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Terms & Conditions

Version 1.1, last amended 2020-02-17

General Provisions

Applicability of the Terms and Conditions

Customers who are prohibited from using the Website due to the regulations of the state or regional restrictions, including the country/region of current residence of the Customer and place of use of services, are hereby asked to refrain from using the Website.
The Customer confirms that he/she is at least 16 (sixteen) years old or reached age under respective country’s laws which allow them to assume responsibility for obligations emerging from contractual relations and has a full capacity to take legal actions. Also, the Customer confirms that there are no restrictions under respective country’s laws to use Services provided by LIVECARDS.
LIVECARDS has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of Terms and Conditions on the Website. It is the Customer’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using of the Website and the Services, the Customer confirms being bound by all changes to the Terms and Conditions. The amendments of Terms and Conditions come into effect in 10 (ten) days after the announcement on the Website unless it is explicitly stated otherwise.
LIVECARDS communicates with the Customer by sending e-mails or through the Website Account’s electronical system by leaving notices to them. The Customer unconditionally consent to receive communications electronically and agrees that all agreements, notices, disclosures and other communications that LIVECARDS electronically provides meet any legal requirements of such communication in writing.

Forming a Sales Contract

Each Order placed by the Customer through the Website shall be deemed to be an offer by the Customer to buy Products subject to these Terms and Conditions. LIVECARDS has the right to verify Customer’s method of payment, billing and shipping addresses before accepting the Customer’s Order. LIVECARDS shall either expressly accept by giving notice of acceptance, or impliedly by fulfilling the Order, in whole or in part. Any form of acceptance by LIVECARDS will result into a Sales Contract between Vendor and the Customer, governed by these Terms and Conditions.
The Customer can purchase Products (codes) to activate games through the game's platform. No Order shall be considered to be accepted by LIVECARDS until the ordered Products (digital goods) have been made available and the Customer receives the relevant confirmation email. LIVECARDS shall attempt to notify the Customer in case LIVECARDS declines to accept an Order using the email address or other contact information the Customer has provided with the Order. Once the code has been validated (by being accepted by the platform), it will be considered as “used”.
No terms, conditions or specifications – or any similar wording or document – endorsed upon, delivered with or contained in the Customer’s Order, shall form part of the Sales Contract entered into upon Order confirmation simply as a result of such document being referred to in the Sales Contract and the Customer waives any right which it otherwise might have to rely on such terms.
LIVECARDS shall execute Orders to the Customer's requirements but may – at its sole discretion – provide substitute Products where requested by the Customer, or where the Product has been superseded by the latest version. For the avoidance of any doubt, any past accommodations of such Customer requests shall not be construed as past contractual performance upon which a Customer may require LIVECARDS to continue accommodating such requests in the future. To the extent that Orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back Order to be fulfilled when LIVECARDS next has available stock or be cancelled and refunded to the Customer.
Both LIVECARDS and the Customer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not set out in the Sales Contract entered into upon Order confirmation or in any confirmation email; without however such confirmation email constituting an amendment of the Terms and Conditions governing such Sales Contract. Nothing in these Terms and Conditions shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.
Instructions for making payments through the Website could be found here. These instructions are the integral part of the Terms and Conditions.

Termination and Refunds

Considering the digital nature of the Products (activation codes) marketed and sold through the Website, the Customer may submit a request for a refund to the absolute condition that the purchased Product (activation code) has not been viewed on LIVECARDS platform. Refund requests have to be filled through the Customer Support section of the Website within 14 (fourteen) days of the delivery of the Product (activation code) by LIVECARDS to the Customer
Please note that usually LIVECARDS is unable to check whether the Product has been used after the purchase. Therefore, in accordance with the law, the Customer agrees and acknowledges that he/she will lose the right of withdrawal and to request for a refund as soon as the Customer views the Product (activation code). If the request is granted, the refund process may take up to 14 (fourteen) days to be completed.
After the Product has been viewed on LIVECARDS platform, the Customer is entitled to get a refund for it from LIVECARDS only if:

the Product (activation code) is not as described (some content is missing, version is wrong, code is for different platform, etc.); or
the Product (activation code) is not working as expected (indicated as invalid or used when the Customer tries to activate it on the right platform).

