TERMS & CONDITIONS
THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.
LAST UPDATED: MARCH 30TH, 2021
R& R Exclusive inc. I code wholesale (ICW) 4774 Park Granada #9224 Calabasas CA, USA 91372
company registration number (C3511609)
," and "our
") provides an online marketplace for the resale of certain Game Card in the United States (the "Services
"), which includes and is accessible via (1) our website published at https://icodeswholesale.com
and all of our other websites to which these Terms are posted (collectively, the "Website
"); and (2) any services, content, and features made available by us through the Website. Your access to and use of the Services are subject at all times to these Terms of Services (these "Terms
" and "your
" refer to any user of the Services.
1. Your Acceptance of these Terms
By accessing or using the Services in any way or by clicking to agree to these Terms when that option is made available to you, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, do not access or use the Services. If your access to or use of the Services is prohibited by applicable law, you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law.
2. changes to these terms
We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities. We may also revise these Terms from time to time at our sole discretion, subject to applicable law. When we revise these Terms, we will post a revised version on the Website. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access to and use of the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.
3. Additional Terms
In connection with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions imposed by us ("Additional Terms"), which are hereby incorporated by reference into these Terms. To the extent of any inconsistency between these Terms and any Additional Terms, the Additional Terms will control, unless otherwise expressly provided by us.
There are currently no fees for the Services, but we reserve the right to charge fees for the Services in the future. We will notify you before charging any fees for the Services by notifying you electronically, by posting such fees on the Website, as applicable, or by any other method permitted by applicable law. If you continue using the Services after such notice, you must pay all applicable fees for the Services.
4.OUR GAME CARD SERVICES
(a) Certain Requirements
You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. You must notify us immediately at [email protected]
if you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account.
(b) Buying Game Card
Subject to these Terms and our approval, you ("Buyer") may purchase certain Game Cards through the Services with a credit card, debit card, or such other payment method approved by us. When Buyer purchases an electronic Game Card through the Services, we will email the electronic Game Card to the email account designated by Buyer. When Buyer purchases a physical Game Card, we will mail it to the address designated by Buyer. We may charge a shipping and handling fee to mail physical Game Card and, if so, will disclose such fee prior to any applicable Game Card sale. We are not responsible for any Game Card used without your permission or for any lost or stolen Game Card. Risk of loss and title to Game Card purchased by Buyer through the Services passes to Buyer or the Buyer's designated recipient, as applicable, upon the electronic transmission of the Game Card to the email address provided to us or delivery of the Game Card to the shipping carrier, as applicable. We are not liable for any delivery failures for Game Card.
Buyer acknowledges and agrees that: (i) Game Card are issued by third parties (each, a "Merchant") and are not issued by (ICW) (ii) the use and redemption of a Game Card are subject to certain terms and conditions (which may include expiration dates, limitations, and fees) established by the applicable Merchant; and (iii) we are not responsible, and have no liability, for (1) the terms and conditions of Game Card; (2) any products and services that are acquired with Game Card; (3) any unused Game Card balances in the event the applicable Merchant goes out of business, files for bankruptcy, or otherwise fails to honor Game Card; or (4) any other claims or disputes with any Merchants. If you have any questions about a Game Card, you must contact the applicable Merchant. Terms and conditions for certain Game Card may be available on the applicable Merchant's website. We may make certain terms and conditions for Game Card available through the Services solely for your convenience.
(c) Selling Game Card
Subject to these Terms and our approval, you ("Seller") may sell certain Game Card to us through the Services. Once Seller agrees to sell a Game Card to us through the Services, Seller must not take any action that reduces the value or available balance of the Game Card. If requested by us, Seller must mail any physical Game Card to us pursuant to our instructions. Seller remains responsible for a Game Card until we receive it. We are not liable for any delivery failures for Game Card. Upon our confirmation of a Game Card's balance and receipt of the physical Game Card, if applicable, we will pay the purchase price to Seller via check, electronic fund transfer to an account designated by Seller, or such other payment method agreed upon by us and Seller. In consideration of our payment of a Game Card's purchase price, Seller agrees to irrevocably sell, assign, transfer, convey, and deliver to us, our successors, and assigns forever, as absolute owners, without any restrictions, and in accordance with the procedures detailed herein, all of Seller's right, title, and interest in and to the Game Card.
For each Game Card sold by Seller to us through the Services, Seller represents and warrants that: (i) all Game Card information, including, but not limited to, balance information, provided through the Services is true, accurate, current, and complete; (ii) Seller has good, valid, marketable, and lawful title, free of any liens or other encumbrances, to the Game Card; (iii) Seller has the unrestricted authority to sell, assign, transfer, convey, and deliver the Game Card to us; (iv) Seller has sole control of the Game Card and has not transferred or otherwise made the Game Card available to anyone, and (v) Seller has not retained a way to redeem the Game Card after the completion of the sale of the Game Card to us.
Seller is solely liable for any damages resulting from any untrue, inaccurate, or incomplete information provided by Seller about a Game Card, including, but not limited to, inaccurate balance information, and from any use of a Game Card after Seller agrees to sell a Game Card to us through the Services. In the event that a Merchant refuses to honor a Game Card because ownership of the Game Card was transferred, the Seller is liable for the entire amount of the purchase price that was paid to Seller for the Game Card.
(d) Additional Representations and Requirements
In addition to the other representations and warranties in these Terms, you represent and warrant that: (i) your purchases and sales of Game Card through the Services comply with applicable law; and (ii) you will not use the Services to engage in any illegal, fraudulent, or other illicit activity. We may limit the number and amount of Game Card that you may purchase and sell through the Services from time to time without notice or liability to you. In connection with a purchase or sale of a Game Card through the Services, you must provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your payment method information. Upon our request and without further consideration, you must promptly execute, acknowledge, and deliver all such other instruments and documents and take all such other actions required to consummate any purchase or sale of Game Card through the Services.
5. Ownership and Proprietary Rights in the Services
All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to (ICW) and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROTECTED BY APPLICABLE COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. ALL WORDS AND LOGOS DISPLAYED IN CONNECTION WITH THE SERVICES THAT ARE MARKED BY THE ™ OR ® SYMBOLS ARE TRADEMARKS AND SERVICE MARKS OF (ICW) AND/OR THEIR RESPECTIVE OWNERS. THE DISPLAY OF A THIRD-PARTY TRADEMARK IN CONNECTION WITH THE SERVICES DOES NOT MEAN THAT WE HAVE ANY RELATIONSHIP WITH THAT THIRD PARTY OR THAT SUCH THIRD-PARTY ENDORSES THE SERVICES OR (ICW).
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services to a third party; (e) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (f) remove or obscure any proprietary or other notices contained in the Services; or (g) use the Services for any illegal or unauthorized purpose. We may, but are not obligated to, monitor your use of the Services.
By submitting or providing materials, suggestions, ideas, data, and other content to us ("Feedback"), you hereby grant us a royalty-free, worldwide, perpetual, non-exclusive, unrestricted, irrevocable, transferable, and sub-licensable right and license to modify, copy, reproduce, distribute, sell, publicly display, transmit, delete, make derivative works from, store, and otherwise exploit Feedback and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your Feedback, and you hereby completely and irrevocably waive any moral or similar rights you may have in your Feedback, even if such Feedback is altered or changed in a manner not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms.
7. Restrictions on Use
Without limiting any of the other terms of these Terms and except as otherwise expressly permitted by us, you may not: (a) access or use any part of the Services for any commercial purpose; (b) access or use the Services for any illegal purpose; (c) attempt to gain unauthorized access to any other user's Account; (d) modify or attempt to modify or in any way tamper with the Services; (e) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (f) interfere with or disrupt networks connected to the Services or violate the regulations, policies, or procedures of such networks.
8. Payment Terms
By providing payment method information to us, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments with the payment method, and (c) such action does not violate the terms and conditions applicable to your use of such payment method or applicable law. When you authorize a payment in connection with the Services, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the designated payment method.
9. Third-Party Links
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS to AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, including the Game Card, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, and WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, statutory, or otherwise, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE GAME CARD AND ANY OTHER PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS Of IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATIONs OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, we, our AFFILIATES, and our OR THEIR respective EMPLOYEES, OFFICERS, DIRECTORS, and agents will not BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR access to or USE of THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE through THE SERVICES, INCLUDING, but not limited to, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING and TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE through THE SERVICES, THE COLLECTIVE LIABILITY OF (ICW) , our AFFILIATES, AND our AND their respective EMPLOYEES, OFFICERS, DIRECTORS, and AGENTS, (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR any SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE limitations in this section do NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We will send all notices and other communications regarding the Services to you at the email address or physical address you provided for your Account, as may be updated by you from time to time. You will be considered to have received a notice from us regarding the Services when we send it to the email address or physical address we have in our records for you or when we post such notice on the Website.
Except as otherwise provided in these Terms, all notices to us that are intended to have a legal effect must be in writing and delivered either: by a means evidenced by a delivery receipt, to the following address: 4774 Park Granada #9224 Calabasas CA 91372. All such notices are deemed effective upon documented receipt by us.
These Terms are governed by the laws of the State of California, without giving effect to any principle that provides for the application of the law of another jurisdiction.
DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. In the event of any such controversy, dispute, demand, claim, or cause of action, the complaining party must notify the other party in writing thereof. Within 30 days of such notice, you and we agree to use reasonable efforts to attempt to resolve the dispute in good faith. If you and we do not resolve the dispute within 30 days after such notice, the complaining party may seek remedies exclusively through arbitration. Except as otherwise expressly provided by applicable law, the demand for arbitration must be made within a reasonable time after the controversy, dispute, demand, claim, or cause of action in question arose, and in any event within two years after the complaining party knew or should have known of the controversy, dispute, demand, claim, or cause of action.
The arbitration will take place in the federal judicial district of your residence. As used in this Section, "we" and "us" mean (ICW) and its subsidiaries, affiliates, predecessors, successors, and assigns and all of our and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
The arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association ("AAA") with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively, the "Rules and Procedures").
You should review this section carefully. To the maximum extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence or as otherwise provided in the Rules and Procedures within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding the agreement to arbitrate included in this Section, you and we may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and you and we hereby agree to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators' decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS; MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) we will pay as much of your filing and hearing fees in connection with the arbitration as required by the Rules and Procedures and/or as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this Section is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this Section will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this Section will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a controversy, dispute, demand, claim, or cause of action proceeds in court rather than in arbitration, the controversy, dispute, demand, claim, or cause of action will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
If you wish to opt-out of the agreement to arbitrate included in this Section, you must notify us of your election in writing within 30 days of the date that you first became subject to these Terms, or within 30 days of the effective date of any material change to these Terms, by sending a written notice to us by certified mail at the following address: (ICW) 4774 Park Granada #9224 Calabasas CA 91372. Your opt-out notice must include your name, address, phone number, and email address.
For more information on the AAA, the Rules and Procedures, and the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS OR THE SERVICES, PLEASE CONTACT US AT [email protected]
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.
Adjustments – means any and all refunds, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the Seller or Selling User and/or from ICW as a result of the Seller’s or Selling User’s breach of these Terms and Conditions, law or any Intermediate Body Scheme Rules (which are applicable to given Seller or Selling User).
Ticket/ claim – assuming the meaning given to https://icodeswholesale.com/terms-conditions
consumer – means any User, who is a natural person and who acts in these Terms and Conditions for purposes, which are outside his/her trade, business, craft, or profession.
Durable Medium – any instrument which enables the User or the Seller or ICW to store information addressed personally to him in a way accessible for future reference for a period adequate for the purpose of the information and which allows the unchanged reproduction of the information.
Digital Delivery - performance of the service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely transmitted, received, or transmitted via telecommunications network.
THE SELLER’S LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the Seller’s liability about any matter for which it would be unlawful to limit under the applicable laws or exclude the Seller’s liability.
Agreement on rendering Electronic services – the agreement concluded between ICW and User, Seller or Selling User by the acceptance of these Terms and Conditions.
Register in California USA.
4774 Park Granada #9224 Calabasas CA 91372
means a personalized electronic payment instrument where are accumulated funds (balance) by the Seller or Selling User and is used to make or receive payments and/or pay-outs at the Seller’s or Selling User’ discretion.
ICW Gift CODE
means an institution which participates in the transfer of payment between the User to the Seller or Selling User due to purchase of digital products, Physical Products or services offered on the Site, in particular banks, settlement agents, entities operating payment systems, card organizations, electronic money institutions, payment service provider, or financial institution.
Intermediate Body Scheme Rules - means all current and future bylaws, rules, regulations, interpretations, and other guidelines promulgated by any Intermediate Body from time to time.
means any fine or amount (including any associated costs) which may be levied on ICW and/or the Seller or Selling User by an Intermediate Body due to breach or violation of Intermediate Body Scheme Rules referred to and/or connected to a prior sales transaction.
Physical Products – any tangible movable item (including Custom Physical Products and excluding digital items) being sold by a Seller (not a Selling User) through the Site.
Privacy and Cookies Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by ICW. Privacy and Cookies Policy constitutes a separate document.
an entrepreneur operating in any form who sells its goods or services, including digital content or Physical Products, to Users via the Site. The Seller may also purchase goods/products from other Sellers via the Site.
Sales contract - means any contract under which the Seller transfers or undertakes to transfer the ownership of Physical Products to the User and the User pays or undertakes to pay the price thereof, including any contract having as its object both Physical Products and Services.
a natural person, who is not an entrepreneur, selling via the Site and being the owner of game activation codes in the digital form.
a service described https://icodeswholesale.com/selling-policy/
Terms and Conditions
these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and ICW.
User – any person buying a Product from a Seller or Selling User by using any of the Site’s functionalities and/or who has registered on the Site.
All provisions of these Terms and Conditions concerning the User apply also to the Selling User, whereas all provisions concerning the Selling User apply only to the Selling User. The User may (but does not have to) possess the status of the Selling User at the same time. Every Selling User possesses the status of the User at the same time.
1. Applicability and Acceptance of the Terms and Conditions
1.1. The User and the Seller hereby agree to and accept these Terms and Conditions and the Privacy and Cookies Policy as a whole and without reservations. Any User willing to participate in the Goldmine Marketing Program is obliged to accept separate regulations available at the following address: https://icodeswholesale.com/terms-conditions/. Acceptance of these Terms and Conditions is a condition of rendering Services.
1.2. Users unable to conclude a legally binding agreement with ICW, with Selling Users or with Sellers and those who are prohibited from using the services due to the regulations of the State or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Site. The User hereby confirms that he or she is at least eighteen (18) years old (or has reached another age which considering his or her domestic law entitles the User to conclude legally binding agreements), has full capacity to take legal actions and agrees to these Terms and Conditions. Should the User act for and on behalf of a third party is a legal person, a so-called non-corporate legal entity, etc. – he or she hereby asserts ICW that they are authorized to commit, enter obligations, and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.
1.3. The Seller hereby confirms that it is an entrepreneur and accepts these Terms and Conditions. Where the Seller uses the Site for and on behalf of a third party being a legal person, a so-called non-corporate legal entity etc. – hereby asserts ICW that he or she is authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such Seller is of the same effect as if they were accepted by such third party. The Seller states that there are no factual or legal grounds preventing him from the conclusion of this agreement with ICW and the Users through the Site aimed at sales of products and services to the Users.
1.4. ICW reserves the right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular (i) a change in the scope of economic activity carried out by ICW, (ii) the need to adjust the provisions of these Terms and Conditions to the applicable law, including case law of common courts or new resolutions, decisions, recommendations or other acts issued by the authorities authorized to issue binding regulations, (iii) in order to ensure proper functioning of the Site, (iv) introducing new products or services offered by ICW or by Sellers, Selling Users, (v) modifying the functionality of products, services or service delivery methods due to technological considerations, (vi) and to ensure the safety and security of the Users, Sellers, Selling Users, (vii) changes in the amount of fees and commission charged by ICW due to ICW economics’ decision, or (viii) in order to preventing abuse or crime.
In this case, ICW shall inform the Users, Sellers, Selling Users of the changes, by sending them a copy of the amendments on the durable medium, (for example via e-mail) and a revised version of the Terms and Conditions, no later than fifteen (15) days prior entry into force to the planned amendments.
If the Users, Sellers, Selling Users does not accept the providing amendments to these Terms and Conditions, he or she shall have the right to terminate the Terms and Conditions concluded with ICW before the expiry of the notice period. Such termination shall take effect within fifteen (15) days from the receipt of the notice.
Without prejudice to the above, ICW may amend the amendments to these Terms and Conditions without the fifteen (15) days period referred to above, with immediate effect, if: (i) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner which does not allow it to respect the aforementioned fifteen (15) days’ notice period, (ii) has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to defending the online intermediation services, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.
1.5. In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail, unless otherwise provided or unless such apparent inconsistency arises out of a difference in legal requirements in a specific country.
1.6. Users or Sellers may conclude with ICW, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and ICW (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions
1.7. When using any services or sending e-mails to ICW, the User and the Seller communicate with ICW electronically. ICW communicates with Users and Sellers by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the User, and the Seller consent to receive communications electronically and they agree that all agreements, notices, disclosures, and other communications that ICW electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
1.8. As part of the Site – within the scope of agreements concluded between the Seller and the User or between the Selling User and the User – ICW provides the Service consisting exclusively of regular transfer, caching, and hosting services (specified below in letters a), b) and c)). To such extent, ICW renders the Service based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users and Sellers:
a) ICW, at the instruction of Seller or Selling User, enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that ICW:
i. is not the initiator of the data transfer,
ii. does not choose the recipient of the data transfer,
iii. does not choose nor modify the information contained in the transfer.
Within this scope, ICW may conduct automatic and short-lasting, indirect storage of the transmitted data solely for the purpose of conducting transmission, whereas the data shall not be stored any longer than necessary in regular conditions to perform transmission.
b) ICW enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that ICW:
i. does not modify the data,
ii. uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,
iii. does not disturb the use of IT techniques.
c) ICW makes available computerized system’s resources aimed at storage of data by Users and Sellers.
1.9 ICW provides Users, Sellers, and Selling Users the following Electronic services:
a) digital trading platform to exchange information on products and services
c) the possibility of establishing, presenting, and completing transactions between Users, Sellers, and Selling Users via electronic means, including the sales of game activation codes, services, and Physical Products
d) specific assistance and administration services to Sellers, Selling Users and Users. ICW is neither a party of the agreement between the User and the Seller, nor between the Selling User and the User, nor between Sellers, nor between Selling Users e. presenting to Users, Sellers and Selling Users with advertising content tailored to their interests
g) ICW API
h) Money Back Guarantee
i) ICW seller account
j) ICW Price Match
k) ICW Coins and ICW Gift Card
l) enabling viewing of content placed as part of the Site.
