sprite

Terms & Conditions

1. General provisions

  1. 1.1The company K4G LTD, a company incorporated under the laws of England and Wales under the number: 13138568, acting through the registered branch in Cyprus, branch registered office address and place of business: Arch. Makariou & Evagorou, 1-7 MITSI 3, 1st floor, Flat/Office 102, 1065, Nicosia, Cyprus, branch registration number AE3530 (or simply: "we", "us", "our", “K4G” etc.), operates the website www.k4g.com as an agent acting on behalf of various Suppliers who wish to distribute their products to the Users using the Website. The following terms and conditions regulate the relationship between all engaged Parties in particularly detailed scope of representation of the Suppliers among their offer and sells to the User made via the Website (hereinafter “Agreement”, or “User T&C”, “Terms and Conditions”).
  2. 1.2This Agreement will be binding on you and us once you register an account on the Website or when you use our other services which don't require registration. If you do not agree to these terms and conditions, please do not use our Website. In order to use the Website, the User agrees to and accepts the Agreement as a whole and without reservations. The User also confirms that due to the domestic laws of country of his residence he is able to conclude legally binding agreements. Occasionally we can also offer our own Products and K4G VIP Service – in case of such Orders, we will be considered as Supplier and each and every regulation in regard on our sale will be expressively referred to as K4G sale or service in this T&C. If not – all the provisions of this T&C will apply to K4G as the Supplier, including a separate agreement with K4G as the Supplier that the User will enter when purchasing K4G Products (K4G Suppliers Sales Agreement) or Services (K4G VIP Agreement).
  3. 7.2
    With above reservation we are online Website operator that allows User to buy Product from various Suppliers, so all the transactions are being conducted between Users and Suppliers while we, unless expressly provided otherwise, do not engage either in selling (except from activities provided on behalf of the Suppliers) or purchasing of Product. We, as administrator of the Website, provide Suppliers that meets the requirements specified in our Agreements and binding law, with the tool allowing to sell Product on the Website as the Suppliers solely representative for the scope of Website facilitation.
  4. 1.4Sales made through the Website are made between respective Users and Suppliers. The Suppliers are responsible for all services related to the sale and delivery of Products, including handling inquiries, complaints, and refund requests. In order to buy Product from Supplier you are required to accept User T&C as well as Supplier’s own Terms and Conditions . K4G acts as a commercial agent facilitating communication between Users and Suppliers and entering into binding separate agreement between them.
  5. 1.5We reserve the right to independently modify this Agreement. The User will receive advanced notice of forthcoming changes via notification placed on the Website and available for each User in their individual account if applicable (pop-up) or via email notification (depending on the method we choose) at least 14 days in advance as well as by publication on the Website. The Notice is considered to be received by the User on the day of its publication on the Website or in case we send the notification via email – the day of as of the date the email is sent from our server or even before - upon receipt of a notification available to each User on his individual account. Notification on the individual account determines each User requirement to actively confirm continuing usage of the Website considering the current User T&C . Upon receipt of the Notice, each User reserves the right to terminate their Agreement with us without incurring any adverse consequences. Otherwise - continuation of using the Website post-notice receipt and post Website publication implies the User's confirmation and acceptance of the outlined changes as usage of the Website without acceptance of T&C is not possible. Changes described in the Notice will take effect 14 days following its receipt or as stipulated within the Notice. The changes can come into force in earlier term if the User will give his consent for the proposed changes by clicking the Approve bottom (in case of pop out notification) or by responding to email. For more detailed instructions please refer to point 22 of User T&C.

2. Definitions

In this document the following terms shall have the following meaning:

  1. 2.1“Account” – a personalized part of the Website assigned to each registered User, where User's data is stored;
  2. 2.2“Additional Services” - occasionally related to the Product additional services categorized as KPP and Extra Services which will be prior to the user's purchase selectable, along with the price and description, provided by Supplier. Extra Services can be modified. Current Extra Services description you can find here.
  3. 2.3“Commercial Agent” or “we” or “us” – K4G LTD a company incorporated under the laws of England and Wales under the number: 13138568, acting through the registered branch in Cyprus, branch registered office address and place of business: Arch. Makariou & Evagorou, 1-7 MITSI 3, 1st floor, Flat/Office 102, 1065, Nicosia, Cyprus, branch registration number AE3530; K4G acts as a commercial agent of Supplier, facilitating communication between Users and Suppliers.
  4. 2.4“Contract” means the contract of sale between the Supplier and the User on the Website.
  5. 2.5“GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free moveme
  6. 2.6“K4G Purchase Protection (KPP)” - as defined in this terms and conditions in 10 of User T&C;
  7. 2.7“Offer” - the offer to sale the Product or Service on the Website set by the Supplier, that includes the Product description and a price.
  8. 2.8“Order” means the User's declaration to purchase Products from Supplier placed on the Website.
  9. 2.9“Privacy Policy” – a separate document available on the Website, describing how we process personal data of Users
  10. 2.10“Product” – goods in the digital form, offered via the Website, especially video game keys or game activation codes and occasionally related to the Product Additional Services categorized as KPP and Extra Services
  11. 2.11“Sale” – contract of purchase and Product from the Supplier to the User;
  12. 2.12“Services” – any services available on the Website, including but not limited to ones provided by the Commercial Agent or Supplier or external payments operators;
  13. 2.13“Shipment time” – time that Supplier takes to deliver Product to User;
  14. 2.14“Supplier” – business entity , legal person or any other entrepreneur (sole proprietorship, legal entity with limited legal capacity who supplies the Product to be sold through the Website. The Suppliers are solely responsible for all services related to the sale and delivery of Products, including handling inquiries, complaints, and refund requests. If it stands from the context K4G could also be treated as the Supplier but only in terms of the sales of expressively indicated as K4G Products;
  15. 2.15“Supplier T&C “ – individual terms and conditions of Sale from Supplier, placed on the Supplier’s individual profile which the User enters by placing an Order with the Supplier. In regards of payments, Pre-Orders, delivery of Products, Complaint procedure and Refunds and fees provisions of the Suppliers T&C are compliant with this Users Agreement and can be same or more beneficial to the User more beneficial to the User provided that they are not obviously aimed at causing harm to K4G. In matters not regulated in the Supplier T&C, the terms indicated in the User T&C shall apply.
  16. 2.16“User” or “you” – any person who uses the Website and/or the Services. The User shall be considered in particular but without limitation: (a) person who registers a User’s Account on the Website (b) registered User who buys Product through the Website (c) person who buys the Product through the Website without registration (d) person who subscribes to the Newsletter (e) person who uses any other Services on the Website or simply who is browsing the Website;
  17. 2.17“User T&C”, “Agreement” – this document (with all attachments and schedules hereto);
  18. 2.18“Wallet” – electronic wallet available on the Website for registered Users (assigned to each Account), in which User's funds are stored solely for the purpose of placing Orders from the Suppliers. Wallet funds may be used only on the Website and on the terms specified in User T&C. The funds stored in the Wallet, named K4G Coins, are not a virtual currency, it cannot be withdrawn for a fiduciary currency. In addition to exchanging for Products offered on the Website, you can use them for example for exchange for a promotional code for your Order to reduce the price. The change of the name K4G Coins does not require change of this Agreement.
  19. 2.19“Website” – website, available at https://k4g.com with all of its subdomains;
  20. 2.20“working days” – days from Monday to Friday, excluding public holidays in the country of Commercial Agent registered seats

Singular expressions also apply to the plural when the context so requires, and vice versa.

3. General terms of use

  1. 3.1If you are a natural person – in order to use the Services, you must have full legal capacity. (legal capacity is defined by applicable laws of the country where you reside). Usually, if you are over 18 years old, you have full legal capacity, unless applicable laws of the country where you reside state otherwise. Therefore, when you use the Services, you warrant that you have full legal capacity in accordance with the applicable laws of the country where you reside.
  2. 3.2When you use the Website, we might send you "push" notifications. You can enable, disable or re-enable "push" notifications at any time by changing your browser settings.
  3. 3.3We reserve the right to place advertising content on the Website regarding services offered by us or by third parties. Entities unrelated to us may therefore place ads on the Website via links, banners, etc. We are not responsible for the content of these materials or for any offer, information or activity of these third parties. The User, who decides to take actions recommended in such ads does so exclusively at his/her own risk.
  4. 3.4When using the Website, it is prohibited to:
    • a)send, post or share any offensive, unlawful or indecent content, or content that violates the rights of the Commercial Agent, of the other Users, Suppliers or of the third parties, including intellectual property violations,
    • b)send unsolicited commercial information and send offensive, defamatory or inappropriate messages,
    • c)take any actions that may hinder or disrupt the operations of the Website,
    • d)attempt to circumvent security measures or network security, including attempting to access third party data (especially hacking Accounts of other Users) and intercepting data;
    • e)use our or third party names, logos, trademarks or other intellectual property rights for any unauthorized purpose.
  5. 3.5Changes, modifications or updates to the content of the Website and other changes to the appearance of the Website will not be considered a change to the Agreement between us and the User or the Suppliers (concluded under these User T&C), unless (a) we provide otherwise or (b) the provisions of generally applicable law provide otherwise.
  6. 3.6We, as the Commercial Agent act solely as representatives and provide services as described in point 1.3 of this User T&C, including:
    • a)forwarding your queries or documents to Suppliers, and forwarding Supplier response;
    • b)assisting you in the registration of the Account on the Website process;
    • c)providing you with customers IT support regarding technical issues with Website or the Account;
    • d)collect claims, check their completeness and transfer them to the Supplier;
    • e)facilitate the transfer of payments from the User directly to the Supplier;
    • f)provide Refunds from Supplier to User in accordance with User Terms and Conditions and Supplier Agreement.
    • g)is able to negotiate the price for the Product supplied by the Supplier, strictly within the price range agreed upon with the Supplier including the possibility to lower the price in the event of the User claim to provide lower price for the Product sourced outside Website, assuming the offer and Product presented by the User is relevant and appropriate to the one placed on the Website by the specific Supplier
    • h)facilitate concluding agreements between User and Supplier;
    • i)contact the User on behalf of the Supplier solely in response to queries related to the Product delivered by the Supplier, within the scope explicitly authorized by the Supplier;
    • j)use the name and/or trademark of the Supplier solely for purposes of displaying the Supplier’s offers on the Website and for necessary correspondence with the User related to the Supplier’s Products;
    • k)promote the Supplier’s Products on the Website as instructed by the Supplier, including offering independent discounts, gifts, or promotional codes as per specific arrangements with the Supplier;
    • l)negotiate the terms of refunds and complaint .procedure, as described in this Agreement.
  7. 3.7The decision on the method of resolving the complaint (acceptance or rejection of the complaint) rests with the Supplier. However, K4G, when transferring the complaint to the Supplier, may provide its recommendations on how the Supplier should resolve the complaint.
  8. 3.8K4G, as representative of Supplier, is entitled to make a decision regarding the method of resolving the complaint (decisions binding for the Supplier) if the content of the complaint proves its obvious legitimacy (e.g. obvious legitimacy results from the files attached by the User to the complaint.