If the Customer’s request for a refund is granted, LIVECARDS will return money paid by the Customer to the same source, from which the original payment was made.
In order for the Customer to exercise his/her rights under Section 4.3, the Customer must present to LIVECARDS sufficient proof of the relevant deficiencies as well as proof that such deficiencies already existed during the time of the purchase of the Digital Product.

Product Prices

The prices of the Products will be as quoted on our Website. LIVECARDS takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However if we discover an error in the price of Product(s) you ordered, Section 5.3 will apply.
Prices for LIVECARDS Products may change from time to time, but changes will not affect any already concluded Sales Contracts.
LIVECARDS Website contains a large number of Products. It is always possible that, despite LIVECARDS reasonable efforts, some of the Products on the Website may be incorrectly priced. If LIVECARDS discovers an error in the price of the Products the Customer has ordered LIVECARDS will write to the Customer, to inform the Customer of this error and LIVECARDS will give the Customer the option of continuing to purchase the Product at the correct price or cancelling Customer’s Order. LIVECARDS will not process Customer’s Order until LIVECARDS will have Customers’ instructions. If LIVECARDS is unable to contact the Customer using the contact details provided by the Customer during the Order process, LIVECARDS will treat the Order as cancelled and notify the Customer. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by the Customer as a mispricing, LIVECARDS does not have to provide the Products to the Customer at the incorrect (lower) price.

Users Accounts

The person who wants to access all Services provided in the Website must register and create an Account. However, user account will not be necessary in order to purchase Products in the Website. Registration proceeds by filling in all the necessary information into registration form which could be found in the Website. The person will be asked to submit his username, email address, password and other information. In order to complete registration, the person will have to accept Terms and Conditions and Privacy Policy and any other Website documentation, if any. Lack of providing any information which, in the sole discretion of LIVECARDS, is required in order to verify any such new user (regardless if such information is required in these Terms and Conditions), is considered grounds for refusal to proceed with the registration.
Registration on the Website by the Customer is equivalent to such person having read, understood and accepted these Terms and Conditions in full, including the Privacy Policy and any other Website’s documentation, and has consented to the processing by LIVECARDS now and in the future, of personal data transferred to LIVECARDS during the Website registration process. Regardless of the abovementioned, a person who has not registered with the Website and has not obtained an Account, is also regarded as having accepted these Terms and Conditions, the Privacy Policy and any other Website’s documentation, from the moment he/she chooses to use any of the functionalities of the Website.
All persons, who want to have access to all Services provided by LIVECARDS, must agree with the LIVECARDS requirement that LIVECARDS have access in using tools to localize Account manager’s computer device with the purpose to identify country from which the registration is performed.
At any time if LIVECARDS thinks that the Account is at high risk of making damage to any person, LIVECARDS has all the rights to suspend the use of the Account by restricting access logging into the Account, withholding transactions and etc. After the risk is eliminated (in the sole discretion of LIVECARDS), LIVECARDS shall re-activate the Account. In the situation where the manager of an Account violates law or these Terms and Conditions, LIVECARDS has the right block the Account. LIVECARDS shall be entitled to suspend or block the use of the Account provided that in the opinion of LIVECARDS any other circumstances occur which may result in risk to any person or breach of laws.
LIVECARDS also has the right to ask Customers to submit eligible documents (copies or scans) to authenticate appropriate information which was fulfilled in registration form. If required documents will not be submitted within 10 (ten) days, LIVECARDS has the right to suspend access to the Account or withhold any other actions taken by Customers.
Customers are responsible for reasonable care of the Account and they must ensure that the e-mail address is up to date. LIVECARDS is not responsible for the situations where Customers do not receive information because of their negligence.
In the situation where LIVECARDS decides that the Website must be modernized or it is having technical problems, LIVECARDS has the right to restrict the possibility of logging into the Account or using respective Services or even general access to the Website.
Customers acknowledge that giving any information about their Account could cause damage to LIVECARDS or third persons. They are liable of securing that type of information and in the case where they fail to ensure that, Customers are responsible for eliminating all caused damage.
The Customer shall not use other Accounts and will not make their Accounts available to other Customer or any third parties. Exception to the rule in this Section above shall be for enabling any employees or other properly authorized persons of the Customer to act on behalf of the respective Customer. However, any and all responsibility for actions and outcomes of persons which had access to the Accounts of the respective Customer shall be assumed by the respective Customer.

