Terms and Conditions
By ordering at reseller.unlockcenter.net, You will automatically agree to following terms of services and there will not be any exception until reseller.unlockcenter.net (from here ‘we’, ‘us’ or ‘our’) administration applies it. That means, technical issues, Disputes, Cancellations, Activation or Information retrieval will be applicable to terms mentioned below.
THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.
reseller.unlockcenter.net
( Unlock Center ("we," "us," and "our") provides an online marketplace
for the resale of certain gift cards, Games Key , Games Credits , Spare
parts , Boxes and Dongles (the "Services and products"), which
includes and is accessible via: (1) our website published at
reseller.unlockcenter.net and all of our other websites to which these Terms
are posted (collectively, the "Website"); and (2) any services, content,
and features made available by us through the Website. Your access to
and use of the Services are subject at all times to these Terms of
Services (these "Terms") and our Privacy Policy, which is incorporated
by this reference into these Terms. In these Terms, "you" and "your"
refer to any user of the Services.
1. Your Acceptance of these Terms
By
accessing or using the Services in any way or by clicking to agree to
these Terms when that option is made available to you, you agree to be
bound by these Terms. If you do not agree to all the terms and
conditions of these Terms, do not access or use the Services. If your
access to or use of the Services is prohibited by applicable law, you
are not authorised to access or use the Services. We are not responsible
if you access or use the Services in any manner that violates
applicable law.
2. changes to these terms
We
may, without prior notice or liability to you, discontinue the Services
or modify the Services by adding or removing features or
functionalities. We may also revise these Terms from time to time in our
sole discretion, subject to applicable law. When we revise these Terms,
we will post a revised version on the Website. You are free to decide
whether or not to accept a revised version of these Terms, but accepting
these Terms, as revised, is required for your continued access to and
use of the Services. If you do not agree to these Terms or any revised
version of these Terms, your sole recourse is to terminate your access
to and use of the Services. Except as otherwise expressly stated by us,
your access to and use of the Services are subject to the version of
these Terms in effect at the time of your access or use.
3. Additional Terms
In
connection with your access to or use of the Services, you may be
subject to additional terms, rules, policies, and conditions imposed by
us ("Additional Terms"), which are hereby incorporated by reference into
these Terms. To the extent of any inconsistency between these Terms and
any Additional Terms, the Additional Terms will control, unless
otherwise expressly provided by us.
There
are currently no fees for the Services, but we reserve the right to
charge fees for the Services in the future. We will notify you before
charging any fees for the Services by notifying you electronically, by
posting such fees on the Website, as applicable, or by any other method
permitted by applicable law. If you continue using the Services after
such notice, you must pay all applicable fees for the Services.
4. Our gift card services
(a) Certain Requirements
In
order to buy or sell certain electronic and physical gift cards or
merchandise credits (collectively, "Gift Cards") through the Services,
you must: (i) be 18 years of age or older and have an address and credit
card ; (ii) accept and agree to these Terms, including our Privacy
Policy and any Additional Terms; (iii) create a user account (an
"Account") and maintain your Account in good standing; and (iv) provide
all information requested by us, such as your name, email address, and
payment account information ("User Information"). You represent and
warrant that all User Information you provide us from time to time is
truthful, accurate, current, and complete, and you agree not to
misrepresent your identity or your User Information. You agree to
promptly notify us of changes to your User Information by updating your
Account. Our Privacy Policy governs our collection, use, storage, and
disclosure of User Information.
You
are solely responsible for ensuring the confidentiality of your Account
login information and maintaining the security of such information. You
agree not to authorised any other person to use your Account for any
purpose. Except as otherwise provided by applicable law, you are solely
responsible for all transactions and other activities authorised or
performed using your Account, whether authorised by you or not. You must
notify us immediately at admin@unlockcenter.net if you believe any
of your Account credentials, such as your password, have been obtained
or used by any unauthorised person or you become aware of any other
breach or attempted breach of the security of the Services or your
Account.