4. Minimal requirement

  1. 4.1In order to use the Website and Services, you should have:
    • a)a computer or a mobile device with internet access,
    • b)an active e-mail address,
    • c)internet browser (preferably in the latest version available), with cookies and JAVASCRIPT enabled,
    • d)software to view Websites and its functions as the T&C Notification (pop up) such as an up-to-date version of web browser.

5. User’s Account

  1. 5.1Creating an Account requires you to provide the data indicated in the registration form, including your e-mail address and password. The Account is created for an indefinite time period from the moment your Account registration is confirmed by us (confirmation of registration is sent to your e-mail address). By registering an Account on the Website, you agree to comply with the provisions of the User T&C. Creating an Account is free of charge.
  2. 5.2You have to protect the data of your Account, in particular the security of the password. We are not responsible for any loss or damage caused by your disclosure of your Account access data or by unauthorized access to your Account by third parties. The User is obliged to make sure that all information provided to us in the registration form is updated and valid, in particular, the email address which is used for the purpose of opening and operating the account.
  3. 5.3One User may register only one Account. One Account can only be assigned to one e-mail address. The User has no right to transfer his/her Account to another person.
  4. 5.4The Account is digital content and the User expressly agrees to receive access to the Account immediately after completing the registration procedure. Therefore, the User is not entitled to withdraw from the contract for the provision of the Account service.
  5. 5.5The User acknowledges and agrees that we processes provided to us personal data of the User indicated by him during the registration process for the purposes of rendering of the services on the Website and enabling proper functioning of the Website functionalities for the User.
  6. 5.6The functionalities available on the Website may differ depending on the country or region. Certain functionalities may not be available for all Users. User confirms that he/she acknowledges that and agrees to this conditions.

6. Updates & maintenance

  1. 6.1We undertake to provide the Services in a permanent manner, subject to interruptions when we need to carry out maintenance works on the Website or when we need to update the Website.
  2. 6.2We reserve the right to suspend the provision of Services for justified technical reasons or due to necessary maintenance work. If possible, we will inform you in advance about such suspensions.
  3. 6.3If technical problems occurs we reserve the right to temporarily suspend the access to all or certain functionalities available on the Website or to the entire Website. We commit to take all necessary and reasonable efforts to restore it as soon as possible. If you are the consumer, applicable laws may impose to us to suspend the access to the functionalities or the Website in prescribed in them cases.

7. Wallet

  1. 7.1The Wallet is assigned to each Account. The Wallet is a tool enabling Users to store funds for future purchases on the Website. The funds stored in the Wallet, named K4G Coins, are not a virtual currency, it cannot be withdrawn for a fiduciary currency. In addition to exchanging for Products offered on the Website you can use them for example for exchange for a promotional code for your Order to reduce the price. The change of the name K4G Coins does not require change of this Agreement. Commercial Agent, as Supplier representative, will make sure that if the User use the Funds accumulated in K4G Balance to pay for the Offer placed by Supplier, the appropriate amount will be transferred to the Supplier.
  2. 7.2
    The funds accumulated in the K4G Balance that belong exclusively to the User and have not been used for a year since the day of obtaining them will automatically expire. The User may request a refund of unused funds within 14 days from the date of expiry by contacting us via email [email protected]. Refunds will be issued as a voucher, valid for one year from the date of issuance. If a refund request is not made within this timeframe, the right to reclaim funds will be considered waived.

