LEXUP

ACCEPTANCE OF DIGITAL CONTENT – TERMS AND CONDITIONS OF SALE

 

Please read the following terms and conditions of sale before purchasing access codes for games and/or digital content on this website.

 

1. Who we are

1.1. These terms and conditions (the “Terms”) govern the sale and supply by PYBE OÜ, a private company incorporated under the laws of Estonia with registration number 16150380 and whose registered office is located at Sepapaja tn 6 Tallinn Harjumaa 15551 Estonia (“Lexup”, “we”, “us”, “our”) of access codes to digital content through the www.lexup.io website and our mobile applications (the “Website”).

 

1.2 Our Website lists various digital content, for example downloadable game titles and other downloadable content (“Content”). We sell on the Website official keys and accounts, issued by the publisher and/or developer of the relevant Content (“Developer”), which allow the user to unlock, access and download the relevant Content from the Developer’s platform (“Code(s)”). We are not the developer of the Content and do not own or operate the Developer Platform. In addition to these Terms, you may also be subject to the Developer’s end user license agreement and other terms and conditions related to its content and platform.

 

2. How to contact us

2.1. You can contact us through the support and “contact” links on the Website (https://lexup.io/contact-us/) or by logging into our Livechat ( Located in the bottom right hand corner of all pages on our website) and registering a customer support request or ticket or by emailing us at support@lexup.io.

2.2. If we need to contact you, we will do so via the email address you provided in your user account settings.

 

3. About you

3.1. In order to purchase codes on the Website, you must have a valid user account for the Website (“User Account”), a valid payment method that we accept, be authorised to use that payment method (e.g. it is in your name or you have the right to use it) and a mobile phone, computer, television, watch or other supported device (“Device”) capable of accessing and downloading content. You must keep your user account details secure and must not share them with anyone.

 

3.2. If the law of your country considers you to be a minor, you must have the permission of your parent or legal guardian to purchase codes from us and to enter into these Terms.

 

3.3 Certain content is subject to age restrictions and therefore codes for such content will not be sold to persons under the required age when we become aware of this fact. You must comply with any age restrictions that may apply to the purchase and use of any content. If the law in your country considers you to be a minor, it is the responsibility of you and your parent or legal guardian to ensure that you purchase age-appropriate content.

 

4. Your device and your data

4.1. Before placing your order, you must check that the hardware and software requirements of your device will allow you to access and download the content.

 

4.2. You are responsible for any third party access or data charges (such as your internet service provider and mobile phone operator) in connection with your use of the Website, including your purchase of codes and your downloading and accessing of the Content. Please check the file size of your Content carefully, as if you use too much data, you may exceed your data limit and pay more than expected.

 

5. Your privacy and personal data

5.1. Any personal data you provide to us will be processed in accordance with our privacy notice, which explains what personal data we collect from you, how and why we collect, store, use and share that information and your rights in relation to your personal data. Our privacy notice is available at https://lexup.io/privacy-policy/.

 

6. Our contract with you

6.1. Applicable terms. When you purchase codes through the Website, you are entering into a contract with us for the provision of codes to access and download Developer Platform Content. You will be legally bound by all of the following terms:

 

6.1.1. these Terms ;

6.1.2. our Terms of Use, which govern your access to and use of our Website;

6.1.3. the terms and conditions of our Affiliate Programme and any documents referred to in them, if you are a member of our Affiliate Programme;

6.1.4. the terms and conditions of our Wallet; and

6.1.5. additional terms and conditions which may supplement or replace any part of this Agreement. This may occur for security, legal or regulatory reasons. We will contact you to inform you of our intention to do so by giving you 30 days’ notice. You may terminate this agreement by giving us 30 days’ notice by email to support@lexup.io if we inform you that additional terms apply and you do not accept them.

6.2. Specific terms applicable to certain content. We sell codes to access and download content, but we are not the developer of the content. You may need to visit a Developer’s platform to verify your Code (see section 10) and download the relevant Content. In addition to the terms of this Agreement, you must also comply with the Developer’s end user licence agreement and other terms and conditions relating to its Content and platform. If you wish to review these specific terms, please go to the web page of the relevant Content and click on the “information” button before making your purchase.