(b) Buying Gift Cards
Subject
to these Terms and our approval, you ("Buyer") may purchase certain
Gift Cards through the Services with a credit card, debit card, paypal
or such other payment method approved by us. When Buyer purchases an
electronic Gift Card through the Services, we will email the electronic
Gift Card to the email account designated by Buyer. When Buyer purchases
a physical Gift Card, we will mail it to the address designated by
Buyer. We may charge a shipping and handling fee to mail physical Gift
Cards and, if so, will disclose such fee prior to any applicable Gift
Card sale. We are not responsible for any Gift Cards used without your
permission or for any lost or stolen Gift Cards. Risk of loss and title
to Gift Cards purchased by Buyer through the Services pass to Buyer or
the Buyer's designated recipient, as applicable, upon electronic
transmission of the Gift Card to the email address provided to us or
delivery of the Gift Card to the shipping carrier, as applicable. We are
not liable for any delivery failures for Gift Cards.
Buyer
acknowledges and agrees that: (i) Gift Cards are issued by third
parties (each, a "Merchant") and are not issued by reseller.unlockcenter.net (ii)
the use and redemption of a Gift Card are subject to certain terms and
conditions (which may include expiration dates, limitations, and fees)
established by the applicable Merchant; and (iii) we are not
responsible, and have no liability, for: (1) the terms and conditions of
Gift Cards; (2) any products and services that are acquired with Gift
Cards; (3) any unused Gift Card balances in the event the applicable
Merchant goes out of business, files for bankruptcy, or otherwise fails
to honor Gift Cards; or (4) any other claims or disputes with any
Merchants. If you have any questions about a Gift Card, you must contact
the applicable Merchant. Terms and conditions for certain Gift Cards
may be available on the applicable Merchant's website. We may make
certain terms and conditions for Gift Cards available through the
Services solely for your convenience.
(c) Selling Gift Cards
Subject
to these Terms and our approval, you ("Seller") may sell certain Gift
Cards to us through the Services. Once Seller agrees to sell a Gift Card
to us through the Services, Seller must not take any action that
reduces the value or available balance of the Gift Card. If requested by
us, Seller must mail any physical Gift Cards to us pursuant to our
instructions. Seller remains responsible for a Gift Card until we
receive it. We are not liable for any delivery failures for Gift Cards.
Upon our confirmation of a Gift Card's balance and receipt of the
physical Gift Card, if applicable, we will pay the purchase price to
Seller via check, electronic fund transfer to an account designated by
Seller, or such other payment method agreed upon by us and Seller. In
consideration of our payment of a Gift Card's purchase price, Seller
agrees to irrevocably sell, assign, transfer, convey, and deliver to us,
our successors, and assigns forever, as absolute owners, without any
restrictions, and in accordance with the procedures detailed herein, all
of Seller's right, title, and interest in and to the Gift Card.
For
each Gift Card sold by Seller to us through the Services, Seller
represents and warrants that: (i) all Gift Card information, including,
but not limited to, balance information, provided through the Services
is true, accurate, current, and complete; (ii) Seller has good, valid,
marketable, and lawful title, free of any liens or other encumbrances,
to the Gift Card; (iii) Seller has the unrestricted authority to sell,
assign, transfer, convey, and deliver the Gift Card to us; (iv) Seller
has sole control of the Gift Card and has not transferred or otherwise
made the Gift Card available to anyone; and (v) Seller has not retained a
way to redeem the Gift Card after the completion of the sale of the
Gift Card to us.
Seller
is solely liable for any damages resulting from any untrue, inaccurate,
or incomplete information provided by Seller about a Gift Card,
including, but not limited to, inaccurate balance information, and from
any use of a Gift Card after Seller agrees to sell a Gift Card to us
through the Services. In the event that a Merchant refuses to honor a
Gift Card because ownership of the Gift Card was transferred, Seller is
liable for the entire amount of the purchase price that was paid to
Seller for the Gift Card.
(d) Additional Representations and Requirements
In
addition to the other representations and warranties in these Terms,
you represent and warrant that: (i) your purchases and sales of Gift
Cards through the Services comply with applicable law; and (ii) you will
not use the Services to engage in any illegal, fraudulent, or other
illicit activity. We may limit the number and amount of Gift Cards that
you may purchase through the Services from time to time without notice
or liability to you. In connection with a purchase or sale of a Gift
Card through the Services, you must provide such other information and
documents as requested by us to verify your identity and compliance with
these Terms, including, but not limited to, your representations and
warranties herein. For our compliance purposes and in order to provide
the Services to you, you hereby authorise us to, directly or through a
third party, obtain, verify, and record information and documentation
for purposes of verifying your identity and your payment method
information. Upon our request and without further consideration, you
must promptly execute, acknowledge, and deliver all such other
instruments and documents and take all such other actions required to
consummate any purchase or sale of Gift Cards through the Services.