8. Orders and payments

  1. 8.1Payments for the purchase of the Products are made through external payment operators via Website or directly to the Supplier along with this T&C and Suppliers Terms and Conditions. To order the Product from the Supplier you are required to accept this User T&C and Supplier’s own Terms and Conditions. Supplier’s Terms and Conditions may be different than this User T&C, but in regards of payments, Pre-Orders, delivery of Products, Complaint procedure and Refunds, Fees they only apply if are more beneficial to you than User T&C and are not obviously aimed at causing harm to K4G. In matters not regulated in the Supplier T&C, the terms indicated in the User T&C shall apply. In the Website you can find payment operators through which it is possible to pay for the purchase of Products. We, as a representative of the Supplier, will make every reasonable effort to ensure that the funds paid by User to pay for the Order, made through external payment operators, will be transferred to the Supplier. Before making the payment through the external payment providers User is obliged to read and accept the terms and conditions available on their website before making a payment. Use of external payment providers may involve payment of commissions or other fees to the external payment providers. They may vary depending on the fact, which payment provider the User will choose, however they should be indicated on the payment selection page. The User may also pay for the order by using his/her Wallet, via K4G Coins funds accumulated in K4G Balance as indicated in this Agreement. It is not possible to pay partially with the funds accumulated in the Wallet (in K4G Balance) and partially with other payment methods (so you can pay for the order with the funds accumulated in the Wallet only in full). If the User use payment methods available with the Offer, the payment for the Product is considered successfully completed to the benefit of the Supplier after the Funds will be received on selected method of payment.
    • a)The User may also pay for the order by using his/her Wallet, with funds accumulated in K4G Balance. It is not possible to pay partially with the funds accumulated in the Wallet (in K4G Balance) and partially with other payment methods (so you can pay for the order with the funds accumulated in the Wallet only in full).
  2. 8.2In order to purchase the Product, you need to place an Order. Placing an Order requires you to:
    • a)choose the Product(s) you wish to purchase;
    • b)choose the payment method;
    • c)click on the "Order and Pay" button (or another button with the similar, appropriate description);
  3. 8.3Upon finishing the order you will be redirected to the system of the payment operator you chose. The order will be canceled if your payment has been rejected by the payment operator's system (regardless of the reasons). Moreover, as long as you have not made the payment, you can cancel the order yourself. User acknowledges and agrees that the payment would be made through the Websites of the payment services providers and that he will duly read and accept the terms and conditions available on such websites before making a payment.
  4. 8.4Depending on your choice of payment method Supplier will charge you with fees stipulated in section 9 of the User T&C. The Supplier shall be solely responsible for settlement of any applicable taxes and similar charges (including Operational Fee/Payment fee, and other services like KPP, Extra Services, if chosen by User) arising out of or in connection with their activities conducted on the Website, particularly the payment of VAT related to the sale of items offered on the Website, even in cases where such liability may presumably be transferred to K4G LTD, however does not means that you are applicable tax will not be added to your Order – it only means that after you pay applicable tax, it shall be settled with tax offices by Supplier if such obligation arises.
  5. 8.5We reserve the right to suspend the execution of the order due to the security reasons. In such a case, we can ask the User to provide us with additional information, necessary to confirm the validity of the order he/she made.
  6. 8.6The total cost of the order (Product purchase price including all fees, including Additional services if chosen by User, Payment/Operating fees and applicable taxes) will be indicated in the checkout before the order is placed. The payment should be executed through one of the payment channels available on the Website.
  7. 8.7You will receive an order confirmation to the e-mail address associated with your Account or to the other e-mail address provided by you in the order form (if you have changed it in the order form before placing an order).
  8. 8.8Prices of Products can be paid in currencies indicated on the Website. Prices include all taxes. If you make payment for the order in currency other than EUR, you may be charged with additional fees by (i) an external payment operator or (ii) a bank or other entity in which you have an account or electronic wallet.
  9. 8.9Orders may be placed 24 hours a day, seven days a week. However, the User acknowledges that if the order is placed on Saturday, Sunday or on a public holiday, the order may be processed starting from the closest working day.
  10. 8.10The Product shall be delivered to the User within reasonable time, not later than 4 days since receipt of the total price. Delivery of the Product means delivery to the User the digital key or activation code, necessary for the User to get access to the given game or other program on appropriate digital platform – the platforms on which Product may be accessed or activated are indicated in the offers available on the Website. The Supplier may define different time of delivery in his terms and conditions however you must explicitly consent to this. K4G provides Suppliers with tools that allows them to upload the Product’s to automate delivery by the Supplier and on Supplier’s sole responsibility. The Supplier may also deliver the Product via his website – in this case, we as representative of the Supplier will provide you with the link where you can fulfill the Order.
  11. 8.11Pre-orders – The above provisions shall apply to purchases of the Pre-orders Products, subject to below specific rules which apply to Pre-orders only: only:
    • a)You can also place an order for pre-order Products. You pay for the Pre-order upon the date of the order, however the Product will be delivered to you on a release date (the release date will be indicated on the Website) or at different date explicitly indicated in Supplier’s Terms and Conditions or placed in the Offer in the Website .
    • b)You may cancel your pre-order anytime up to 3 days prior to the release date (provided that no key or activation code was delivered to you).
    • c)If the release date of the Product has changed (e.g. if the publisher of a given game has postponed its release date), the date of delivery of your Pre-order shall also be changed accordingly - you will be notified about it by e-mail.

9. Fees

  1. 9.1When you make a purchase of the Product on the Website, Supplier will also charge you with fees depending on the value of the Product and the method of payment you chose or other services chosen by you for example KPP, Extra Services. Service Provider/Commercial Agent will charge you only for services delivered directly by us.
  2. 9.2The amount of fee depends on the value of the Product, additional services chosen by User and method of payment chosen by the User – the amount is visible in checkout before placing the order by the User. Fee is collected upon placing an order by the User.
  3. 9.3Depending on your choice of payment method, the fee as indicated above is collected from your K4G Balance (if you paid for the order using your K4G Balance) or is charged separately (added to the value of the order and included in the payment you make through relevant payment operator).
  4. 9.4Supplier may temporarily, suspend the fees for promotional purposes or development of new services – only effective in the period and after fulfilment of conditions indicated by K4G.
  5. 9.5You may reduce price of the Product by using promotional codes, provided to you by us, as representative of Supplier, or provided by Supplier himself. One code can be used only once unless we indicate directly that they can be used multiple times or it result from the code description.
  6. 9.6If you participate in the K4G VIP program, the fees specified there also apply, however, in this case we do not act as Commercial Agent, but in our own name, and we will invoice you in our own name.

