or conducting transactions are deemed “Transaction Risks.” Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to:

  1. Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract.
  2. Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants
  3. Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

3.Representations and Warranties

Each time when you access the Website (or any of them), 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 Website 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 email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
  • you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
  • save as otherwise permitted by P2Gamer, you shall not, directly or indirectly, use the Services for any commercial purposes;
  • you shall not use the Website or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties;
  • you shall not use any Third-Party content belonging to  any publishers listed on the Website, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of P2Gamer; and
  • 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 P2Gamer.
  • you shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the Website

4.Use of Services

  • You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the 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 (or any of them)
  • It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that P2Gamer may issue from time to time. P2Gamer 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 your Account. Any notification or confirmation received by P2Gamer from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
  • P2Gamer shall not be liable for acting on the notification or confirmation sent through your Account. P2Gamer shall not be obliged to investigate the authenticity or authority of persons affecting 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 by P2Gamer notwithstanding any error, fraud, forgery, and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify P2Gamer upon receipt of incomplete, garbled or inaccurate data or information from P2Gamer. You shall also immediately notify P2Gamer 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 P2Gamer may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice.
  • Unless otherwise permitted by P2Gamerin writing, you shall not upload, post, email 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, email, 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 P2Gamer to send to your Account updates on services and events offered or provided by P2Gamer.

5. Transactions between Buyers and Sellers

General. P2Gamer provides an electronic web-based platform for exchanging information between buyers (“Buyer”) and the seller (“Seller/vendor”) of products and services.

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

P2Gamer does not represent the Seller or the Buyer in specific transactions, nor does P2Gamer act as an agent for either Seller or Buyer. P2Gamer does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. P2Gamer uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, P2Gamer cannot and does not confirm each User’s purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that P2Gamer shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

Taxes. Users have own responsible for paying all sales and use taxes and all other taxes arising from their use of the Site.

6.Refund and Disputes between Users

P2Gamer is a middleman between Users.

All sales are final at P2Gamer and refund will not be given unless the item received is not working or as described. In this case, buyers will be covered under P2Guard.

Buyers must only confirm the receipt of your order after you have verified the item received is as described in the product listing and in working condition. Confirming the receipt of your order indicate that you are satisfied with your purchase and finalizing the transaction, after which the payment will be released to the seller. The buyer shall be deemed to have accepted the purchased Goods and/or Services if no claim, issues and/or complaints are raised or made by the relevant Buyer to P2Gamer within seventy-two (72) hours upon delivery of the purchased Goods and/or Services.

If the Buyer confirms an order received on the order page, No Refund will be issued.

If Seller confirms full delivery and Buyer does not confirm the order, Order will be automatically set as Buyer confirm an order received after 3 day.No Refund will be issued.

Seller confirms full delivery with evidence

P2Gamer reserves the right to issue refunds at our sole discretion during disputes. While we make no representations or warranties that these digital products will meet with individual Purchaser tastes or expectations, if the product is found to be less than what you expected, you may apply for a Cancellation refund.

As Refund policy, digital products can not be refunded if it has been fully delivered.

However, We may review conversation on P2Gamer.com, evidence of delivery or user’s history for judgment during disputes.

before starting the dispute process, we suggest you contact the seller (“Seller/vendor”) for requesting a partial refund or full refund of your orders.

Obligation to Reimburse. If a Seller is required to reimburse the Buyer or P2Gamer, the Seller authorizes P2Gamer to remove the reimbursement amount (in the same or other currency) from their designated payment method (i.e. PayPal) on P2Gamer. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes P2Gamer to charge any reimbursement amount owed to the payment method on file. P2Gamer may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide P2Gamer with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

 

7. Payment

  • You may pay for the Services in such currency that is available on the Website in accordance with the prevailing exchange rate determined by P2Gamer 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 (or any of them) through the Account.
  • P2Gamer shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
  • P2Gamer shall be entitled to vary or modify or remove the modes of payment available on the Website (or any of them) at any time without prior notice to you.
  • All payments must be verified by our P2Guard system for approval before making any delivery. However, Delivery without approval from P2Guard will be under user own risk.

8. Sale of Items

You may list and sell your items on the Website in accordance with the procedures set out herein. Prior to you listing your Items on the Website, you must submit to P2Gamer, your verified telephone number, email address and other information for approval.

P2Gamer may at its absolute discretion:

  1. remove or suspend, without any notice to you, any of the items listed by you.
    2. Categories you into the relevant group of sellers based on P2Gamer’ criteria; and
    3. determine the range of prices for each item listed on the Website.

By listing the Items on the Website, you have acknowledged and confirmed that:

you are the legal and beneficial owner of the Items; and that you have permission to the usages of any pictures that you have uploaded.
2. you have the right to list and sell the Items;
3. you are able and ready to transfer title and interest in the Items to the Buyer as and when the Buyer makes payment to P2Gamer;
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/or pictures and you have not infringed any third-party intellectual property rights.