Terms and Conditions of Use

In accordance with these Terms and Conditions, LIVECARDS grants Customers a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services provided by LIVECARDS. Such license is strictly limited to functionalities of the Website.
Customers are bound not to abuse LIVECARDS Services and only use it as it is established by law and these Terms and Conditions. Inappropriate use of Services could cause negative effect to LIVECARDS or third persons and if Customers violated the use of Services, they are responsible for the elimination of all caused damage.
All rights of LIVECARDS or their licensors, suppliers, owners or other persons are protected even if it is not expressly granted in these Terms and Conditions.
Any intellectual property objects on the Website, except for those uploaded, transmitted, made available, published by Customers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Website constitute intellectual property of LIVECARDS. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights.
Customers are obliged to read and accept Terms and Conditions and Privacy Policy, as well as any other Website’s documentation, in order to ensure the protection of their personal data. Customers undertake to perform any possible actions to not get into situation of personal data protection’s violation.
LIVECARDS is allowed to provide Customers hyperlinks on Website with other Product’s providers (i.e. banners, channels) leading them to the websites of such providers. LIVECARDS is not liable for the certainty, accuracy or trustworthiness of information submitted by mentioned providers. LIVECARDS recommends reading all documents in sites of providers. Customers acknowledge that LIVECARDS has no control of these providers actions.
Customers including, but not limited to, confirm and state that they:

will not advertise any improper or faulty information which may be harmful to LIVECARDS, other Customers or third persons;
will not upload or spread any information on the Website which could violate laws, contractual agreements or third persons’ rights. Such violating information could be copyrighted material, personal data, trade secrets and other;
will not provide any false information which could mislead other Customers;
will not attempt to hack, modify, disable or affect in any other way the Website or challenge its security;
will not use the Website for any other purposes than as it has to be used considering the purposes of LIVECARDS Services;
will not try to collect any personal data which is being held at the Website system and will not offend or deceive other Customers;
will not use the Website for any illegal purposes or for violating any laws;
will not try to interfere with the Website’s activity or prohibit other Customers from using the Website (or making it difficult to use);
will not make transactions with money from illegal sources.

All the actions mentioned above include attempts of performing one of them or creating circumstances for such actions to materialize.

By posting or publishing their own materials on the Website or by any other distribution of such to LIVECARDS, the Customer grant an irrevocable, permanent and free of charge license, to use these materials, including, but not limited to, present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related and otherwise, for the sole purpose of more suitable functionality of LIVECARDS and the Website.

Obligations of LIVECARDS

LIVECARDS will co-operate with Customers with regards to all of the questions related to appropriate provision of Services. Communication between LIVECARDS and Customers will proceed through the Website’s help center or e-mail.
LIVECARDS will provide the Customers with technical support provided they encounter any problems in relation to the functionality of the Account and the Website.

Obligations of Customers

Customers agree and acknowledge, including, but not limited to, that:

they agree with Terms and Conditions and Privacy Policy, as well as any other documents of the Website;
they will not act in a way it could have negative effect to LIVECARDS, other Customers or third persons with a result of caused damage, worsened reputation and etc.;
they will not use LIVECARDS services on the Website or Website itself with illegal purposes or in another way which is not acceptable;
they will not take any actions which could violate laws, Terms and Conditions, Privacy Policy or other documents;
they will not use more than one Account for buying Products or using LIVECARDS Services on the Website and will not use VPN connection.

