Terms & Conditions
1. General provisions
- 1.1This document comprises the terms and conditions of our website and it contains rules on how you can use this website. In particular, it constitutes a legally binding agreement between you (User) and us (Service Provider) for use of the services we provide through our website. This agreement will be binding on you and us once you register an account with 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 this document the following terms shall have the following meaning:
- 2.1“Service Provider” or “we” or “us” – Pybe OÜ, a company registered under the laws of Estonia, registered office address: Sepapaja 6 – Tallinn 15551 – Estonia, company registration no. 16150380;
- 2.2“Website” – website, available at https://lexup.io with all of its subdomains;
- 2.3“T&C” – this document (with all attachments and schedules hereto);
- 2.4“Services” – any services available on the Website, provided by the Service Provider;
- 2.5“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 an 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;
- 2.6“Account” – a personalized part of the Website assigned to each registered User, where User’s data is stored.
- 2.7“Product” – goods in the digital form, offered via the Website, especially video game keys or game activation codes;
- 2.8“Wallet” – electronic wallet available on the Website for registered Users (assigned to each Account), in which User’s funds are stored. Wallet funds may be used only on the Website and on the terms specified in T&C;
- 2.10“working days” – days from Monday to Friday, excluding public holidays in the country of Service Provider registered seats;
Singular expressions also apply to the plural when the context so requires, and vice versa.
- 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). Basically, 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.
- 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.
- 3.3We 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.
- 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 Service Provider, of the other Users or of the third parties,
- 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;
- 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 (concluded under these T&C), unless (a) we provide otherwise or (b) the provisions of generally applicable law provide otherwise.
4. Minimal requirement
- 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,
5. User’s Account
- 5.1Creating an Account requires you to provide the data required 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 T&C. Creating an Account is free of charge.
- 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.
- 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.
- 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.
6. Updates & maintenance
- 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.
- 6.2We reserve the right to suspend the provision of Services for justified technical reasons or due to necessary maintenance works. If possible, we will inform you in advance about such suspensions.
- 7.1The Wallet is assigned to each Account.
- 7.2Wallet of each User contains “Lexup Balance”. The funds accumulated in the Lexup Balance may be used by the User in order to purchase the Products only. The funds accumulated on the Lexup Balance cannot be paid out or withdrawn.
8. Orders and payments
- 8.1Payments for the purchase of the Products are made through external payment operators. In the Website you can find payment operators through which it is possible to pay for the purchase of Products.
- 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).
- 8.2In order to purchase the Product, you need to place an order. Only registered Users can place an order for a Product(s). Placing an order requires you to:
- a)choose the Product(s) you wish to purchase;
- b)choose the region – place from which you make a purchase (we may verify it by your IP address);
- c)choose the payment method;
- d)click on the “Order and Pay” button (or another button with the similar, appropriate description);
- 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.
- 8.4Depending on your choice of payment method we may charge you with fees stipulated in section 9 of the T&C.
- 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.
- 8.6The total cost of the order (Product purchase price including all fees and applicable taxes) will be indicated in the checkout before the order is placed.
- 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).
- 8.8Prices 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.
- 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.
- 8.10The Product shall be delivered to the User no later than within 1 working day from receipt of the User’s payment by Service Provider. 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.
- 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:
- 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).
- 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.
- 9.1When you make a purchase of the Product on the Website, we will charge you with our fee, depending on the method of payment you chose.
- 9.2The amount of our fee depends on the 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.
- 9.3Depending on your choice of payment method, the fee 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).
- 10.1You have a right to withdraw from the purchase of the Product within 14 days from the purchase. 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).
- 10.2However, 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).
- 10.3When 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.
- 10.4However, 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 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 T&C;
- 10.5If 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 Fee.
- 10.6The refunds are generally made according to the payment method used by the User, for example, if the User paid for the order with your Lexup Balance, the refund is made on the Lexup Balance.
- 10.7If you paid for an order with payment methods other than Lexup Balance and you are entitled to a refund, we may offer you a refund into your Lexup balance. You are not bound by our offer – if you do not agree to a refund into your Lexup balance you will receive a refund according to the payment method you used.
11. Promotional codes
- 11.1We may offer Users gift and/or promotional codes that can be used, for example, for reduction of Product’s price by User himself/herself or by another User.
- 11.2Gift 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.
- 11.3Gift 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.
- 12.1Within the Newsletter 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.