Under the law, ICW is required to provide the Electronic services referred to above in accordance with these Terms and Conditions and the applicable law.
1.10. Notwithstanding the provisions above, ICW also sells its own products and services through the Site, where it is explicitly provided.
1.11. The technical requirement for the use of the Site by the User and the Seller is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.
1.12. For the correct performance of some of the Site’s functionalities it may be necessary for the User or the Seller to enable Java, Java Script, Flash support etc.
1.15. The User is obliged to the prohibition on abuse of electronic means of communication and to provide the following content to ICW IT systems:
a) causing work disturbance or overloading of IT systems,
b) incompatible with universally applicable law,
c) violating third party rights, including copyright, intellectual property rights or personal rights,
d) provide unlawful content.
1.16. Minimum technical requirements necessary for cooperation with ICT system uses by ICW:
a) access to e-mail
Mozilla Firefox 65 or newer
Microsoft Edge 79 or newer
Opera 58 or newer Safari 12 or newer
Google Chrome 72 or newer
1.17. ICW informs in the form chosen by the User about any special risks associated with the use of an Electronic service.
1.18. ICW acts as an intermediary in concluding contracts and provides Services set forth in section 1.9 above. ICW does not allow the Seller to provide services identical to those listed in section 1.9 above.
2. Service Fees-commission
https://icodeswholesale.com/selling-policy/, ICW collects its commission or other possible fees (if such are due) from the prices determined by the Seller or the Selling User in relation to each transaction. All commissions and other fees which the Seller or the Selling User are obliged to pay in connection with listing of the auction on the Site are presented during the creation auction process.
2.1. Joining the Site and buying items on sale through the Site is free of charge for the Users. The Users are charged only for the use of selected payment channels or for payments and commissions due to ICW. The amount charged is listed on the payment selection page. ICW shall collect its commission from each sale price of a given product specified by the Seller or the Selling User. The terms and conditions for making and receiving payments and relevant charges have been provided in the ICW Pay Terms and Conditions which can be accessed via the following link: https://icodeswholesale.com/terms-conditions/. ICW charges a fee for putting a product on sale via the Site. The fees and commissions are specified in the “Table of fees and commissions
” annexed to these Terms and Conditions.
2.2. To the amount of the commission referred to in https://icodeswholesale.com/selling-policy/. ICW may add the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union which relates to obligations related to Value Added Tax in conformity with Community Law, with those referred to in paragraph 1.13.
The Selling User and the Seller gives his/hers consent to ICW for adding to the price referred to in point 2.1. the amount of Value Added Tax or similar tax valid at the place of residence, headquarter or place of habitual residence of the User who does not run a business activity. The aforesaid consent relates to obligations of ICW in relation to Value Added Tax or similar taxes. In the present case, the amount of the commission collected by ICW shall be calculated on the amount of the selling price without including the amount of Value Added Tax.
2.3. The prices specified for products or services supplied by ICW – in accordance with point 2.1 above – do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. ICW reserves its right to temporarily suspend the Service Fees for promotional purposes (e.g., free bidding days) or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.
2.4. All fees for ICW services are denominated in USD, if other currencies are to be applied, changes will be communicated. The User and the Seller are solely responsible for paying fees and taxes relating to his/her use of the services available on the Site on time. The User and the Seller are particularly responsible for paying due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own. ICW in any case is not responsible for settling above fees and taxes. If certain payment method shall fail or an invoice is overdue, ICW reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.
2.5. The User and the Seller should sign into access and use the Site and all its functionalities.
2.6. Services (or any other functionalities 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. ICW may restrict, decline, or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.
2.7. ICW does not authorize delivery of products sold by the Sellers or Selling Users and is not responsible for and does not authorize payments for services provided/products delivered via Site by Sellers or Selling Users. Selling Users or Sellers and Users may choose to conclude payment with various payment solutions available on the Site, such as PayPal, Skrill, Payssion and others and others or outside the Site. All the payment solutions are described within the Site.
2.8. Any User (or Seller) demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, ICW shall not be liable against the Users (or Sellers) for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User/Seller shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to ICW fault, the User shall inform ICW thereof by sending an e-mail to the address: [email protected]
2.9. ICW processes personal data in the scope necessary to entering into and performing Service or Sale contract such as: name, surname, correspondence address, e-mail, ID card number. Specific rules including grounds, rights relating to personal data processing are included in Privacy and Cookies Policy which constitute a separate document.
2.10. The User and the Seller assert that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources.
2.11. The User asserts that he/she is not a VAT taxpayer. When the User becomes or already is the VAT taxpayer, he/she is obliged to provide all the data required to issue a VAT invoice. Such an invoice may be sent to the User’s email address or delivered with other electronic means.
2.12. The Sellers/Selling Users agree and acknowledge that:
a) They are the seller and supplier of the products and this fact will also be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill or sales receipt;
b) they will set the general terms and conditions of the sales made to the Users;
c) they will authorize the relevant charge to the Users and the delivery of the products; and
d) they are solely responsible for paying Value Added Tax - VAT or similar tax liabilities in compliance with the applicable laws resulting from the sales of the products to Users made through the Site.
2.13. Whenever ICW or any entity of the ICW Ecosystem provides services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism.
2.14. The User is aware and hereby acknowledges that placing an order connected with purchase of the digital content, especially game activation codes, from the Seller or the Selling User via the Site may entail an obligation to pay provided that a will to conclude a contract and to charge the User is expressed by the Seller or the Selling User in accordance.
3. Users’ ( Buyer) accounts
3.1. In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration, the User is prompted to supply his or her current email address and username as well as to accept the Terms and Conditions and Cookies Policy. After subscription to the Site, ICW will open an account and assign a password that may then be changed by the User. If it is discovered by ICW that the User utilized an email address that was created by the User with the intent that the email address be in existence for a limited period (e.g., a so-called disposable email address) ICW reserves the right to suspend User’s account. If a User’s account is suspended any balance on said account may be fortified. ICW may, at ICW’s sole discretion, re-activate such an account or assist in transferring funds.
The User who wants to sell his/her products or services via the Site (becoming the status of the Selling User) is obliged to provide in the registration process (or later when completing the account data) i.e., the following data: name, surname, address of residence, phone number, bank account number, VAT (or other tax) identification number, business registration number. Each User shall disclose his/her place of residence (headquarter or place of habitual residence). The Users take note and accept that ICW is in possession of tools to detect the localization of computer network device (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarter or place of habitual residence indicated by the User in the course of registration process and the results of verification made by ICW, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, ICW shall be entitled to refuse to set-up the Account. The User is entitled to set up only one account, unless ICW gives individual permission. For avoidance of doubt, the User will not use VPN connection during the use of Site, unless it is necessary to run a registered business.
3.2. ICW is entitled to verify the data of the User or the Seller by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, ICW may request from natural persons not being entrepreneurs a scan of an identification document, and from natural persons being entrepreneurs, from legal persons, as well as from organization units being the Sellers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorization to represent the natural person or organization unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which ICW requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. ICW may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or User or result in inability to sell the products or services via the Site by the Seller or the Selling User.
3.3. Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.
3.4. Registration on the Site by the User, Seller and/or Selling User is equivalent to the User, Seller and/or Selling User Seller having read, understood and accepted the Terms and Conditions in full, including the Privacy and Cookies Policy, Notwithstanding the above the User, Seller and/or Selling User who has not registered on the Site is also regarded as having accepted the Terms and Conditions and the Privacy and Cookies Policy at the moment he or she chooses to use any of the functionalities of the Site.
3.5. The User, Seller and/or Selling User is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.
3.6. The account is made available to the User by ICW free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world via the Internet network.
3.7. In case of any violation of these Terms and Conditions and the law in force by the User, ICW reserves its right and possibility to block the User’s account.
3.8. Within the scope permitted by law, ICW reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, ICW hereby commits to deal with them as soon as possible.
3.9. The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to ICW, Sellers or other Users. The User is obliged to protect ICW and our partners against losses and damage caused by the use of their account by third parties.
3.10. Accounts are also created for the Sellers. In order to set up his/her account, the Seller is obliged to register by filling in the registration form available on the Site. During registration, the Seller is obliged to provide, first and foremost: name, surname, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number as well as to accept these Terms and Conditions and Privacy and Cookies Policy. After creating an account, ICW shall provide the Seller with the password, which may later be changed by the Seller.
3.11. The Seller is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his account on the Site.
3.12. In case of any violation of these Terms and Conditions and the applicable laws and regulations by the Seller, ICW reserves its right to block the Seller’s account. Provisions 3.8 and 3.9 above are also applicable for the Sellers’ accounts respectively.
3.13. The User and the Seller shall neither use other Users’ and Sellers’ accounts nor make their accounts available to other Users, Sellers or third parties. The above does not apply to the Seller in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the Seller to use the account on the Site ICW may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.
3.14. To the extent permitted by law, ICW assumes no responsibility against the Users and the Sellers, should they violate the provision specified in 3.13 above. The Users and the Sellers assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site.