10. K4G Purchase Protection (KPP)

  1. 10.1Within KPP service we facilitate, on behalf of the Suppliers, in exchange for the increased purchase price of the Product, you are entitled to:
    • a)Priority in support systems - all tickets and issues submitted by you will be resolved in the first place;
    • b)Pre-orders priority - your pre-orders will always be put first in line and sent to you before other Users that didn’t buy KPP even if they bought the pre-ordered Product sooner than you
    • c)Product purchase protection - you are assured that if the purchased Product has any defects or is different from its description it will be replaced and if replacement is not possible you will get a full refund
  2. 10.2KPP is not mandatory. You may decide to include the KPP service in your purchase by checking the relevant box in the checkout.
  3. 10.3KPP entitlements are available only for the Products for which you decided to include KPP service in the purchase. You may exercise the rights arising from KPP separately to each purchased Product for which KPP option was selected.
  4. 10.4Within one purchase (if you are buying more than one Product) you may decide to include KPP only to part of the Products you are purchasing. In that case, KPP entitlements may be exercised only to the Products for which KPP was selected.
  5. 10.5Fee for the KPP service is counted individually for each Product and is added to the Product’s purchase price (amount of the fee is indicated in the checkout).
  6. 10.6KPP is effective from the moment you pay the purchase price of the Product (including the fee for the KPP) for which KPP was selected.
  7. 10.7Complaints under KPP are forwarded by K4G to the Supplier for resolution. The provisions of paragraph 19.6 & 19.7 of User’s T&C shall apply. In order to exercise rights arising from KPP related to receipt of defective Product or Product that is different from its description, you should contact us through the support systems available on the Website. If a Product defect is confirmed or it is confirmed that you have received a Product that is contrary to its description, we will contact the Supplier and provide you with the correct Product. If it is not possible to provide you with the correct Product, you will get a refund, which means that you will receive a refund of your payment of the purchase price of the Product (KPP fee is not a subject of refund). Refunds are made in accordance with the provisions of the subsequent section of the User T&C.
  8. 10.8We will take all reasonable efforts to process your complaint under KPP, as soon as possible, however no later than within 14 days from receipt of your complaint. If the Product defect is confirmed and it is decided to make a refund, we will pay out the amount due to you within 5 working days.
  9. 10.9You are not entitled to exercise rights from the KPP if:
    • a)you are in breach of the User T&C in relation to the purchase of the Product covered by KPP, in particular if there are grounds for deletion of your Account specified in the section 18 of the User T&C;
    • b)within your purchase of the Product covered by KPP, you engaged in unlawful activity, for example embezzlement, abuse, fraud, money laundering etc.
  10. 10.10We reserve the right to reverse any refund made to the User who is not entitled to exercise rights from the KPP due to the reasons specified above.
  11. 10.11The User from the European Union may cancel the purchase of the KPP service within 14 days from the date of purchase of the Product covered by KPP (right to withdraw from the contract). In order to exercise your right to withdraw, you need to use a proper tab on the Website or contact us through the support systems available on the Website. However, by purchasing a Product with the KPP service, you agree that the KPP protection will be active as soon as your payment is credited. Therefore:
    • a)If you exercise your rights under the KPP before the end of the withdrawal period, you give us your express consent to begin our service as soon as you make the relevant request (to start it before the lapse of withdrawal period). In this situation, if we perform our service under the KPP, you will lose your right of withdrawal. If you exercise your withdrawal right before we finish our service, we reserve the right to charge you with reasonable costs incurred by us prior to your withdrawal statement.
    • b)You lose your right of withdrawal if the Pre-ordered Product is delivered to you before the lapse of withdrawal period (our service is performed in full) to which you also give us your express consent.
  12. 10.12Nothing in this section excludes or limits your consumer rights arising from generally applicable laws (if these laws apply to you).

11. Refunds

  1. 11.1You have a right to withdraw from the purchase of the Product within 14 days from the purchase subject to the paragraphs below. In order to exercise your right to withdraw, you need to use a proper tab on the Website or contact us through the support systems available on the Website. If you exercise your right to withdraw within said period, you will receive a full refund of your payment (for the Products to which your withdrawal from purchase applies and in the amount actually collected from you).
  2. 11.2However, please bear in mind that all Products available for purchase through the Website are digital content. When your order is correctly paid and processed, you will receive an e-mail with summary of Products you bought and with possibility to access the keys or activation codes to these Products right away - you can gain such access by clicking on "View Key" button (or button with similar meaning).
  3. 11.3When you click on the "View Key" button, you expressly agree to the delivery of the Product before the lapse of term to exercise your right to withdraw from the purchase. This results in the loss of your right to withdraw from the purchase. So, once access to the Product (its key or activation code) has been enabled to you, the sale contract has been fully performed and you no longer can cancel an order.
  4. 11.4However, you will be also entitled to a refund in following cases (if you’ve been charged with any fees or payments):
    • a)the order has been canceled due to the safety reason;
    • b)the order has been canceled due to our fault or fault of our supplier;
    • c)failure to accept the payment by the payment operator's system;
    • d)receipt of the defective Product by the User (provided that you applied for a refund and that the complaint has been accepted);
    • e)resignation from the Pre-order within the term specified in the User T&C;
  5. 11.5If you ordered more than one Product and you withdraw from the purchase of part of the ordered Products only, you will not receive a refund of the Operational/Payment Fee or Additional Service fee.
  6. 11.6The refunds are generally made according to the payment method used by the User, for example, if the User paid for the order with your K4G Balance, the refund is made on the K4G Balance. Acting as a representative of the Supplier, we check if the Refund is due, and if it is, we provide you with Refund from the Supplier.
  7. 11.7If you paid for an order with payment methods other than K4G Balance and you are entitled to a refund, we may offer you a refund into your K4G balance. You are not bound by our offer – if you do not agree to a refund into your K4G balance you will receive a refund according to the payment method you used.
  8. 11.8If in a view of above articles, we acting as representative of Supplier or Supplier himself will decide that your request for refund is justified, the Supplier shall provide you with refund within 72 hours from the day when you receive notification about granting you with refund.