- 12.2In 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 T&C (which describe this service). That means you agree to receive commercial information.
- 12.3The 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.
- 12.4You 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.
- 12.5We may also terminate the Newsletter service at any moment. We will notify you about termination of Newsletter service by sending you an e-mail.
13. Our IP rights
- 13.1The Website is our property. 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 T&C clearly state otherwise. The Website database, software for using the Services, and all other elements and content available on the Website are our sole intellectual property (or 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.
- 13.2You can use the Website and the data contained in it only as it is set in the 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 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
14. Our liability
- 14.1We 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 Seller has no right to make any claims resulting from the temporary inability to use the Services as a result of the above circumstances.
- 14.2The 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.
- 14.3To the fullest extent permitted by applicable laws:
- a)The Service Provider is not liable for any damage caused to the User as a result of other User’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 the Service Provider towards User for each transaction concluded via the Website (especially purchase of the Products) is limited to: (a) the amount equal to the amounts that the User has actually paid to the Service Provider or (b) the amount of 1.000 EUR (one thousand euro) – whichever is lower.
- 14.4If we receive an official or credible notification that any content shared, published or posted by the User 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 for any damage resulting from our blocking of access to said content.
- 14.5We 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.
15. User’s content
- 15.1Users may be able to publish or share various content on the Website (for example: names, texts, opinions, photos, images, avatars, links, etc.).
- 15.2If you post or share any content, you do so at your own risk. By publishing or sharing any content, you 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.
- 15.3We 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.
- 15.4When 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.
16. User’s liability
- 16.1If, 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 T&C or other rules of using the Website;
- c)your breach of applicable laws;
- d)your violation of the rights of third parties.
- 16.2The User’s obligation to indemnify Service Provider survives the termination of the agreements concluded between Service Provider and the User.
17. Termination – deleting or suspending the Account
- 17.1Deleting 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.
- 17.2Suspending 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).
- 17.3The Account may be deleted by the User at any time. In order to delete an Account, the User should contact the Service Provider through the support systems or contact forms available on the Website. The Account shall be deleted within 7 days from receipt of the request.
- 17.4We may temporarily suspend User’s Account for important reasons, e.g. if we have reasonable suspicion that User has breached the provisions of the 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.
- 17.5We 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;
- 17.6The User’s Account may be also deleted by the Service Provider with immediate effect, if the User commits the material breach of the provisions of the T&C. Deletion of the Account by Service Provider 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 the Service Provider 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 the Service Provider had reasonable doubts, in particular Service Provider considers such actions harmful or undesirable, and the User would not give up these actions within 7 days of receiving the request from the Service Provider via email.
- 17.7Notice of termination (Account deletion or suspension by us) shall be send to the User via e-mail.
- 17.8We 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 via e-mail. After notice period, all Accounts will be deleted.
- 17.9We 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 T&C.
18. Complaint procedure
- 18.1Any claims related to our Services and to the Products purchased through the Website should be submitted via our online support systems.
- 18.2The 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);
- 18.3The 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.
- 18.4We 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).
- 18.5We will reply to your complaint by e-mail or by online contact channels available on the Website.
19. Applicable laws. Resolution of disputes.
- 19.1These T&C shall be governed by and construed in accordance with the laws of Lithuania.
- 19.2The 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.
- 19.3We 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 T&C;
- b)contact forms and support systems available on the Website.
- 19.4However, 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.
- 19.5The 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/).
20. Contact details
- 20.1You may contact us:
- a)in writing – to our registered office address: Sepapaja 6 – Tallinn 15551 – Estonia
- b)through the support systems or contact forms available on the Website
- c)via e-mail –firstname.lastname@example.org
21. Changes of the T&C
- 21.1We reserve the right to change the provisions of the 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.
- 21.2We will notify Users about any changes to the T&C via e-mail. We will also publish the amended content of the T&C on the Website.
- 21.3Changes to the T&C will come into force within 7 days from the e-mail notification (unless we provide longer term). Changes to the 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.
- 21.4Changes will not affect any transactions concluded before entry in force of the new T&C.
- 21.5If you continue to use our Website after the entry into force of amended T&C, we will assume that you agree to the changes. If you do not agree to the changes, you will no longer be able to use the Website.
22. Personal data
23. Final provisions
- 23.1These T&C are available on the Website free of charge in a manner enabling its recording.
- 23.2These 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.
- 23.3If any provision of these 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 T&C.