3.15. The account of the Seller and the Selling User may be blocked if it is noticed that the products put on sale by the Seller, or the Selling User are faulty or had already been used.
3.16. The Users and the Sellers assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, for the actions undertaken on the Site.
The account of the Seller may be blocked if it is noticed that the Physical Products put on sale by the Seller or the are faulty or had already been used or when the Physical Products are Forbidden Physical Products which (described in section 5 below).
4. General Terms and Conditions of Use
4.1. Subject to the other provisions set forth in these Terms and Conditions and their payment of any applicable fees, ICW grants the Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by ICW. This license refers strictly to the functionalities of the Site and does not concern any licenses to digital content, especially game activation codes offered via the Site by Sellers or Selling Users – the licenses to digital content, especially game activation codes may be granted upon discretion of their owners or other authorized persons.
4.2. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by ICW or their owners, licensors, suppliers, publishers, or other authorized persons.
4.3. The users must not misuse the ICW services. The Users may use the ICW services only as permitted by law. Users and Sellers are not allowed to use them to violate the law or third-party rights, in particular any copyright, intellectual property rights or personality rights.
4.4. Any texts, graphic materials, interactive functions, logos, photographs, files, software, and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of ICW. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for ICW. Any trademarks, marks and trade names constitute ICW property. Without explicit consent of ICW, the User nor the Seller must not: 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 Site nor use them otherwise. 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 of ICW. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute Works within the meaning of applicable protection copyright Act. Furthermore, the Works are protected under USA law.
4.5. In order to protect his/her personal data, the User is obliged to read and accept the Terms and Conditions and the information Privacy and Cookies Policy concerning personal data uploaded through the Site and on the partnership websites of ICW. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy and Cookies Policy.
4.6. ICW may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy and Cookies Policy and Terms and Conditions before starting to use such sites. The User is informed that ICW has no control of the websites owned by other providers, nor does ICW monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.
4.7. The User and the Seller hereby confirm and assert that they will not engage in the following:
a) they will not upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties’ rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection).
b) they will not publish any false or misleading information, which may be detrimental to or may expose ICW or third parties to any harm;
c) they will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Sellers or ICW;
d) they will not use the Site for any other purposes than the use of services offered by ICW, other Sellers or Users;
e) they will not circumvent or disable the Site’s security;
f) they will not use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;
g) they will not slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;
h) they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
i) they will not modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
j) they will not in any way deliberately disturb the Site’s activity or disturb other Users or Sellers in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;
k) they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
l) they will not take any actions aimed at discovering access passwords of other Users or Sellers, including any attempts to guess the passwords;
m) they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;
n) they will not upload on the Site any data containing any personal data of third parties;
o) they will not in any way make other Users’ or Sellers’ use of the Site difficult;
p) they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.
4.8. By posting or publishing their own content and materials on the Sites or by distributing them in any other way to ICW or its partners, the User and the Seller, within the scope permitted by law, grants an irrevocable, permanent and free license, to use the said materials in any way and in any place by ICW. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of ICW, currently or in the future. The User acknowledges and warrants to ICW that he/she has sufficient means and rights to ensure such license.
6. Obligations of ICW
6.1. Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller and the Selling User, ICW shall provide every Selling User and Seller with the opportunity to sell the product on the Site.
6.2. Unless otherwise provided by ICW, the Seller and the Selling User may only sell on the Site products in the digital form, i.e., such products which may be downloaded by the Users to their workstations’ hard drive. Such products are not stored on material media carriers.
6.3. The Seller or the Selling User determines the price of products which he/she intends to sell on the Site. Subject to point 2.1 above, ICW collects its commission or other possible fees (if such are due) from the amount of such price. The Users and the Sellers acknowledge and accept the fact that ICW may, as part of Additional Provisions mentioned in 1.6 above, set with a given Selling User or Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments.
6.4. By enabling the product by the Seller or the Selling User on the Site he or she authorizes ICW to present the product on the Site as an invitation to enter into agreement by Users willing to purchase the product at a price determined by this Seller or Selling User. As such it does not constitute a sales offer within the meaning of the civil law. Provided that no User (or other Seller) has expressed the will to enter into agreement of buying the product, the Seller or the Selling User may change the product’s price. In case of the price change, provisions defined in 6.3 above are directly applied. The Seller and the Selling User acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.
6.5. If the User (or the Seller making a purchase) expresses the will to buy a product, he/she acknowledges that the Seller or the Selling User may be entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences chosen by the Seller/Selling User.
6.6. Moreover, the Parties mutually agree that their due payments made by the Users (or Sellers if they have purchased goods from other Sellers) may be paid by these Users (or Sellers) by means of a chosen payment channel (e.g. PayPal, Skrill, payssion and others,) or outside the ICW Ecosystem. For the avoidance of doubt, the Users are not obliged to make the payments solely via methods offered on the Sites; provided however, the Users shall be responsible for ensuring that the payment has been duly and securely made, documented and all information has been communicated with the Seller or Selling User. From the funds collected on its account ICW deducts its due commissions and fees indicated in these Terms and Conditions from the Seller and the Selling User, by making deductions from the funds, whereas the remaining part shall be transferred to the Seller’s or the Selling User’s bank account.
6.7. The commission paid by the Seller or the Selling User to ICW is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other Seller) for products or services purchased from the Seller or the Selling User, would have to be returned by the Seller or the Selling User to the User (or other Seller) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the Seller or the Selling User). Due to the commission being non-returnable, the Seller and the Selling User are not entitled to claim any compensation from ICW and ICW may retain the sums of back commissions, contractual penalties, and compensations costs which the Seller or the Selling User shall cover.
6.8. Notwithstanding provisions stipulated in point 6.7 above, ICW enables Users and Sellers with resolution mechanisms – via Help Desk functionality available on the Site – in order to clarify the reasons for demanding refund by the User. Depending on the conclusions of such resolution, the funds shall be returned by the Seller or the Selling User (including transfer of the funds from the ICW’s bank account to the User, instead of the Seller’s or the Selling User’s bank account) or shall not be returned to the User, who may vindicate his claims against the Seller or the Selling User at court or in any other way.
6.9. Notwithstanding the above, ICW is not entitled to dispose of and manage the funds transferred by the Users/Sellers in relation to purchases of products or services from the Seller or the Selling User.
6.10. The Seller and/or the Selling User give ICW their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller or the Selling User. The Seller and the Selling User are obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. ICW is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab „product details”. However, ICW assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller or the Selling User misinforms ICW regarding the product, its access to a given gaming platform, etc. The Seller and the Selling User hereby entitle ICW to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc.
6.11. ICW shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account.
6.12. In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, an affiliate party ICW. accepts and assumes (together with the Seller) responsibility against the User. ICW assumes responsibility against User in terms of order compliance, correct functioning of the payment and any potential legal faults, customer support functions are performed by ICW. ICW. responsibility concerns solely these products, for which the User pays by means of a credit card. The responsibility described here does not constitute taking over the Seller’s responsibility by ICW. It only concerns participation in this responsibility in the scope mentioned above; which means in particular that the Seller still assumes the responsibility against the User. Participation in the responsibility does not mean that ICW. becomes the owner or co-owner of the product sold by the Seller – the Seller remains the exclusive owner and the supplier of the product being sold.
6.16. ICW is entitled to make the refund in USD currency at its own discretion. ICW reserves the right to refuse to issue a replacement or refund if in ICW’s sole discretion ICW detects that a User has engaged in fraud, deception or abuse of the ICW Shield. Moreover, in the event that detects a User has engaged in fraud, deceit or abuse after the issuance of a refund reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s Balance.
6.17. The time to process User’s refund request depends on the User’s rating and his buying history in ecosystem. The said rating is created by Users. For each transaction, Users can choose to rate each other by leaving a comment. Buyers can leave a positive, negative, or neutral rating, negative or neutral rating plus a short comment. Sellers/Selling Users can leave a positive rating and a short comment.