 

6.3. Language and filing of the agreement. We may make these terms available in languages other than English. The details of this contract will not be filed by us with any competent authority.

 

7. Key information

7.1. We sell codes and Accounts for Content that you can download to your Device from the Developer platform. All Content displayed on the Website for which we sell codes is accompanied by the key features of the relevant product, including the version or edition of the Content, which may not be the latest version or edition, details of any base game title to which the Code and Content relate and details of where you can find the Developer’s end user licence agreement. Images of the Content on the Website are provided for illustrative purposes only. Descriptions of the Content may include videos and still images that do not represent actual gameplay.

 

7.2. After you have purchased a Code or an Account for a specific Content, you may contact the customer service team, as described in Section 2.1, if you have any questions regarding support.

 

7.3. We do not provide upgrades or updates to your Content after you have purchased codes or Accounts from us and we do not inform you whether the Developer of your Content makes upgrades or updates available to you or whether these are generally available. codes that you may purchase from us only allow you to access and download Content. The codes you may purchase do not entitle you to updates, upgrades, new versions of the content unless the developer of your content provides them to you in accordance with the developer’s end user licence agreement or other agreement with you. However, in most cases, the developer will require additional payment from you for updates, upgrades, new releases or new versions of the content.

 

8. Ordering from us

8.1. Placing an order. You may place an order for a Code for specific Content by logging into your User Account or using “Guest” mode, clicking on the game title or other digital content of your choice; selecting the available editions or features; clicking the ̈Buy Now’ button; checking your order summary; confirming your acceptance of these Terms, choosing your payment method and clicking the “Checkout” button. Please read and check your order carefully before submitting it. If you need to correct any errors, you can do so on the website before submitting it to us. When you place your order at the end of the online shopping process (for example, when you click the “Checkout” button), it does not mean that we have accepted your order. We will send you our confirmation email (see section 8.3 below) if we accept your order.

 

8.2. If we cannot accept your order. We reserve the right not to accept your order. We may contact you to inform you that we are unable to accept your order. This may be for one or more of the following reasons:

 

8.2.1. the content is unavailable;

8.2.2. the Code for the content in question is not available; or

8.2.3. we are unable to authorise your payment;

8.2.4. you are not authorised to purchase the Code and/or Content;

8.2.5. we are not authorised to sell you the Code; and/or

8.2.6. there is an error in the prize or the description of the Game.

8.3. How we acknowledge and accept your order. If we accept your order, we will normally send you a confirmation email (“Confirmation Email”). At that point a legally binding contract will be established between you and us and performance of the contract will commence.

 

8.4. Access to your Code. When we accept your order and you receive our confirmation email, you will be able to access the Code of the relevant content in your user account. The second confirmation email (“Your Game is Ready”) also contains the relevant Code. You must access the Code through your user account. Please see section 9 below for information on how to use your Code to access your Content.

 

8.5. Pre-orders. You may be able to pre-order a Code for non-broadcast Content. Pre-orders are made in the same way as described in section 8.1 above. We will send you our confirmation email if we accept your pre-order. You will not receive your Code until the Content is generally released by the Developer. We will send you an email to inform you of the availability of your Code in your user account, which will not be until the Content is generally published by the Developer. You may cancel your pre-order of this Code by sending us an unequivocal cancellation request by email to support@lexup.io at any time up to the point where we will send you an email to inform you of the availability of your Code in your User Account. Thereafter, your right to cancel may only be exercised in accordance with clauses 11.2 and 11.3 below or as otherwise provided in this Agreement. We shall cancel your pre-order and refund you if codes for Content are withdrawn from sale through the Website before the Content is generally released by the Developer and we reserve the right to cancel your pre-order and refund you in full in the event that the price changes before the Content is generally released by the Developer and the Code is made available to you in your User Account.

 

8.6. Unusual activity. Very occasionally, we may need to refuse or cancel an order or close or freeze a User Account even if we have previously confirmed an order, for example if we identify something unusual about an order or User Account. If this happens to you and you think we have made a mistake, please contact the Customer Services Team (see section 2.1 above).