5. Ownership and Proprietary Rights in the Services
All
right, title, and interest in and to the Services, including any
updates, upgrades, and modifications there to, and any associated
patents, trademarks, copyrights, mask work rights, trade secrets, and
other intellectual property rights, belong solely and exclusively to reseller.unlockcenter.net and its licensors, and, except as expressly set forth
in these Terms, we do not grant you any licenses or other rights,
express or implied, to the Services.
You
acknowledge and agree that the Services are protected by applicable
copyright, trademark, and other intellectual property laws. All words
and logos displayed in connection with the Services that are marked by
the ™ or ® symbols are trademarks and service marks of reseller.unlockcenter.net
and/or their respective owners. The display of a third-party trademark
in connection with the Services does not mean that we have any
relationship with that third party or that such third party endorses the
Services or Unlock Center .
Subject
to these Terms, we hereby grant you a limited, revocable, personal,
non-exclusive, and non-transferable right and license to access and use
the Services solely for your personal, non-commercial, entertainment
purposes. Except as expressly provided by these Terms or as otherwise
expressly permitted by us, you may not use, modify, disassemble,
decompile, reverse engineer, reproduce, distribute, rent, sell, license,
publish, display, download, transmit, or otherwise exploit the Services
in any form by any means. Without limiting the foregoing, you agree not
to (and not to allow any third party to): (a) use any robot, spider,
scraper, or other automatic or manual device, process, or means to
access or copy the Services; (b) take any action that imposes or may
impose (in our sole determination) an unreasonable or a
disproportionately large load on the Services or our infrastructure; (c)
utilize any device, software, or routine that will interfere or attempt
to interfere with the functionality of the Services; (d) rent, lease,
copy, provide access to or sublicense any portion of the Services to a
third party; (e) use any portion of the Services to provide, or
incorporate any portion of the Services into, any product or service
provided to a third party; (f) remove or obscure any proprietary or
other notices contained in the Services; or (g) use the Services for any
illegal or unauthorised purpose. We may, but are not obligated to,
monitor your use of the Services.
6. Feedback
By
submitting or providing materials, suggestions, ideas, data, and other
content to us ("Feedback"), you hereby grant us a royalty-free,
worldwide, perpetual, non-exclusive, unrestricted, irrevocable,
transferable, and sub-licensable right and license to modify, copy,
reproduce, distribute, sell, publicly display, transmit, delete, make
derivative works from, store, and otherwise exploit Feedback and to
allow others to do the same for any purpose, including, but not limited
to, commercial purposes. You acknowledge and agree that you will not
receive any compensation whatsoever for granting us this license to your
Feedback, and you hereby completely and irrevocably waive any moral or
similar rights you may have in your Feedback, even if such Feedback is
altered or changed in a manner not agreeable to you. This includes, but
is not limited to, any claims based on invasion of privacy, idea
misappropriation, other civil rights violations, or defamation. The
license granted under this Section, including the related waiver of any
applicable moral rights, will survive any termination of these Terms.
7. Restrictions on Use
Without
limiting any of the other terms of these Terms and except as otherwise
expressly permitted by us, you may not: (a) access or use any part of
the Services for any commercial purpose; (b) access or use the Services
for any illegal purpose; (c) attempt to gain unauthorized access to any
other user's Account; (d) modify or attempt to modify or in any way
tamper with the Services; (e) access or use the Services in a way that
may infringe upon the intellectual property or other rights of any third
party, including, without limitation, trademark, copyright, privacy, or
publicity rights; or (f) interfere with or disrupt networks connected
to the Services or violate the regulations, policies, or procedures of
such networks.
8. Payment Terms
By providing payment method information to us, you represent, warrant, and covenant that:
(a) you are legally authorised to provide such information to us.
(b) you are legally authorised to perform payments with the payment method; and
(c)
such action does not violate the terms and conditions applicable to
your use of such payment method or applicable law. When you authorise a
payment in connection with the Services, you represent, warrant, and
covenant that there are sufficient funds or credit available to complete
a payment using the designated payment method.