6.18. Documentation Services and invoice issuance by the Seller
a) Performance of the Service may trigger an obligation by the Seller or Selling User to document them with respective bills (referred to hereinafter as “Documentation”). possesses technical resources necessary to issue Documentation in the name and on behalf of the Seller and Selling User, who hereby agrees to outsource to , the task of issuing Documentation concerning its sales made via the Site.
c) The Seller and Selling User agrees to disclose and provide ICW with all information (including but not limited to personal information such as registered address, VAT registration number, full title etc.) necessary for Documentation purposes. The Seller and Selling User agree that the aforementioned information will be presented on the Documentation made available to Users making purchases from the Seller or Selling User and this information will be presented on the Site.
d) ICW will, when appropriate, issue Documentation (“Documentation Service”) in the name and on behalf of the Seller or Selling User. Such Documentation will be issued and delivered to Users in a digital form using ICW’s platform. Copies of Documentation will be made available to the Seller or Selling User by electronic means. ICW shall exercise due care when performing the Documentation Service, however, ICW does not and will not guarantee Territory-wide compliance with all laws and regulations concerning the Documentation Service. As such, it is the Seller or Selling User’s sole responsibility to ensure that all Documentation complies with all applicable laws.
e) The Seller and Selling User agree that ICW provides Seller and Selling User with the Documentation Service “as is” and ICW makes no representations or warranties whatsoever, express, or implied, whether oral or written, with respect to the Documentation Service, including but not limited to any implied warranties of accuracy or compliance.
f) The Seller and Selling User hereby agree to defend, indemnify and hold harmless ICW, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of the Seller or Selling User or any of their officers or employees, that may occur during or which may arise out of the performance of the Documentation Services. This defense and indemnification obligation set forth in this section will survive termination of these Terms and Conditions.
g) In addition to any limitation stated elsewhere in these Terms and Conditions, the Seller’s or Selling User’s sole remedies for any error, defect or failure in the Documentation Service is the correction of the defect or error.
h) The User is entitled to request the Seller to issue and deliver an invoice relating to the purchase by the User of products or Physical Products via the Site. Pursuant to the applicable law, the Seller is obligated to issue and deliver the requested invoice as soon as possible, however, no longer than the applicable law provides.
i) The Seller agrees and acknowledges that he/she is obligated to issue and deliver an invoice to the User due to the sale of digital products and/or Physical Products via the Site in accordance with applicable law. The said invoice may be delivered by the Seller to the User as a result of uploading it on the Site. The uploaded invoice shall be available to download by the User within 31 (thirty one) days from its upload on ICW servers. If the User does not receipt the invoice with aforesaid period, the invoice shall not be longer available for the User. However, the User is entitled to provide the Seller an invoice request again.
j) If the invoice uploaded on the Site by the Seller regarding the sale of the products or Physical Products is covered by intellectual property rights (like image or trademark), the Seller grants ICW a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to store, host, use, distribute, modify, copy, publicly perform or display, translate, and create derivative works for that invoice.
k) The Seller acknowledges, agrees, and confirms that he/she is aware that ICW shall not be responsible for issuance and delivery of the invoice due to the sale of digital products or Physical Products in accordance with applicable law. The Seller hereby agrees to defend, indemnify and hold harmless ICW, its related companies, and its and their directors, officers, employees, agents and licensees, from and against any claims, allegations, suits, losses, damages, liabilities, costs, settlements and expenses (including reasonable attorneys’ fees) arising from or related to any third party claim, suit or proceeding resulting from an act or failure to act on the part of the Seller or any of its officers or employees, that may occur during or which may arise out due to failure or improper performance of the obligation related to issuance and delivery of an invoice to the User. The defense and indemnification obligation set forth in this section will survive termination of these Terms and Conditions.
l) The Seller is not entitled to demand from ICW any remuneration, fee, or compensation due to fulfill his/her obligation related to issuance and delivery of an invoice to the User regarding the sale of products or Digital Products via the Site, nor reduce of the commission charged by ICW. The Seller is aware that issuance and delivery of an invoice to the User due to the sale of products or Digital Products via the Site is the User obligation required by applicable law.
Privileged User who engages in conduct that ICW determines in its sole discretion is abusive, harmful, objectionable of the Promotional Cashback or violates any of the Terms and Conditions, General Terms or the Privacy and Cookies Policy.
6.21 ICW Gift Card
a) The User is entitled to purchase ICW Gift Cards in order to redeem them on the Site. ICW Gift Cards may be used only to top up balance on the Site in order to purchase eligible digital products and/or services available there.
b) ICW Gift Cards will be redeemed as a whole after entering the code from ICW Gift Cards on the Site.
c) Each ICW Gift Cards, when making purchases through the Site, may have different value which depends on the currency which have been used to purchase it. It means that ICW Gift Cards purchased by means of USD has not the same value as ICW Gift Cards.
d) ICW Gift Cards cannot be resold, transferred for value, or applied to any other account, except to the extent required by law. ICW may limit the number of ICW Gift Cards as a User may purchase within certain periods of time or implement other restrictions on the receipt or use of ICW Gift Cards.
e) The balance tops up upon Site by means of redemption of ICW Gift Card, do not confer any rights to demand interest or other charges in respect of its depositing.
f) A User is not entitled to demand any claims for the reimbursement of a current nominal value of unused on ICW Gift Cards from ICW. ICW Coins and/or ICW Gift Cards are not redeemable for cash or other cards, is not reloadable or refundable and cannot be resold, exchanged, or transferred for value, except as required by law.
g) ICW has the right to block the redemption or use of ICW Gift Cards in the following cases:
expiration ICW Gift Cards;
the occurrence of reasonable objections to revoke ICW Gift Cards, in particular ICW Coins and/or ICW Gift Cards are used in violation of applicable law;
ICW Gift Cards are obtained from an illegal source or in an illegal manner;
an User use the ICW Gift Cards in violation of Terms and Conditions, or applicable law.
h) ICW is not responsible if the unredeemed ICW Gift Cards are lost, stolen, destroyed, or used without the User’s permission.
i) The redeemed balance on the Site may not be used to purchase other ICW Gift Cards.
j) ICW is entitled to establish redemption limitation related to due to AML/CTF policy and/or applied law.
6.22. ICW API
a) The goods and/or services listed on the Site may be sold on the Seller’s external online store where the ICW API was implemented. The ICW API is an application that allows the Seller to integrate the external online store with the Site under which the goods and/or services listed on the Site may be sold on said external online store.
b) In order to implement the ICW API by the Seller on external online store, the Seller is obligated to complete the entire AML/CFT process and provide ICW with the store URL address. During the verification, procedure ICW is entitled to ask the Seller for personal and/or register data, including but not limited to name, surname, nationality, address, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number, and ultimate beneficial owner, etc. The Seller is obligated to offer goods and/or services via the ICW API solely through a website to which the aforesaid URL address was provided to ICW.
c) The transaction between the Seller who implemented the ICW API, and the external buyer is done when ICW receives confirmation from the bank or payment institution’s internal system that funds for sold good and/or service are duly processed and/or the cd-key related to sold good and/or service was downloaded or displayed by the Seller or external buyer.
d) Each time once the external buyer purchases a good and/or service with use of the ICW API on the Seller’s external online store, then the Seller’s ICW Balance is to be immediately charged by the price and other fee which shall be paid for the sold good and/or service on the Site. The Seller who implemented the ICW API on the external online store is required to maintain appropriate and adequate funds level on ICW Balance to meet all external buyers demands for a good and/or service offered on the Site and to pay ICW all and any price and fee. In the event of insufficient funds on the Seller’s ICW Balance, the sale transaction of goods and/or services offered on the Site may be suspended or canceled by ICW. For the avoidance of doubt, ICW is not responsible for collection of any price or fee from external buyer who purchased a good and/or service via external online store where the ICW API was implemented – this obligation is on the Seller’s side.
e) The Seller who implemented the ICW API on the external online store and external buyer who purchased a good and/or service on the external online store where the ICW API was implemented are not entitled to receive cashback or ICW Loot Points.
f) Each Seller who implemented ICW API on the external online store is entitled to have only limited number of transaction requests per day as may be executed with use of ICW API and as are defined accordingly, email Us for details. If there is a need to increase the said transaction requests number, the Seller shall contact ICW in this regards.
g) Each Seller is entitled to have only one account with ICW API, unless ICW decides otherwise.
h) The ICW API may also be implemented with the third-party application which allows to list and sell goods and/or services on the Site directly form the third-party application panel. Without prejudice to other sections set forth in this point 6.22, sections a) – g) above shall not be applied to ICW API implemented in the third-party application which allows to list and sell goods and/or services on the Site.
ICW will not transfer to any Buyer, whose Buyer’s personal data is being processed any information, without the prior written consent of the Seller and after agreeing the content of such information with the Seller.
ICW will not use the services of another ICW without the prior detailed consent of the Seller expressed in writing, including in electronic form, although the processing of the Buyer’s personal data must remain within the limits, purposes, and scope of the data processing.
Consent for ICW to use the services of another ICW may be granted, only if the same data protection obligations that are set out in these Terms and Conditions are imposed on this other ICW. Nevertheless, in any case, ICW will retain full responsibility towards the Seller for the fulfilment of obligations by such other data processor.
The Terms and Conditions regarding the point i) may be terminated by ICW with two weeks’ notice in writing.
The transferred Buyer’s personal data will be subject to the following processing - disclosure by transmission, dissemination or otherwise making available to any entity each time indicated by the Seller. Categories of Buyer’s personal data as will be processed under this section i) of these Terms and Conditions are as follows: (i) Buyer as a physical person - first name and surname, place of residence (correspondence address), email address, phone number (ii) Buyer as a legal entity, persons operating as sole traders - company name / full name, company ID, also trading name in the case of persons operating as sole traders: VAT/ tax number, address, post code/ ZIP, city, country.
j) The Seller are obligated to promptly restrict access to a good and/or service obtained or provided via the ICW API, if it is required by applicable laws and/or regulations.
k) ICW declares the ICW API is the constantly evolving product, and it causes that ICW is entitled to provide updates to the ICW API from time to time to Seller. Each Seller who uses the ICW API is obligated to instantly applied any updates released by ICW, despite of that it may bring backward incompatible changes. For the avoidance of doubt, ICW shall not at any time be obliged to provide any modifications to the ICW API, including without limitation any updates, upgrades and/or any new version of the ICW API.
l) The Seller who use the ICW API are aware that ICW hereby expressly declines all warranties, including but not limited to any good or service description, warranty of condition, quality, durability, functioning, reliability, merchantability 2or suitability for any specific purpose of the good and/or service sold by the Seller - ICW makes no warranty regarding any good and/or service that are purchased or obtained through the ICW API.
m) Any complaints regarding the ICW API should be reported by the Seller on the ICW’s Support Center.
n) ICW grants the Seller and a third-party provider who implement the ICW API in the application a limited, non-exclusive, non-transferable, non-sub licensable right to access and use the ICW API in the manner permitted by and subject always to these Terms and Conditions, without the right to modification of the ICW API.
o) The Seller and a third-party provider who implement the ICW API in the application shall not:
sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish the ICW API or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration; • interfere with or disrupt the ICW API or the servers or networks providing the ICW API or any part thereof.
reverse engineer or extract, or attempt to reverse engineer or extract, the source code from any ICW API.
change, modify, add, or remove portions of the ICW API source code;
provide access to the ICW API in any unauthorized way;
make any action which may compromising or destabilizing the ICW API;
transmitting any code which may cause damage of the ICW API or any data;
use the ICW API in a manner which: (i) contravenes any applicable laws and regulations; or (ii) promotes or facilitates any form of material or activity which ICW deems objectionable or would subject itself to reputational risk, including, without limitation, gambling, obscenity, pornography, prostitution, drugs, crime, cruelty, violence and any other materials or activities; (iii) delete or alter any trade names, trademarks, logos, domain names and/or other attribution to ICW’s brand, which are provided due to the use of the ICW API.