Liability

If LIVECARDS fails to comply with these Terms and Conditions, LIVECARDS is responsible for loss or damage the Customer suffers that are a foreseeable result of LIVECARDS breach of these Terms and Conditions or LIVECARDS negligence, but LIVECARDS shall not be responsible for any loss or damage that is not foreseeable to it. Loss or damage is foreseeable if they were an obvious consequence of LIVECARDS breach or if they were contemplated by the Customer and LIVECARDS at the time the Sales Contract was concluded.
Vendor only supplies the Products for domestic and private use. The Customers agree not to use the Products for any commercial, business or re-sale purposes, and LIVECARDS has no liability to the Customers for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Customer recognizes that LIVECARDS is only an intermediary platform for marketing the Products purchased through the Website and has absolutely no involvement in the actual design and manufacture of such Products and further agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Events Outside LIVECARDS Control

LIVECARDS will not be liable or responsible for any failure to perform, or delay in performance of, any of LIVECARDS obligations under these Terms and Conditions that is caused by an Event Outside LIVECARDS Control. An Event Outside LIVECARDS Control is defined below in Section 11.2.
An Event Outside LIVECARDS Control means any act or event beyond LIVECARDS reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside LIVECARDS Control takes place that affects the performance of LIVECARDS obligations under these Terms and Conditions:

LIVECARDS will contact the affected Customers as soon as reasonably possible to notify such; and
LIVECARDS obligations under these Terms and Conditions will be suspended and the time for performance of LIVECARDS obligations will be extended for the duration of the Event Outside LIVECARDS Control.

Complaints

If Customers have experienced any violation of their rights caused by LIVECARDS Services provided in Terms and Conditions and/or Privacy Policy, they have the right to file a complaint. The complaint must be sent to LIVECARDS by the Website’s internal messaging system or to e-mail which is specified in Section 14.7. LIVECARDS puts its best efforts to have all complaints resolved within 14 (fourteen) days after receiving such.
Complaint must provide this information:

Order information regarding which the complaint arose;
what rights have been violated;
description of the circumstances under which the rights were violated.

If the Customer purchased the Product, but has not reviewed the activation code on LIVECARDS platform, he/she has a right to request for a refund within 14 (fourteen) days from making the Purchase. In such case LIVECARDS is obliged to return money to the Customer and the Customer is obliged to return the Product to LIVECARDS without reviewing the activation code.
Any dispute, controversy or claim, arising out of or relating to these Terms and Conditions, their breach, termination or validity shall be finally settled in the respective court of the Republic of Lithuania subject to the rules of jurisdiction.

Termination

The Customer can terminate the agreement with LIVECARDS by removing his or her Account from the Website. It can be done by submitting the request at his or her Account’s system. LIVECARDS deletes the Account within 7 (seven) days after the day the request was submitted. During this period, the Customer has the right to cancel the removal of the Account.
LIVECARDS can terminate such agreement by deleting the Customer’s Account or blocking its access to the Website. The access can be blocked if there are any suspicions about illegal actions and it can last until the circumstances disappear or become eliminated. LIVECARDS deletes the Customer’s Account in situations where he or she grossly violates Terms and Conditions, Privacy Policy, laws or other documents.
During the period of agreement termination, the Customer cannot create another Account on the Website.

Final Provisions

Privacy Policy and any other Website’s documentation are integral part of these Terms and Conditions and bind all registered Accounts.
Without the permission of LIVECARDS, Customers have no right to transfer their obligations, claims or rights to third persons. Customers agree that LIVECARDS shall have the right to transfer its’ rights and obligations arising from the agreements to third persons. LIVECARDS will inform of such transfer in the Website.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
These Terms and Conditions and the relations between LIVECARDS and Customers in respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the The United Kingdom of Great Britain and Northern Ireland.
Except otherwise provided in these Terms and Conditions, no delay of LIVECARDS or Customer to exercise any right or to perform an obligation under these Terms and Conditions shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed or this right may not be exercised in the future.
All the data and information stored in the Website can be used by LIVECARDS on purpose to its’ functioning.
Communication with LIVECARDS support proceeds through the e-mail address [email protected].
Different countries’ laws may cause unavailability for some Customers to use respective services of the Website.
In the event Terms and Conditions are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise.

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