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Untitled Document Terms of Services
1. Introduction
GAMERCE, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising GAMERCE ("website") to visitors ("visitors or member") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on GAMERCE
Whilst every effort is made to update the information contained on this website, neither GAMERCE nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on GAMERCE (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on GAMERCE. GAMERCE reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trademarks") displayed on this website is registered and unregistered trademarks of GAMERCE. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of GAMERCE.
4. External Links
External links may be provided for your convenience, but they are beyond the control of GAMERCE and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of GAMERCE. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
GAMERCE is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on GAMERCE. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by GAMERCE. GAMERCE reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of GAMERCE's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable or international laws or intellectual property rights of GAMERCE or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use GAMERCE to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify GAMERCE against any loss, liability, damage or expense of whatever nature which GAMERCE or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of GAMERCE to send or post any such message or material.
6.1 Visitors affiliate Websites assume all responsibility and risk with respect to their use of the Website. The information, materials and functions contained within the Website, including / but not limited to, text, graphics, hyperlinks or other items are provided on an "As Is" and "As Available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, adaptability for a particular purpose, title or freedom from computer viruses or disruption.
6.2 GAMERCE and its divisions, affiliates, agents and principals disclaims all warranties, express or implied, including warranties of merchantability and/or adaptability for any particular purpose and representations and endorsements, express or implied, with regard to information accessed from or via the Website.
6.3 GAMERCE and its divisions, affiliates, agents and principals do not warrant that the Website is free of computer viruses, bugs or other harmful components.
6.4 GAMERCE and its divisions, affiliates, agents and principals do not assume any liability or responsibility for the accuracy, availability, completeness, reliability, suitability or usefulness of the information disclosed or accessed through the Website.
6.5 GAMERCE and its divisions, affiliates, agents and principals do not have any duty to update its Website and shall not be liable for its failure to update the Website. It is the visitor's responsibility to verify any information contained in the Website before relying upon it.
7. Warranties
GAMERCE makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding GAMERCE, the information contained on GAMERCE, you or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
GAMERCE shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of GAMERCE, any information contained on GAMERCE, you or your company's personal information or material and information transmitted over our system. In particular, neither GAMERCE nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of GAMERCE.
GAMERCE does not make any warranty or representation that information on GAMERCE is appropriate for use in any jurisdiction. By accessing GAMERCE, you warrant and represent to GAMERCE that you are legally entitled to do so and to make use of information made available via GAMERCE.
9.1 Transactions between Buyers and Sellers through the Website, GAMERCE.com provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. GAMERCE will charge the seller a commission fee on each successful sale. The rate of the commission will be promulgated on the Website and may be amended by GAMERCE, with or without notice to you. GAMERCE.com does not represent the seller or the buyer in specific transactions nor does GAMERCE act as an agent for either Seller or Buyer. As a result, GAMERCE.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
9.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. GAMERCE.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Website. However, because user verification on the Internet is difficult, GAMERCE.com cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Website, as well as common sense, to evaluate with whom you are dealing.
9.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Website. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, and breach of contract. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks." Each User agrees that GAMERCE shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
9.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. Users shall pay all sales and use taxes and all other taxes arising from the use of the Website.
9.5 In the event that any User has a dispute with any party to a transaction, such User agrees to submit the dispute to GAMERCE as the arbitrator for the final and binding judgment. And such User agrees to release and indemnify GAMERCE (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
9.6 Provision of the seller's contact information is inadmissible in posting sell offers. This is for security purposes to protect both the buyer and the seller.
10. General
10.1 Entire Agreement. These website terms and conditions constitute the sole record of the agreement between you and GAMERCE in relation to your use of GAMERCE. Neither you nor GAMERCE shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and GAMERCE in respect of your use of GAMERCE.
10.2 Alteration. GAMERCE may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting GAMERCE from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit GAMERCE.
10.3 Conflict. Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of GAMERCE shall prevail in respect of your use of the relevant section or module of GAMERCE.
10.4 Waiver. No indulgence or extension of time which either you or GAMERCE may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Cession. GAMERCE shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scrip and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court in respect of any disputes arising in connection with GAMERCE, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions. If you have any questions, comments or concerns arising from GAMERCE, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information, please contact us.
10.9 Breach of Terms of Agreement. Services rendered are subjected to these Terms of Service with exclusion of any other terms and conditions stipulated or referred to by you, the Customer. You acknowledge that you are aware of the contents of and agree to be bound by these Terms of Service. Any new features, upgrades, variations or new packages which are added to the current Service shall also be subject to these Terms of Service. GAMERCE reserves the right at its absolute and sole discretion to vary, modify, delete, update or suspend these Terms of Service (or any part thereof) without prior notice to you. As such, you understand and acknowledge that it is your duty to review these Terms of Service on a regular basis.
Should you breach any of these Terms of Service, GAMERCE shall have the exclusive, sole and absolute right to terminate, discontinue or withdraw the provision of the Service to you. In the event of a breach by you, GAMERCE reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.
Privacy Policy
Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on this website. On some pages, you can have a transaction with other member, make requests, and register to receive materials. The types of personal information collected are;
- Email, address, phone number, physical contact information, and sometimes financial information;
- Transactional information based on your activities on GAMERCE (such as information to facilitate buying and selling);
- Community discussions, chats, dispute resolution, correspondence through GAMERCE, and correspondence sent to us;
- Computer sign-on data, statistics on page views, traffic to and from GAMERCE, cookies information;
- Other information, including IP address and standard weblog information, and supplemental information from third parties.
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that transaction.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by sending us an email. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How to Contact Us
Should you have other questions or concerns about these privacy policies, please contact us as below;
- Customer Service: support@gamerce.com
- Fraud/Abuse/Error Report: police@gamerce.com