Any breach of the aforesaid requirements or restrictions shall result in immediate and automatic termination of all rights and license granted hereunder.
p) The Seller who implement the ICW API on the external online store and a third party provider who implement the ICW API in the application must (i) obey all applicable laws and regulations related to its business operation; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or equipment via ICW API; and (iv) not post, promote or transmit any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature via ICW API.
q) The Seller who implement the ICW API on the external online store and a third-party provider who implement the ICW API in the application may not:
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
upload, post, host, or transmit unsolicited e-mail, SMS, or spam messages;
transmit any worms or viruses or any code of a destructive nature. If the Seller who implement the ICW API on the external online store and/or a third-party provider who implement the ICW API in the application become aware of any issues with the ICW API that result in the improper functioning of the ICW API, he/she is bound to inform ICW instantly in this regards. If no such notice is provided, the ICW API cannot be held responsible for the due consequences.
r) ICW shall not be liable for any errors or delays in the ICW API, or third-party application uses the ICW API, the external online Seller store or for any actions taken in reliance thereon. The Seller and a third-party provider who implement the ICW API in the application understand and agree to use the ICW API his/her own discretion and risk and that he/she will be solely responsible for any damages that arise from use of the ICW API. ICW will use commercially reasonable efforts to make the ICW API services available with a yearly uptime percentage of at least 95% during any yearly cycle. In the event of occurrence any critical issue in the ICW API, ICW will endeavor to remove a bug or provide a bug workaround (workaround does not mean a bug fixation but allows to use key functionalities of the ICW API) within 1 (one) week hereof.
s) The ICW API is provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE ICW API, OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE ICW API. Without prejudice to the generality of the foregoing, ICW does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the ICW API; (ii) that the use of and/or access to ICW API will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the ICW API will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the ICW API will not infringe rights of third parties.
t) ICW shall in no event nor for any reason whatsoever be liable, even if ICW has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the ICW API; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage linked to the ICW API or provided through the ICW API; (iv) any services, products, information, data, software or other material made available, obtained or downloaded from the ICW API or from any other website or webpage linked to the ICW API or from any other party referred by the ICW API, or through the use of the ICW API, or (v) your use or misuse of the ICW API. In no event shall ICW be liable to the User, or any other party for: (i) amounts due from other users of the ICW API in connection with the purchase of any products/services; (ii) damages arising in connection with the use of the ICW API, by the User or other third party; and/or (iii) sales, customs and/or import or export taxes.
u) The Seller who implement the ICW API on the external online store and a third-party provider who implement the ICW API agree to indemnify and hold ICW and its related organizations, and any of their officers, directors, agents, employees, and licensors harmless from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including legal fees) arising out of or relating to use of the ICW API. The Seller who implement the ICW API on the external online store and a third party provider who implement the ICW API will cooperate fully in the defense of any allegation or third-party legal proceeding. ICW reserves the right to assume the exclusive control and defense of any indemnified matter under this clause 6.22. Notwithstanding the foregoing, the total liability of ICW against the Seller who implement the ICW API on the external online store and a third-party provider who implement the ICW API is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained Seller who implement the ICW API on the external online store and a third-party provider who implement the ICW API. All claims arising from the use of the ICW API have to be raised within fourteen (14) days after the date on which a problem occurs.
v) Each Party, in its sole discretion, may terminate the agreement related to use the ICW API with 30 (thirty) calendar days’ notice period. ICW is entitled, at its own discretion, to restrict, suspense or terminate ICW API without termination period if ICW: (i) is subject to a legal or regulatory obligation which requires it to restrict, suspense or terminate the provision of the whole of its Services to a given Sellers in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) can demonstrate that the Sellers concerned has repeatedly infringed the applicable Terms and Conditions, resulting in the termination of the provision of the whole of the Services Upon termination of the agreement related to use the ICW API for any reason whatsoever, all rights and/or licenses granted under these Terms and Conditions shall immediately cease and terminate and the Seller who implement the ICW API on the external online store and a third party provider who implement the ICW API shall forthwith cease the access and use of the ICW API in any way whatsoever. Termination of the agreement related to use the ICW API for any reason: (i) shall not affect the Sellers’s obligation to make full payment of any fees payable if such fee has not already been paid; and (ii) shall not end the Sellers’s obligation or ICW’s rights under any provisions of these Terms and Conditions which are meant to survive the termination.
w) Using ICW’s brand to be visible on the Seller's external online store such as e.g., "Powered by ICW" label should be obligatorily consulted with account manager (if designated to the given User) or requested through [email protected]
6.25. ICW Marketplace Rating System
a) ICW makes available the ICW Marketplace Rating System under which the User has the right to provide the Seller or Selling User with a feedback related to a product purchased on the Site. Under this service, ICW offers the dispute platform where the parties may resolve their problems concerning the transaction executed on the Site.
b) After 30 (thirty) days of purchase of a product on the Site, the User is entitled to give the Seller or Selling User a positive or negative rating related to foregoing transaction.
c) If the Seller or Selling User received the negative rating from the User, he is entitled to:
start dispute with the User via the conversation module; under foregoing dispute, the Seller or Selling User is entitled to demand from the User to (i) provide him with clarification of the negative rating and/or (ii) request to its change; the change of negative rating is proceeded on the User discretion; ICW does not interfere in dispute conducted between the User and Seller or Selling User;
provide ICW with information concerning the rating abuse incident made by the User, provided, however, that the Seller or Selling User had contacted with the User in order to resolve the dispute, and it has not been resolved properly.
d) The negative rating granted by the User to the Seller or Selling User may be one-time changed by the User, if the Seller or Selling User resolves the User’s problem with the purchased product in one of the following ways:
provide the User with a full refund for sold product; or
provide the User with the same replaced product.
e) If the User accepts the refund or replaced product, then he will be required to change the Seller’s or Selling User’s negative rating. If the User does not response for requirement within 7 (seven) days hereof, the rating of the Seller or Selling User shall be automatically changed into neutral.
f) Providing the User with a different product by the Seller or Selling User does not grant a possibility to change negative rating related to disputed product – in that case the User is entitled to grant the Seller or Selling User with the new rating for such different product.
g) The rating abuse incident reported by the Seller or Selling User may be declined by ICW at its absolute discretion, if the negative rating being the subject of rating abuse report violates these Terms and Conditions.
h) Rejected rating abuse incident by ICW will deduct the limit of available rating abuse requests that may be reported by the Seller or Selling User on monthly basis.
i) If the User violates these Terms and Conditions, ICW reserves the rights to:
remove or change the neutral or negative rating granted by the User without receiving a rating abuse incident request from the Seller or Selling User, or
suspend or terminate access to ICW services offered on the Site to the User.
j) At its absolute discretion, ICW is entitled to verify and edit the comment provided by the User, Seller or Selling User within the ICW Marketplace Rating System if:
it is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libelous, untrue, hateful, discriminatory, obscene, inflammatory, racist, unlawful, malicious, misleading, discriminatory or which might call ICW or the Service into disrepute;
the User acts against the Seller or Selling User by deliberately giving him/her negative ratings;
impersonates any moderator, administrator or any staff or other persons connected with ICW;
infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address, or phone number, and/or rights of publicity;
includes restricted and/or password protected content or material;
tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network, and the computers of other users;
tries to gain unauthorized access to any profiles, blogs, forums, communities, account information, bulletins, or other aspects of the Service.
h) ICW shall not be liable for any storage digital content which has been uploaded, submitted, presented, or published through the Site by the User. The User warrants, acknowledges and is responsible for the fact that any digital content, including image, as to be uploaded submitted, presented, or published through the Site by the User, including in the ICW Pro account, shall fulfill the following conditions and:
• be genuine, appropriate, complete, and lawful;
• not be false, deceitful, or unreliable;
• not contain information that is libelous, threatening, harassing, obscene, controversial, offensive, explicit, or discriminatory to any minority;
• not violate these Terms and Conditions or the Privacy and Cookies Policy;
• not infringe any applicable laws, regulations, third party’s rights including copyrights, license, or intellectual property rights or promote any behavior that might infringe or violate any applicable laws or legal provisions;
• not link to any website(s) that might contain content infringing the above.