12. Promotional codes

  1. 12.1We acting on behalf of Supplier or Supplier himself may offer Users gift and/or promotional codes that can be used on the Website, for example, for reduction of Product's price by User himself/herself or by another User. The gift and/or code provided by Supplier can be used only for Products he offers. They can be used only once, unless we indicate directly that they can be used multiple times.
  2. 12.2Gift and promotional codes have an expiry date (the date until which they can be used). After the expiry date, the gift or promotion code cannot be used.
  3. 12.3Gift or promotional codes may only be used on the Website. Gift or promotional codes cannot be exchanged for money or for any other property rights. User may not sell gift or promotional codes cannot be exchanged to other Users.

13. Newsletter

  1. 13.1Within the Newsletter, as representative of Suppliers we will send the Users (on a regular basis or at various intervals) information, including commercial information, regarding promotions, new offers, events, competitions, etc. regarding products and/or services offered by us and our suppliers or by our trusted partners. This information will be sent to the e-mail address provided by the User.
  2. 13.2In order to subscribe to the Newsletter you need to provide us with your e-mail address. When you are subscribing to the Newsletter, you agree to the content of the User T&C (which describe this service). That means you agree to receive commercial information.
  3. 13.3The Newsletter service will be active from the moment you receive an e-mail confirming your subscription to the Newsletter. The Newsletter will be provided to you for an indefinite time period. Newsletter service is free of charge.
  4. 13.4You may unsubscribe from the Newsletter (terminate the Newsletter service), at any moment, by sending an e-mail to us with such a request or by using the appropriate link in the messages you will receive.
  5. 13.5We can terminate the Newsletter service at any moment. We will notify you about termination of Newsletter service by sending you an e-mail.

14. Our IP rights

  1. 14.1The K4G have the legal rights to the Website. The use of the Website by the Users on the basis of these T&C does not in any way result in the purchase by Users from us of any intellectual property rights or granting a license to any of the Website's content, unless the provisions of the User T&C clearly state otherwise. To the Website database, software for using the Services, and all other elements and content available on the Website we have the legal rights (or this is a the property of our licensors). This includes in particular: content, word or graphic signs, names, images, graphics, source codes, as well as their selection, combination, layout and available functionalities.
  2. 14.2You can use the Website and the data contained in it only as it is set in the User T&C. This means that you do not have right to:
    • a)translation, adaptation, layout changes or any other changes to the IT system of the Website;
    • b)dissemination, reproduction, copying, use of all or part of the information contained on the Website, unless the provisions our other contracts or documents clearly provide otherwise. This does not apply to the automatic temporary storage of files in the device's memory, which is the result of simply using the Website for purposes consistent with the User T&C and the cases of the law of fair use;
    • c)providing access to the Website and its database to third parties, including making the password available to third parties;
    • d)obtaining information about the internal structure or operating principles of the Website software;
    • e)unauthorized downloading, changing or deleting of data contained on the Website;
    • f)preservation and reproduction of data downloaded from the Website, except for printing only for own purposes, unless the provisions our other contracts or documents provide otherwise

15. Our liability

  1. 15.1We will need to carry out maintenance work on our Website from time to time. In such cases the Website may be temporarily unavailable. The Website may be also temporarily unavailable due to a system failure beyond our control. In such cases, the User or Supplier has no right to make any claims resulting from the temporary inability to use the Services as a result of the above circumstances.
  2. 15.2The Services provided through the Website are basically available on an AS IS and IF AVAILABLE rules. We therefore do not make any express or implied warranties towards the Products, regarding in particular but without limitation to warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose. K4G’s role as a commercial agent is limited to providing the Website as a technical platform and make possible to conclude Agreement between User’s and Suppliers. We indicate that we act only as a representative of the Supplier, and as so, only Supplier is solely responsible for the Order and all issues related to the conclusion of a contract between Supplier and User.
  3. 15.3To the fullest extent permitted by applicable laws:
    • a)We are not liable for any damage caused to the User or Supplier as a result of other User's or Supplier’s use of the Website and Services.
    • b)Users may not make any claims in relation to our Services that are free of charge;
    • c)Liability of K4G, as a commercial agent, is limited to the commissions collected for facilitating transactions. Users acknowledge that any issues related to Product quality, delivery, or payments must be resolved with the Suppliers.
    • c)We are not liable for any damage caused by Supplier or User especially, but not limited to, actions taken by the Supplier or User, for example: - sending, posting or sharing any offensive, unlawful or indecent content, or content that violates the rights of the Commercial Agent, of the other Users, Suppliers or of the third parties, including intellectual property violations; - sending unsolicited commercial information and send offensive, defamatory or inappropriate messages; - taking any actions that may hinder or disrupt the operations of the Website, - attempting to circumvent security measures or network security, including attempting to access third party data (especially hacking Accounts of other Users) and intercepting data; - using our or third party names, logos, trademarks or other intellectual property rights for any unauthorized purpose.
  4. 15.4If we receive an official or credible notification that any content shared, published or posted by the User or Supplier on the Website is illegal (e.g. violates applicable law or the rights of other people, such as copyrights or industrial property rights of third parties), we will block access to such content. In this case, we are not liable towards User or Supplier for any damage resulting from our blocking of access to said content.
  5. 15.5We are also not responsible for the permanent or temporary discontinuation of the Services resulting from force majeure, random events or interference by third parties. Force Majeure means any and all situations that prevent us from fulfilling our obligations, which are beyond our control. For example, force majeure should be considered circumstances such as strikes, nuclear force or random accidents, war or an act of terror, riots, civil unrest, failure of a technical device, hacking, natural disasters (e.g. earthquakes, fires, hurricanes, floods, droughts, tsunamis, volcanic eruptions, etc.) equipment failures resulting from for example dampness of equipment or electronics surges, groundwater infiltration, wall freezing, etc.