9. Third-Party Links
The
Services may contain links to third-party websites or services that are
not owned or operated by us or our third-party service providers or
licensors. We provide such links for your reference only. We do not
control such third-party websites or services and are not responsible
for their availability or content. Our inclusion of such links does not
imply our endorsement of such third-party websites or services or any
association with their owners or operators. We assume no liability
whatsoever for any such third-party websites or services or any content,
features, products, or practices of such third-party websites or
services. Your access to and use of such third-party websites and
services are subject to applicable third-party terms and conditions and
privacy policies. We encourage you to read the terms and conditions and
privacy policy of each third-party website or service that you visit or
utilize.
10. suspension and Termination
We
may, in our sole discretion, suspend, limit, or terminate your Account
and your access to and use of the Services at any time for any reason,
without notice or liability to you, including, but not limited to, if we
suspect that your access to or use of the Services violates these Terms
or applicable law. You may stop using the Services and terminate your
Account at any time by contacting admin@unlockcenter.net. Termination
of your Account and your access to and use of the Services will not
affect any of our rights or your obligations arising under these Terms
prior to such termination. Provisions of these Terms that, by their
nature, should survive termination of your Account and your access to
and use of the Services will survive such termination.
11. Indemnification
You
agree to indemnify, hold harmless, and (at our request) defend us, our
affiliates, and our and their respective employees, officers, directors,
and agents from and against all claims, demands, suits, damages, costs,
lawsuits, fines, penalties, liabilities, and expenses, including
reasonable attorneys' fees, that arise from any third-party claim due to
or arising out of: (a) your use of the Services; (b) your breach or
alleged breach of these Terms; (c) your violation of applicable law,
including, but not limited to, infringement of third-party intellectual
property rights; or (d) your other actions or omissions that result in
liability to us. We reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are required
to indemnify us under these Terms, and you agree to cooperate with our
defence of these claims.
12. DISCLAIMERS
TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR ACCESS to AND USE OF THE SERVICES AND ALL
INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD
PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN
RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES,
including the gift cards, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, and WE EXPRESSLY DISCLAIM ANY
AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED,
statutory, or otherwise, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
and NON-INFRINGEMENT.
WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL
MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF the
gift cards and ANY other PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR
AUTHORISED REPRESENTATIVES WILL CREATE ANY WARRANTY.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS Of IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.
13. Notices
We
will send all notices and other communications regarding the Services
to you at the email address or physical address you provided for your
Account, as may be updated by you from time to time. You will be
considered to have received a notice from us regarding the Services when
we send it to the email address or physical address we have in our
records for you or when we post such notice on the Website.
14. Governing Law
These
Terms are governed by the laws of the Hong Kong Government, without
giving effect to any principle that provide for the application of the
law of another jurisdiction.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
For
any and all controversies, disputes, demands, claims, or causes of
action between you and us (including the interpretation and scope of
this Section and the arbitrability of the controversy, dispute, demand,
claim, or cause of action) relating to the Services or these Terms (as
well as any related or prior agreement that you may have had with us),
you and we agree to resolve any such controversy, dispute, demand,
claim, or cause of action exclusively through binding and confidential
arbitration. In the event of any such controversy, dispute, demand,
claim, or cause of action, the complaining party must notify the other
party in writing thereof. Within 30 days of such notice, you and we
agree to use reasonable efforts to attempt to resolve the dispute in
good faith. If you and we do not resolve the dispute within 30 days
after such notice, the complaining party may seek remedies exclusively
through arbitration. Except as otherwise expressly provided by
applicable law, the demand for arbitration must be made within a
reasonable time after the controversy, dispute, demand, claim, or cause
of action in question arose, and in any event within two years after the
complaining party knew or should have known of the controversy,
dispute, demand, claim, or cause of action.
The
arbitration will take place in the federal judicial district of your
residence. As used in this Section, "we" and "us" mean Unlock Center and
its subsidiaries, affiliates, predecessors, successors, and assigns and
all of our and their respective employees, officers, directors, agents,
and representatives. In addition, "we" and "us" include any third party
providing any product, service, or benefit in connection with the
Services or these Terms (as well as any related or prior agreement that
you may have had with us) if such third party is named as a co-party
with us in any controversy, dispute, demand, claim, or cause of action
subject to this Section.
If you do not agree to our Terms & Conditions and End User License Agreement, please do not place order with us.
Thanks & Regards,