 

9. Accessing your Code and content

9.1. Using your Code. Once you have clicked the “Order” button (see section 8.1) and received the confirmation email (see section 8.3), you will be able to access your Code in your user account, unless you have pre-ordered (see section 8.5). You will be able to use your Code to access and download Content from the Developer’s platform. In most cases, you will need to visit the Developer’s platform to verify your Account Code to access and download the relevant Content. The Code will be considered “used” once it has been accepted and validated on the Developer’s platform.

 

9.2 We are not responsible for delays beyond our control. If an event beyond our control occurs on our website or on the means we provide or you have access to for accessing your Code which affects your ability to access and download Content, we will use our best endeavours to inform you when you will be able to access your Code or we will take steps to minimise the effect of the delay. If we do this, we will not be responsible for any delays caused by the event, but if there is a risk of a significant delay, you may contact us to terminate the contract and receive a refund for any Code you have paid for but not received (see section 11 below).

 

9.3. Account banned or closed on the developer’s platform. We are not liable to you and will not refund the price paid for a Code if you are unable to use a Code or if your access to relevant Content is denied, blocked or terminated because you are banned (temporarily or permanently) by the relevant Developer from accessing and/or using the Developer’s platform.

 

10. Pricing and payment

10.1. Where to find the price of codes. The price to be paid for codes is the price displayed in relation to the particular Content on the order pages when you place your order. The price of codes is generally expressed by default in the national currency of the location from which you access the website. You can choose another currency from the options available on the website. In this case, the price of the codes/counts will be displayed and paid in the chosen currency. If VAT is payable on our sale of codes/discounts, the price we display will include VAT at the applicable rate. Prices do not include the cost of mobile data or any other costs charged by your mobile communications provider. The prices and availability of all codes/counts displayed on the Website are subject to change at any time prior to purchase.

 

10.2. We will pass on changes in the rate of VAT. If the VAT rate changes between the date of your order and the date we supply the content, we will adjust the VAT rate you pay, unless you have already paid for the content in full before the change in VAT rate takes effect.

 

10.3 What happens if we get the price wrong? It may happen that we publish the wrong price or product information by mistake. If this happens to codes you have ordered, we will inform you as soon as possible by email and give you the opportunity to reconfirm your order (at the correct price or with other correct information) or cancel the order. If we do not hear from you, we will treat your order as cancelled. If you cancel and you have already paid us, we will give you a full refund.

 

10.4. When you must pay and how to pay. We do not accept cash but we do accept most major brands of payment cards, which are specified at the payment stage of our online ordering process. All payment cards must be authorised by the relevant card issuer or payment processing provider. We may make available to you various payment processing methods in addition to the payment card to facilitate your purchase of codes on the website. You must comply with any relevant terms and conditions of any payment processing provider you choose to use to pay for codes/discounts. We may add or remove payment processing methods on the Website at our own discretion.

 

10.5. Security. We will use our best endeavours to ensure that the information you provide to us when paying for codes is secure by using a secure encrypted payment mechanism. However, in the absence of negligence on our part, a breach by us of this Agreement or our Privacy Notice (see section 5.1) or a breach by us of our obligations under applicable law, we will not be legally liable to you for any loss or damage you may suffer if a third party gains unauthorised access to any information you provide to us.

 

10.6 Affiliate Program. If you are a member of our Affiliate Program, we may award you Wallet Credits in accordance with the Affiliate Program’s terms and conditions. As described in section

 

10.7 below, Wallet Credits may be used to reduce the price of certain codes that we sell. When you place an order (see section 8.1), you must select in your order summary the option to use your Wallet Credits for your order to benefit from a price reduction. This option cannot be exercised after you have placed your order.

 

10.7 Wallet Credits. We may from time to time grant you a user credit which you may use to reduce the price of certain codes that we sell. These user credits (Wallet Credits) may be granted to you, for example, because you participate in one of our social media campaigns or because of your membership of our affiliate programme. Wallet Credits may have additional terms and conditions that apply to you, but these will be clearly highlighted when you receive them. To use your Wallet Credits to reduce the price of certain codes we sell, you will need to select this option during the checkout process (see section 8.1) on the order summary page. This option cannot be exercised after you have placed your order.