j) If ICW determines that the User has violated these Terms and Conditions or applicable law, ICW may suspend or permanently disable access to his/her ICW seller account. ICW may also suspend or disable any ICW seller account if ICW required to do so by law. Where appropriate, ICW will notify the User about actions regarding the ICW account the next time the User try to access it.
k) By entering the ICW seller program the User accepts and grants consent to use his/her personal data for the purpose of participation in the I ICW Seller program.
l) ICW declares that any images uploaded by the User on ICW seller account will not be a subject of technical processing which allow or confirm the unique identification of that User. ICW collects personal data, the content, communications, and other information that the User provides when participate in ICW Pro program, including when the User signs up for an account, create or share content, and message or communicate with others. This can include information in or about the content the User provides, such as a photo. ICW collects all the above in order to provide the User with services available in ICW seller program.
m) By uploading the User’s photo in ICW seller program account the User consents to process her/his personal data like image in the purpose relating to participation in ICW seller program, User consents to public availability of his/her image during participation in ICW seller program, or until the User delates her/his photo. This consent is voluntary and may be withdrawn at any time by sending an email with such request on [email protected]
Withdrawal of consent, however, does not affect the legality of processing that takes place on the basis of consent prior to its withdrawal.
n) Data controller of personal data of the User is ICW with its registered
4774 Park Granada #9224 Calabasas CA 91372
o) The User has the right to demand to provide access to personal data, its correction, deletion, limitation on processing, or transfer, as well as the right to file a complaint with the Chairman of the Personal Data Protection Office. In order to benefit from these rights, the User should contact [email protected]
Any detailed information relating to processing your personal data you will find in the Privacy and Cookies Policy.
p) When the User deletes his/her account, ICW deletes things that have been posted by him/her, such as photos and status updates, and the User will not be able to recover that information later. Information that other Users have shared about the User is not part of the User’s account and will not be deleted.
8.1. Within the scope permitted by law, ICW’s liability shall be excluded in relation to:
a) any damages resulting from the use of the Site, accessing it or the inability to use the Site by the Seller or the User due to reasons beyond ICW control;
b) any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that ICW is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
c) implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to the User, in particular by reason of the User making his password available to third party;
d) any actions taken by ICW in relation to the User or the Seller linked to any their infringement of the law in force or Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
e) infringing the law in force or any third party rights by Sellers and/or Selling Users, in particular in relation to any damages caused to third parties by Sellers as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the Seller or/and the Selling User does not have copyrights or any other required titles;
f) any actions and results thereof related to any violation by the User or Seller of these Terms and Conditions or to submission by the Seller or the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
g) any actions based on collection of personal data by the Seller or the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons;
h) any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of ICW from any disputes between Users);
i) any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the Site by Sellers against Users or other Sellers – owing to the fact that within such scope, ICW is not a party of such legal relationships.
8.2. ICW shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Seller of his agreement with the User (or other Seller), or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to ICW, related to Sellers' behavior specified in section 8.1. above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Sellers shall bear all and any costs related thereto and borne by ICW or to which ICW will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, charges related to personal presence at court or in front of any authority and public administration body, correspondence costs and any other possible charges, fees, etc. Moreover, where third parties file any claims against ICW related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace ICW in such proceedings or shall act as a third party respondent. The provision 8.2 is accordingly applied to the Selling Users to the extent, which does not infringe the consumer rights.
8.3. Furthermore ICW does not guarantee that any Seller or any User is capable of concluding an agreement through the Site, and in particular that such agreement will be performed. ICW is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller and the User against the Selling User nor by the Seller against the User and the Selling User against the User, nor the Seller against other Seller. ICW shall not be liable against the Users (or other Sellers) for the products and services sold through the Site by the Sellers and the Selling Users, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. ICW shall not be liable against the Sellers and the Selling Users for the correctness and validity of any statements made by the Users/Sellers, for their solvency or ability to conclude agreements with Sellers through the Site.
8.4. Notwithstanding the generality of the following guidelines, the Seller shall be held liable for gross violation of the Terms and Conditions and other obligations where:
In case of formal notification of a claim by third party against the Seller and where the Seller deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to ICW or where he blatantly fails to fulfill his obligations, e.g. in case of non-delivery of the ordered product or service despite its cost being settled, or where the product or service delivered do not conform with the declared form or quality,
The Seller provided false, incomplete or misleading data,
Where there is reasonable probability that the Seller undertook actions which may be detrimental to ICW and/or its partners in terms of their assets or legal liability.
8.5. To the fullest extent permitted by law, all services provided by ICW on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and ICW 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 of the products and services sold by the Sellers or the Selling Users or sold by itself, unless consumers rights protection laws provide otherwise.
8.6. Notwithstanding provisions stipulated in p. 5.13.-5.17., to the fullest extent permitted by law, ICW does not make any representation or give any warranty in relation to the quality, manufacturing, import, export, distribution, offering, presentation and/or use of any products or services offered on the Site nor does ICW take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.
8.7. Notwithstanding the foregoing, the total liability of ICW against the Sellers is limited to the amount of $ 250. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the Seller. All claims arising from the use of the Site or services have to be raised within fourteen (14) days after the date on which a problem occurs. In countries where limitation of liability against consumers is possible, the terms of the first and second sentence of this section shall apply accordingly.
8.8. The limitations and exclusions of liability under Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to ICW that such damage may occur.
8.9. The Seller and Selling User shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) ICW and its directors, officers, employees, agents, stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), as well as Adjustments, whether or not involving a third party claim, which arise out of or relate to (i) any breach of any representation or warranty of the Seller or Selling User contained in these Terms and Conditions, (ii) any breach or violation of any covenant or other obligation or duty of the Seller and Selling User under these Terms and Conditions, under applicable law, or under Intermediate Body Scheme Rules, (iii) any alleged breach or violation by the Seller or Selling User of third party rights, including intellectual property rights, (v) any claim related to the auction or transaction listed by the Seller or Selling User or listed by ICW on behalf of the Seller or Selling User in each case whether or not caused by the negligence of ICW or any other Indemnified Party and whether or not the relevant claim has merit.
The Seller and Selling User shall inform ICW in writing of any claim, demand or suit and shall fully cooperate in the defense thereof. The Seller and Selling User will not agree to the settlement of any such claim, demand or suit prior to the final judgment thereon without the consent of ICW whose consent may be withheld at ICW sole and entire discretion.
If any Intermediate Body charges ICW for any Adjustment due to a Seller’s and Selling User’s act or omission on the Site, including as a result of listed by the Seller or Selling User or by ICW on behalf of the Seller or Selling User digital products, Physical Products, or services which breach of the Intermediate Body Scheme Rules, the Seller and Selling User shall repay any and all such that Adjustment to ICW. The Seller or Selling User hereby agree that all Adjustments assessed by any Intermediate Body (either to the Seller, Selling User or ICW) in connection with any act or omission done willfully or negligently by the Seller or Selling User shall or ICW on behalf of the Seller or Selling User be the liability of the Seller and Selling User and shall be charged for Seller or Selling User.
Unless the applicable law provides otherwise, ICW is entitled to make, at its absolute discretion, any set-off from funds accumulated by the Seller and Selling User on ICW Balance.
The Seller and Selling User acknowledges and agrees that during these Terms and Conditions and after their termination or expiration for any reason whatsoever, the Seller and Selling User shall continue to bear liability for all Adjustments and indemnification obligations pursuant to these Terms and Conditions and all other amounts due or which may become due under these Terms and Conditions. This liability is not subject to any limitation of liability that may be expressed elsewhere in the these Terms and Conditions.
9. Dealings between Users and Sellers
9.1. Users and Sellers acknowledge that engaging in any transactions on the Site involves the risk of dealing with abusive people. ICW uses its reasonable endeavors to verify the accuracy of the data and information provided by our Users and Sellers during the registration process as well as payment processes and when separate agreements are concluded with the Sellers. However, as the identity of Internet users is difficult to verify, ICW 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 are dealing with.
9.2. Users and Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Site or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, payment terms, warranty, returns, delivery, time of delivery, insurance, fees, taxes, licenses, or penalties.
9.3. Users and Sellers agree to provide all necessary information and documents that may be required in connection with transactions (between Sellers and Users or Selling Users and Users or between Sellers) and other obligations under these Terms and Conditions.
9.4. In order to unify rules of transactions performed via the Site and to ensure standard of fair practice when conducting the above Users and Sellers hereby confirm that an agreement between the User and the Seller or the User and the Selling User or between Sellers becomes valid once the provision of a service and the charge to the User (or the Seller making the purchase) is authorized by the Seller or the Selling User upon his/her final consent stipulated in point 5.5 above. All further actions connected with the agreement, rights and obligations, are regulated by adequate laws or agreements between Users).
9.5. ICW pays utmost care to ensure that the transactions between Users are completed without any problems. However, in the rare circumstances where ICW has been informed that a product or service sold by a Seller or Selling User is mispriced, or the Buying User has been charged for less than the transaction amount due to wrong exchange rates being applied or any other technical fault or mistake, ICW may, in its discretion, cancel the transaction by returning the funds to the Buying User and the products to the Seller or the Selling User.