16. User’s content

  1. 16.1Users may be able to publish or share various content on the Website (for example: names, texts, opinions, photos, images, avatars, links, etc.).
  2. 16.2Users may post or share any content, at their own risk. By publishing or sharing any content, Users warrant that the content you share or publish is legitimate, in particular does not infringe the rights of third parties (including copyright and industrial property rights). We are not responsible in any way for the content you share or publish.
  3. 16.3We reserve the right to check the content you provide. If we find that your content is inappropriate, offensive or otherwise illegal, we will remove it. However, it is not our responsibility to review the content you provide, unless we receive an abuse report informing us that the content you shared or published infringes rights of any third party.
  4. 16.4When you post or share content on the Website, you grant us with a non-exclusive, worldwide, free of charge license (with sub licensing rights) to use, modify, distribute, transmit and publicly display that content in connection with the Website, within the Website and outside of the Website (however only on the Internet). Your license granted to us is valid as long as your content is not removed from the Website by you or by us.

17. User’s liability

  1. 17.1If, as a result of your use of the Website, third parties bring any claims against us, we will take legal steps against you to release us from such liability. By using the Website, you agree to indemnify us against any claims of any third parties. This applies in particular but not limited to claims related to:
    • a)content posted or shared by you on the Website;
    • b)your breach of the provisions of the User T&C or other rules of using the Website;
    • c)your breach of applicable laws;
    • d)your violation of the rights of third parties.
  2. 17.2The User's obligation to indemnify us survives the termination of the agreements concluded between us and the User.
  3. 17.3The User's obligation to indemnify K4G includes covering any losses, compensation, damages, or penalties imposed on K4G due to the User's actions or omissions. This includes reasonable legal fees and other costs incurred in disputes or claims directly related to the User's obligations.
  4. 17.4The User's indemnification obligations apply to K4G, its directors, employees, agents, and representatives. These obligations remain enforceable even after the termination of this Agreement.
  5. 17.5If K4G is penalized or held liable by any public authority due to the User’s illegal activities or non-compliance, the User agrees to fully reimburse K4G for such penalties and associated damages, including lost income. To secure such claims, K4G may in particular:
    • a)Block funds in the User's Wallet, or
    • b)Deduct amounts from the User's Wallet equivalent to the penalties or damages incurred.
    These remedies are in addition to other penalties or claims outlined in this User T&C.

18. Termination – deleting or suspending the Account

  1. 18.1Deleting an Account means termination of the agreement for provision of Account Service between you and us - the Account is removed from the Website and the User will no longer has access to it.
  2. 18.2Suspending an Account means temporary blocking of User's access to all functionalities of the Account (i.e. the User cannot use all of the Services and place orders).
  3. 18.3The Account may be deleted by the User at any time. In order to delete an Account, the User should contact us by the support systems or contact forms available on the Website. The Account shall be deleted within 7 days from receipt of the request.
  4. 18.4We may temporarily suspend User's Account for important reasons, e.g. if we have reasonable suspicion that User has breached the provisions of the User T&C or infringes the rights of third parties. The suspension of the Account on the above grounds will not be less than 24 hours and not longer than 60 days (with our right to extend the suspension for subsequent periods in justified cases). We decide about the duration of the Account suspension.
  5. 18.5We may also suspend the User's Account for an indefinite period if:
    • a)the User is suspected to use Website or Services for unlawful purposes, such as embezzlement, abuse, fraud, money laundering etc.;
    • b)we have reasonable suspicion to believe that access to the Account was obtained by unauthorized persons;
    • c)we have reasonable suspicion to believe that the User has used a stolen credit card to pay for ordered Product.
  6. 18.6The User's Account may be also deleted by the Commercial Agent with immediate effect, if the User commits the material breach of the provisions of the User T&C. Deletion of the Account by Commercial Agent is possible in particular, but without limitation, in the following situations:
    • a)the User uses the Website to publish unauthorized advertisements, sends unsolicited or harmful messages via e-mail or Website online communicators including but not limited to unsolicited commercial information and so-called "chains";
    • b)The User provides or publishes untrue or misleading information regarding products or services available on the Website;
    • c)Frequent suspensions of the User's Account;
    • d)Confirmed case that the User has used a stolen credit card to pay for ordered Product;
    • e)The User presents himself/herself as a representative of us or answers to press inquiries (or inquiries from other media, social media included) regarding the Website and our Services.
    • f)the User took action(s) regarding which we had reasonable doubts, in particular we consider such actions harmful or undesirable, and the User would not give up these actions within 7 days of receiving the request from us via email
    • g)the User violates or infringe other Users, Suppliers, our or third Party rights
    • h)If User do not agree to the changes or do not actively confirm continuing usage of the Website via request to accept current User T&C by clicking “Approve” on notification that will pop out on User’s account - after Notice period as described in this User T&C.
  7. 18.7Notice of termination (Account deletion or suspension by us) shall be send to the User via e-mail.
  8. 18.8We may also terminate our agreements with Users if we decide to cease our activity related to the Website. In this case, we will give the Users at least 6 months’ notice that will be visible on the Website The Notice is considered to be received by the User on the day of its publication on the Website. After notice period, all Accounts will be deleted.
  9. 18.9We reserve the right to refuse to register a new Account or to provide Services to the User, if the User's previous Account has been suspended or deleted by us for reasons indicated in this section of the User T&C.