 

11. Your rights to terminate the contract

11.1. Termination of the contract because of something we have done or will do. If you terminate your contract with us for any of the reasons set out in clauses 11.1.1 to 11.1.5 below, the contract will end immediately and we will give you a full refund of any Codes that have not been supplied and you may also be entitled to compensation. The reasons for this are as follows

 

11.1.1. we have informed you of an impending change to the Code, the Content or these Terms which you do not accept;

11.1.2. we have informed you of an error in the price or description of the Code you have ordered and you do not wish to proceed;

11.1.3. there is a risk that the supply of the Code will be significantly delayed due to events beyond our control;

11.1.4. we have suspended the supply of the Code for technical reasons, or we inform you that we will suspend them for technical reasons, in each case for a period in excess of forty-eight (48) hours; or

11.1.5. you have the legal right to terminate the Agreement due to our fault.

 

11.2. No right to cancel this Agreement once you have validated your Code. When you purchase a Code from us and use it (see section 9.1), you accept and consent to the immediate performance of this Agreement and waive any legal right of withdrawal or cancellation you may have. Therefore, you do not have the right to change your mind and receive a refund once you have used your Code for the purpose of downloading Content.

 

11.3 Refunds. If you are entitled to a refund due to:

 

11.3.1. a remedy due to you under clause 15.2;

we will refund the price you paid for the Code by the method you used for payment (unless otherwise agreed) within 14 days of you notifying us of your decision to take a price reduction or to cancel or terminate the Contract in accordance with these Terms.

 

12. Licensing of Content

12.1. content license. When you purchase a Code pursuant to these Terms, you will not own the relevant Content. Instead, you will receive permission from the Developer to use the Content (also referred to as a “licence”) so that you may use and enjoy it in accordance with the Developer’s end user licence agreement.

 

12.2. Other rights reserved. Unless you are granted permission to use the Content in accordance with Section 12.1, you will not obtain any ownership or other rights of any kind in the Content or any copy thereof. All right, title and interest in and to the Website, the Code and the Content not expressly granted to you under these Terms is reserved. Your use of the Content will be governed by the additional terms of the end user licence agreement between you and the Developer.

 

12.3. Restrictions. The Code you purchase is personal to you. You may use it anywhere in the world, but only if you comply with local laws, the terms of this Agreement and the Developer’s end user license agreement. The Content is non-proprietary to you, so the Developer may provide the same or similar Content to other users. The Content may only be used on a single Device. You may not copy the Content, except for a reasonable number of necessary backups, modify it (which means, in particular, that you may not adapt, reverse engineer, decompile or attempt to extract the source code, except as permitted by law), combine, merge or use it in any other computer program, or distribute or sell it to a third party. The Content does not include any updates, upgrades, new versions or new models. The Content contains information that is proprietary to third parties. You must not obscure, alter or remove any marks indicating the owner of such information, such as copyright marks (©), registered marks (®) or unregistered marks (TM).

 

13. Our rights to terminate the contract

13.1. We may terminate the contract for the codes at any time by contacting you by email if:

 

13.1.1. you fail to comply with any of the terms of the contract (i.e. any of these terms or the terms contained in the other documents listed in clause 6.1) ;

13.1.2. your payment card or other payment method fails and/or is cancelled after we have sent you our confirmation email; and/or

13.1.3. any of the circumstances set out in clause 8.6 occur.

13.2 If we terminate this Agreement

 

13.2.1. it will not affect our right to receive any money owed to us by you under this Agreement;

13.2.2. your access to the Website and/or your User Account will terminate without any refund or liability to you;

13.2.3. your rights to use the Code will be revoked without refund or liability to you; and

13.2.4. it will not affect any provisions of the Agreement which are intended to operate or take effect after termination and will not affect any existing rights or obligations or any rights or obligations which are intended to commence or continue after termination of the Agreement.

13.3. You agree that no court order is required to enforce the termination of this Agreement by you or us where the termination is effected in accordance with its terms.