  • You acknowledge and agree that P2Gamer is merely acting as a provider of the Website which enables you to use the Services. P2Gamer 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 Buyer to pay the price of the Purchased Item and the amount of such payment.
  • You shall resolve directly with the Buyer, any claims or complaints made by the Buyer 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 Buyer upon our notification to you that the Buyer had paid to us, the purchase price of the Purchased Item. Such delivery of Purchased Item shall be in accordance with P2Gamer’s delivery procedures. In amplification, all communication tools provided by P2Gamer are strictly for performing the delivery of the Purchased Item to the Buyer. You are not permitted to use such communication tools for any other purposes.
  • You shall indemnify and keep P2Gamer indemnified in respect of loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained or incurred by P2Gamer as a result of a breach of warranties or representations or any terms and conditions of these Terms of Service by you or your failure to perform any of your obligations under these Terms of Service.
  • You hereby irrevocably and unconditionally authorize P2Gamer to forward your contact information to the relevant Buyer upon the Buyer’s payment of the Purchased Item with us.
  • Upon P2Gamer’ satisfactory receipt of the requisite documents and confirmation from you as evidence that you had delivered the Purchased Items to the Buyer in accordance with P2Gamer’ delivery procedures, P2Gamer will credit the purchase price of such delivered Purchased Items into the Account in the form of Store Credit, after deducting the handling costs and fees due and payable by you to P2Gamer for such delivered Purchased Items Provided Always that P2Gamer has not received any notice of dispute from the Buyer. In this respect, you hereby irrevocably and unconditionally agree and authorize P2Gamer 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 P2Gamer to the Account shall be in accordance with the time frame and cut-off time determined by P2Gamer, subject to such variation or modification as P2Gamer shall in its absolute discretion determine from time to time.
  • If you fail to resolve a dispute with the Buyer pursuant to, and such dispute is referred to P2Gamer for resolution (“Referred Dispute”), you hereby irrevocably and unconditionally authorize P2Gamer to make a final decision at its absolute discretion.

 

If P2Gamer resolves the Referred Dispute:

  1. in favor of the Buyer, then, you hereby unconditionally and irrevocably authorize P2Gamer to refund to the Buyer all payments made by the Buyer in respect of the Purchased Items forming the subject-matter of the Referred Dispute as known as “reimbursement”. You shall bear all costs and fees incurred by P2Gamer in making such refund to the Buyer; or
    in your favor, P2Gamer shall then 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 P2Gamer in resolving the Referred Dispute.
  2. the Seller authorizes P2Gamer to remove the reimbursement amount (in the same or other currency) from their designated payment method (i.e. PayPal) on P2Gamer. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes P2Gamer to charge any reimbursement amount owed to the payment method on file. P2Gamer may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide P2Gamer with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
  • In the event that you wish to withdraw the purchase price of the Purchased Items from the Account, you are then required to submit to P2Gamer, a copy of your identity card or passport which must be matched with your payment method.

9. Availability of Services

  • 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 P2Gamer. P2Gamer makes no warranty that the Services will be available at the times stated herein.
  • Unless otherwise provided in these Terms of Service, P2Gamer shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
  • Notwithstanding any provisions to the contrary in these Terms of Service, P2Gamer shall be entitled to
  • immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or impose conditions or restrictions on your use of the Service without notice.
  • In addition to and not in derogation of, if you do not utilize the Services for a continuous period of three (3) months, P2Gamer may, at its absolute discretion, charge a fee for the maintenance of your Account.

10. User Account

  • You shall immediately notify P2Gamer 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 P2Gamer of your notification

11. Disclosure of Information

  • P2Gamer shall be entitled and you irrevocably and unconditionally consents and authorizes P2Gamer 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 P2Gamer may at its absolute discretion deem fit to:
  1. such persons as P2Gamer 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 P2Gamer deems fit.
  • P2Gamer will not disclose your personal information to any other party without prior notification to you.

12. Applicable Laws and Regulations

  • Your use of the Services shall be governed by the jurisdiction where the contracting entity of P2Gamer is domiciled.
  • Where required, you shall obtain the approval or 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 P2Gamer and its related corporations harmless from and against any and all suits, actions, judgement, 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 this Clause 16.

13. Suspension, Termination, Cancellation of Services

  • The Services (or any part thereof) may be canceled by P2Gamer at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as P2Gamer may at its absolute discretion determine.
  • P2Gamer reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that P2Gamer may at its absolute discretion determine.
  • Upon cancellation or termination of the Services (or any part thereof):
  1. all rights granted to you hereunder shall immediately terminate and shall revert to P2Gamer;
    2. you shall immediately pay to P2Game all outstanding fees and charges due and owing to P2Gamer;
    3. P2Gamer may at its absolute discretion, decide not to act on any request received by P2Gamer after the effective date of termination;
    4. P2Gamer may at its absolute discretion, decide not to act on any confirmation or request received by P2Gamer between the date of the notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
    5. you hereby irrevocably and unconditionally authorizes P2Gamer to deduct all money due and owing by you to P2Gamer (if any) from the money that is payable by P2Gamer to you in respect of the delivered Purchased Items.

14. Notices

  • All notices and documents required to be given by you under these Terms of Service to P2Gamershall be sent to P2Gamer by registered post to the P2Gamer’s address listed on the Website. Any notice or document sent by you to P2Gamer shall be deemed served when such notice or document is received by P2Gamer.
  • All notices and documents required to be given by P2Gamer under these Terms of Service to you shall be sent to you by anyone of the following methods:
  1. electronic mail to your last known electronic mail address according to P2Gamer’ records;
    2. posting the notice or communication on the Website;
    3. notices placed with or in any of P2Gamer’ written communications to you;
    4. notices placed through any media; or
    5. any manner of notification as P2Gamer may at its absolute discretion determine.
  • Any notice or document or communication is given by P2Gamerto you shall be deemed to be served and received by you on the day following the sending of such notice or document.

15. Waiver And Severance

  • Any failure by P2Gamer to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
  • In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable P2Gamer shall amend that provision in such reasonable manner as would achieve the intention of P2Gamer or at the discretion of P2Gamer it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.

16. Variation

  • These Terms of Service may be modified, added to, deleted or varied by P2Gamer by way of posting on the Website or in any such other manner as P2Gamer may in its absolute discretion determine.
  • You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).

17. Assignment

You may not assign its rights under these Terms of Service without the prior written consent of P2Gamer.

18. Binding Effect

These Terms of Service shall be binding on your personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.

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