11. Forbidden Actions – Anti Violation Procedures (a so-called notice and takedown procedure)
11.1. Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller or a Selling User is obliged to notify the Site's operator thereof (to the e-mail address: [email protected]
via registered mail to the address specified in 'Definitions' of these Terms and Conditions where ' ICW ' is defined), indicating and submitting:
a) the exact location of the data;
b) the right violated;
c) circumstances and evidence proving the legal title to bring an action in terms of the violated right that he or she is the sole person entitled to the data found on the Site (in particular games or game codes) and that the Seller or the Selling User has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where ' ICW ' is defined)
d) his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;
e) a separate personal data processing statement consenting to processing for the purposes of the notice and takedown procedure (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where ' ICW ' is defined).
11.2. Following the receipt of a credible notification specified above, ICW shall immediately block access to the data indicated in the notification (in particular, it shall delete them) and – as far as possible – it will notify the Seller or the Selling User responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
11.3. The Seller or the Selling User who has received notification mentioned in section 2 above may submit its reply and evidence confirming its rights to distribute, make available etc. the data, in particular evidencing copyrights, licenses or ownership rights to the games and game activation codes.
11.4. The Seller or the Selling User who notified ICW of the violation of his or her rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Site by the Seller or the Selling User were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
a) uploaded back to the Site without amendments;
b) uploaded back to the Site, amended in accordance with the changes agreed by the parties;
c) permanently removed from the Site.
Any agreements between the parties allowing for the data to be uploaded back to the Site shall be made in writing, signed by the authorized persons and sent as an original via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'ICW' is defined.
a) it is not possible to determine the Seller or the Selling User responsible for publication of third party's data or their distribution on the Site etc.
b) the Seller or Selling User does not submit any reply to the notification of third party's claim within 14 days from its receipt from ICW to the Seller's or Selling User’s e-mail address or does not submit any evidence on having rights to publish, distribute the data etc. within that period such data will be permanently removed from the Site.
11.6. Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, ICW will immediately disable any access to such data.
11.7. ICW reserves the right to, at its own initiative, remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful
11.8. ICW can prevent adding certain data or selling certain products on the Site if they receive reliable information that such actions are in conflict with the Terms and Conditions or statements given by the Seller or the Selling User.
12. Complaints Procedure
12.1. If there are problems or irregularities in connection with using the Site or regarding the Services the Users, Sellers, Selling Users may submit a complaint by Open a Ticket on your account or sending it to the following address: [email protected]
or in a written form to ICW 4774 Park Granada #9224 Calabasas CA 91372
12.3. If the User has complaints about the products or services, he/she has bought, subject to the provisions of point 6.8 above, he/she may file a complaint to the Seller or the Selling User with the help of ICW. In such case ICW only helps in initiating the complaint procedure and does not resolve the complaint. This does not apply to products or services sold and owned by ICW – in this case ICW resolves the complaint. The separate service described in article 6.23 point a) is enhanced to the higher assurance level if User’s combined quarterly payment for the order amounts to one-fourth of the amount specified in article 6.23 point j) by allowing the User to extend the limit specified in article 6.23 point j) up to five reoccurrences. Each payment towards the enhanced level assurance is a non-returnable advance payment.
12.4. Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.
12.5. Notwithstanding the provisions of point 12.3 above, a products or services purchased via the Site, especially a game activation code, which has not been retrieved from the Site or – being retrieved – has not been activated (used) by the User might be returned to the Seller or the Selling User provided that the Seller or the Selling User grants the User a right to return the purchased products or services . The User or the Selling User shall unequivocally determine whether he/she grants such right with regard to a given products or services or a given User. Proper information in this respect will be presented on the products or services page on the Site.
12.6. In case of enabling the User to return a purchased product, subject to point 12.5 above, such returned product is sent back to the Seller or the Selling User and can be sold again within the Site provided that this product is not defective.
12.7. In the event of any dispute(s) between the Buying user and the Seller or the Selling User in relation to the services or products purchased on the Site with the use of the payment method offered by PayPal Holdings, Inc., PayPal (USA) or their affiliates or subsidiaries, including any dispute(s) regarding the chargeback, bank reversal, PayPal dispute(s) and ICW Shield issue(s), the Seller or the Selling user are obligated to notify ICW in this regard solely through their Account by use of the ticket button available in the “Account details” section.The aforesaid notification by the Seller or the Selling User shall be made immediately, however, no later than 14 (fourteen) days from the start of this dispute(s) (i.e. at the moment the Seller or the Selling user has received the complaint from the User regarding the products or services offered by the Seller or the Selling user on the Site).In addition, the Seller or the Selling User are also obligated to provide ICW with all the necessary information, within the above mentioned 14 (fourteen) day period, regarding this dispute(s) and any information that may be requested by ICW. The Seller or the Selling user shall fully cooperate with ICW to resolve any dispute(s) with the Buying user. In the event that the Seller or Selling user does not inform or improperly informs ICW regarding the started dispute(s) within the aforesaid term, ICW will not be obligated to settle any complaint concerning the said dispute(s) and will be released from any liability to the Seller or the Selling user relating to or arising from the aforementioned dispute(s), in particular ICW will be released from any obligations to return any money to the Seller or the Selling User.
13.1. The agreement between the Users, Sellers, Selling Users and ICW on providing a teleinformatic platform and certain functions of the Site is concluded for unspecified period of time.
13.2. Where ICW decides to terminate the provision of the whole or any part of the agreement (these Terms Conditions) to a given Users, Sellers, Selling Users, it shall provide the Users, Sellers, Selling Users concerned, at least 30 (thirty) days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium. The notice period set forth above shall not apply where ICW: (i) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its Services to a given Users, Sellers, Selling Users in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) can demonstrate that the Users, Sellers, Selling Users concerned has repeatedly infringed the applicable Terms and Conditions, resulting in the termination of the provision of the whole of the Services.
13.3. In the case of restriction, suspension or termination of the Services, ICW shall give the Users, Sellers, Selling Users the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in section 14.4. Where the restriction, suspension or termination is revoked by ICW, it shall reinstate the Users, Sellers, Selling Users without undue delay, including providing the Users, Sellers, Selling Users with any access to personal or other data, or both, that resulted from its use of the relevant online intermediation services prior to the restriction, suspension or termination having taken effect.
13.4. The Users, Sellers, and Selling Users have the right to terminate the agreement within 15 (fifteen) days with any reasons providing ICW with a termination via [email protected]
or made it through removal of his account at the administration panel.
13.5 The User, who is a consumer, have the right to withdraw from agreement governed by these Terms and Conditions with ICW within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of acceptance of these Terms and Conditions. To exercise the right of withdrawal, the User, who is a consumer, must inform ICW of their decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The User, who is a consumer, may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the User, who is a consumer, withdraw from this agreement, ICW shall reimburse to him/her all payments received from his/her, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which ICW is informed about decision to withdraw from the agreement. ICW will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless the User, who is a consumer, have expressly agreed otherwise; in any event, the User, who is a consumer, will not incur any fees as a result of such reimbursement. In order to withdraw from the agreement, the User, who is a consumer, may send a statement of withdrawal, for example (i) via the contact form on the ICW Marketplace platform by creating a ticket in ICW Support Center, (ii) in writing to ICW’s address, or (iii) via e-mail mail at the following address: [email protected]
In the statement of withdrawal from the agreement, the User, who is a consumer, should enter (i) name and surname, (iii) email address and (iv) postal address, if available. ICW shall immediately confirm to the User, who is a consumer, the receipt of the withdrawal from the agreement in feedback to him/her on a durable medium, including via e-mail.
13.5. If the termination of the agreement has been made by ICW the Users, Sellers, Selling Users cannot create another Account on the Site without ICW’s consent.
13.6. ICW has the right to temporarily restrict or suspend access to the Users, Sellers, Selling Users’ Account if its security is compromised in any way or if significant violations of this agreement or the law (by the Users, Sellers, Selling Users) are discovered (if ICW will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights.
14. Final Provisions
14.1. The ‘Privacy and Cookies Policy’ and the “Table of fees and commissions
” constitute integral parts of these Terms and Conditions, binding upon all registered Users.
14.2. Neither User nor the Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of ICW. The Users and the Sellers hereby consent to and agree that ICW may transfer the rights and obligations arising from the agreement between ICW and the Sellers and/or the Users to a third party.
14.3. The processing of any data received by the administrator of the Site in relation to its functioning is made in accordance with the Privacy and Cookies Policy and the User agrees to it when accepting these Terms and Conditions ICW may transfer the rights and obligations arising from the agreement between ICW and the Seller and/or the User to a third party, to which the User and the Seller agree.
14.4. Any communication with the Site’s administration shall be made by e-mail to the address: [email protected]
All legal inquiries shall be directed to [email protected]
14.5. Any comments and remarks on Users or Sellers violations of these Terms and Conditions shall be notified with ICW to the address: [email protected]
14.6. Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.
14.7. Due to local laws and restrictions that may be present in the User’s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.
14.8. Section headings and other headings in this Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation thereof.
14.9. These Terms and Conditions are governed by the laws of USA Government without reference to their conflicting provisions, unless the domestic law applicable to the User being a consumer provides otherwise. Parties approving these Terms and Conditions are exclusively subject to the jurisdiction of courts in USA, unless the domestic law applicable to the User being a consumer provides otherwise.