 

14. Nature of codes and content

14.1 You may have certain legal rights in relation to the codes we sell and the related content, for example that they are of satisfactory quality, fit for purpose and correspond to their description. We will comply with applicable consumer laws when selling codes. When we supply a Code, we will endeavour to ensure that it is free from defects, viruses and other malicious content. We do not promise that the content is compatible with any third party software or equipment unless we have indicated that it is on the website. You acknowledge that the Code and/or the Content may contain errors or minor bugs.

 

15. Defective codes

15.1 Once a Code you have purchased is made available or accessible to you, you must check the Code as soon as possible to ensure that it works and performs as stated, and inform us as soon as possible if you find any errors or defects.

 

15.2. Please contact us using the contact details at the top of this page if you would like us to: replace the Code; reduce the price; or reject the Code and obtain a refund.

 

15.3. To avoid defects in codes, you must:

 

15.3.1 ensure that, if it is necessary for you to have a particular basic game title in order to use the Content, you: (i) have the version of the base game title that corresponds to the Content to which the Code relates; and (ii) have installed on the base game title all necessary patches, updates and upgrades that the relevant Developer generally makes available from time to time. We shall not be liable for any non-compliance with the Code due to your failure to have the necessary version of the base game title and/or your failure to install a patch, update or upgrade after the relevant Developer has made it generally available;

15.3.2. use the Code and the Content only on the recommended third party software and equipment listed on the Website and the Developer’s Website; and

15.3.3. not to communicate or share the Code with anyone else, as it may only be used once.

15.4. You agree to co-operate with us where reasonably possible and necessary in order for us to determine whether any failure of the Code is caused by your Device (for example, the hardware, software and any network connection used by you to access and use the Code).

 

16. Limitation of our liability to you

16.1. If we fail to comply with these Terms, we are liable for any loss or damage suffered by you which is the foreseeable result of our breach of this Agreement or our failure to use reasonable care and skill, but we are not liable for any loss or damage which is not foreseeable. A loss or damage is foreseeable if it is obvious that it will occur or if, at the time of entering into the contract, you and we knew that it might occur, for example, if you discussed it with us during the sales process.

 

16.2. We do not exclude or limit our liability to you in any way where it would be illegal to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of your statutory rights in relation to the codes.

 

16.3. If defective codes supplied by us damage any device or digital content belonging to you and this is due to our lack of reasonable care and skill, we will repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our or a developer’s advice to apply an update that is offered to you free of charge or for damage that was caused by you not following installation or other instructions correctly or not implementing the minimum configuration recommended by us and/or the developer.

 

16.4. We provide codes for domestic and private use only. If you use the codes for commercial, business or resale purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

17. Other Important Terms

17.1. Transfer of rights. We may transfer or assign our rights and obligations under these Terms to another organisation. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

 

17.2. Severability. Each section of these Terms operates separately. If a court or competent authority decides that one or more of these sections or parts thereof are illegal, the remaining sections and parts shall remain in full force and effect.

 

17.3. Even if we delay in enforcing this Agreement, we may still enforce it later. If we do not immediately insist that you do what you are required to do under these Terms, or if we delay taking action against you for breach of these Terms, this does not mean that you are not required to do those things and it will not prevent us from taking action against you at a later date.

 

17.4. Rights and remedies. The rights and remedies provided by the Terms are in addition to, and not exclusive of, any rights and remedies provided by applicable law.

 

17.5. Applicable law: These Terms are governed by European law. Any dispute shall be subject to the jurisdiction of the European courts. Nothing in this Section 17.5 limits or excludes mandatory consumer protections applicable in the country of your residence which we are required to observe.

 

17.6. Time: References to time shall be construed by reference to the Gregorian calendar.

 

18. Updating these Terms

18.1. We may change these Terms from time to time. Please check these Terms each time you order codes to ensure that you agree to the terms that apply at that time, as the new terms will apply to all subsequent purchases. Any changes to these terms and conditions made after we have accepted your order will not affect your order.

 

18.2. These Terms were last amended on 4 November 2021. Previous versions of these Terms, including their effective dates, are available here.

Please read the following Terms and Conditions before purchasing access codes to games and/or digital content on this website.

Lexup.io
Logo
Register New Account
Reset Password
Shopping cart