19. Complaint procedure

  1. 19.1Any claims related to our Services and to the Products purchased through the Website should be submitted via our online support systems.
  2. 19.2The User’s complaint on the purchased Product should contain at least:
    • a)User’s contact details (if the complaint is submitted by the unregistered User);
    • b)Details of the Product (name, amount of keys or activation codes bought by the User) and date of the purchase;
    • c)Description of the complaint (description of the problem with the delivered Product);
    • d)Claim of the User (e.g. claim for: refund / delivery of a new Product / delivery of a defect-free Product);
  3. 19.3The User’s complaint on other Services should contain at least:
    • a)User’s contact details (if the complaint is submitted by the unregistered User);
    • b)Description of the complaint (description of the problem with the Service provided to you);
    • c)If possible, you should provide proofs justifying the complaint.
  4. 19.4We, acting as representative of the Supplier, will reply to the complaint as soon as possible, but not later than within 14 days of its receipt (however, if we fail to reply within this deadline, it does NOT mean that we automatically considered your complaint as justified, unless otherwise provided in the generally applicable law of your place of residence).
  5. 19.5We will reply to your complaint by e-mail or by online contact channels available on the Website.
  6. 19.6The decision on the method of resolving the complaint (acceptance or rejection of the complaint) rests with the Supplier. However, K4G, when transferring the complaint to the Supplier, may provide its recommendations on how the Supplier should resolve the complaint.
  7. 19.7K4G, as representative of Supplier, is entitled to make a decision regarding the method of resolving the complaint (decisions binding for the Supplier) if the content of the complaint proves its obvious legitimacy (e.g. obvious legitimacy results from the files attached by the User to the complaint.
  8. 19.8If your complaint will be accepted you will receive from Supplier a replacement of Product you ordered for a new one or if the replacement is impossible - a refund 72 hours since accepting your complaint.

20. Applicable laws. Resolution of disputes.

  1. 20.1These User T&C shall be governed by and construed in accordance with the laws of Cyprus.
  2. 20.2The above choice of applicable laws does not exclude nor limit your rights arising from generally applicable laws in your country of residence if you are a Consumer
  3. 20.3We aim to resolve any dispute between us and Users amicably. If you have any queries to us, you can contact us via:
    • a)contact details provided in the User T&C;
    • b)contact forms and support systems available on the Website.
  4. 20.4However, if we fail to reach an amicable solution to the dispute, the disputes will be settled by the courts having jurisdiction over our registered seats.
  5. 20.5The above does not limit your right to start legal proceedings in your country of residence (if you have such a right under the generally applicable laws in your country of residence, in particular if you are a consumer). If you are EU consumer, you have the right to use out-of-court methods of settling disputes arising from contract concluded with us, in particular you have the right to use Online Dispute Resolution platform operated by the European Commission (details on this can be found on this website: http://ec.europa.eu/consumers/odr/).

21. Contact details including User negotiations requests

  1. 21.1You may contact us:
    • a)in writing – to our registered office address: Arch. Makariou & Evagorou, 1-7 MITSI 3, 1st floor, Flat/Office 102, 1065, Nicosia, Cyprus
    • b)through the support systems or contact forms available on the Website
    • c)via e-mail – [email protected]

22. Changes of the T&C

  1. 22.1We reserve the right to change the provisions of the User T&C at any moment, for example if it is necessary due to a change in applicable laws or we changed in the scope of our Services.
  2. 22.2We will notify Users about any changes to the User T&C via notification placed on the Website and available for each User in their individual account if applicable (pop-up) or it can be sent via email at least 14 days in advance. We will also publish the amended content of the User T&C on the Website. The Notice is considered to be received by the User on the day of its publication on the Website or in case we send the notification via email – the day of as of the date the email is sent from our server or even before - upon receipt of a notification available to each User on his individual account. Notification on the individual account determines each User requirement to actively confirm continuing usage of the Website considering the current User T&C.
  3. 22.3Changes to the User T&C will come into force within 14 days following its receipt or as stipulated within the Notice (unless we provide longer term). The changes can come into force in earlier term if the User will give his consent for the proposed changes by clicking the Approve bottom (in case of pop out notification) or by responding to email. Changes to the User T&C related to our data (our name, registered office address, contact details etc.) or changes to the Website's domain address may enter into force without notice period.
  4. 22.4Changes will not affect any transactions concluded before entry in force of the new User T&C.
  5. 22.5If you continue to use our Website after the entry into force of amended User T&C, we will assume that you agree to the changes. If you do not agree to the changes or do not actively confirm continuing usage of the Website via request to accept current User T&C by clicking “Approve” on notification that will pop out on your account, you will no longer be able to use the Website.

23. Personal data

  1. 23.1All personal data is collected and processed by us in accordance with applicable laws and our Privacy Policy.

24. Final provisions

  1. 24.1These User T&C are available on the Website free of charge in a manner enabling its recording
  2. 24.2These User T&C may be also available in languages other than English. However, in case of any discrepancies between the language versions, the English version shall prevail.
  3. 24.3If any provision of these User T&C should be found invalid or ineffective, such provision shall be omitted, which does not affect the validity of the remaining provisions of the User T&C.