Terms and Conditions XMLGold website
Effective date May 20, 2016
These Terms and Conditions is applicable to your use and access of the https://www.xmlgold.is (hereinafter “XMLGold website”), which is owned and operated by XML Corp., a legal entity established under the Law of Belize with registered address at 99 Albert Street, Belize City, Belize, Central America, Registration Number: 93456
Between the user and the respective performance supplier, the Company solely acts as a mediator. Company provides the website as a platform between user and supplier. For the legal relationship between the user and the supplier the legal terms and conditions of the ordered performance supplier, which can be provided on demand, are effective.
Any use or access to the website by anyone under the age of 18 is prohibited.
If you are under 18, do not use or provide any information on the website or on or through any of its features, register on the website, use any of the interactive or public comment features on the website, or provide any information about yourself to us.
2. Acceptance of Terms and Conditions
You accept and agree to the changes if you continued use of the website following the posting of revised Terms and Conditions. You have to check this page periodically, so you are aware of any changes, as they are binding on you.
We kindly ask you to read attentively, conscientiously and correctly these Terms and Conditions to understand this Agreement.
By using our website, you provide your consent that you accept and agree to be bound and abide by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you must quit using the website urgently.
3. Third Parties Links
4. Changes of the Terms and Conditions
We may amend these Terms and Conditions at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the website.
5. Service Description
Fundamental features of the Company services. Company offers services in connection with virtual goods. These services are destined for a “character” that the user operates in an virtual goods or for an virtual goods user account. Company provides the user with “virtual goods” that mainly consist of virtual valuables, with which the user can equip his character or account. Company does not offer virtual goods of which we know or have reason to believe that they were acquired by means of so-called “cheating”.
Company additionally offers to conduct arranged tasks with the user’s character that lead to an increase in points in the online voucher’s account (high-skilling, high-leveling). Company takes part in the virtual goods with the user’s account or character respectively until the goals that were agreed-upon are reached. This service especially includes the carrying out of specific tasks (“quests”) such as reaching a certain number of experience points or “levels” or obtaining certain “skills.”Company does not use “cheats” to carry out these tasks.
General overview. Between the user and the Company and in return for the payment service agreement is contracted based on which Company bounds itself, to mediate the user the contractual partner (the following service provider) who is able to provide the wanted Game and VoIP assistance (item, gold, character, accounts, digital goods, account key, game time VoIP vouchers and VoIP credit transfers etc.) as fast as possible at the stipulated price. Company mediates every relevant terms and conditions with the service provider. This includes goods, kind, price, offer and acceptance of the contract, provision of the services respectively the goods. Company only works with reliable and trustworthy performance suppliers. The user is liable for the payment of the respective reward to the Company. It takes over the for the user toll-free forwarding of the, the performance supplier owing, reward.
The user has to ensure, that on his side, the technical and the realities for the receiving of the game assistances are fulfilled. It is also the case of the users to keep appropriate software ready, which enables an adequate opening, editing and using of the game assistances. Are these requirements not met is this without influence on the establishing of the contract between the user and the Company.
The payment methods are limited to advance payment (bank transfer and various E-Currencies listed). The payment methods debit and cash on delivery are not possible. The payment on account is only possible under certain circumstances and only Company is authorized to offer this payment method. For payment on account, the payment period is 10 days. The user is only entitled to the right to offset when his counterclaim has been legally decided or is undisputed. The user can only exercise a right of retention when his counterclaim is based on the same contractual relationship.
The offers on the website are not legally bound offers, but a noncommittal request to submit such a bound offer to enter into a mediation contract. The user gives, by submitting his order, a committal bid on entering a mediation contract, which becomes valid, if the Company accepts it. Due to the order of the user and the concerning acceptance by Company, as the case maybe by the particular performance supplier, there can be accomplished two contracts:
- a mediation contract with Company;
- the mediated contract with the performance supplier.
The contract of the mediation of performances is accomplished by the following, the bid of the user happens as described below. The mediated contract with the performance supplier is accomplished by sending or fulfilling of the service. The mediation contract with Company is accomplished either by individual verification (e.g. email) or at the latest by sending or fulfilling of the service.
The performance supplier is informed by Company about the user`s bid. The performance supplier takes the wanted service in corresponding amounts irreparable out of the system. By this booking the contract between the performance supplier and the user is accomplished. The performance supplier manifests his acceptance to the user by sending the ordered game assistance.
All indicated prices are final prices. Eventual costs for eventual package and forwarding are not included. Due to the permanent updating of the internet page of the Company previously made indications, concerning the prices, lose their validation. The shown price at the time of placing the bid from the user is decisive for the bill of cost. The payment can be done by credit card (Visa or MasterCards ® ), Moneybookers or per bank transfer.
User requirements. The user has to fulfill certain requirements depending on the virtual goods in order to be able to use the services of the Company. These requirements usually consist of being registered with the operating company of the virtual goods, to have an account and to virtual goods. We point out the resulting legal relations with the operating company and the connected costs.
User may not:
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the website;
- decompile, reverse engineer or disassemble the website;
- link to, mirror or frame any portion of the website;
- attempt to gain unauthorized access to or impair any aspect of the website;
- assign or transfer your account to any other person or entity;
- use of the website cause nuisance, annoyance, inconvenience, or property damage;
- use the Services for unlawful purposes.
Also, the user:
- may use website only for lawful purpose;
- is liable for content which she/he published on the website;
- agrees to not provide content that is violent, pornographic, unlawful, or otherwise offensive;
- is responsible for the security of his/her account;
- uses the website for his/her own risk and liability;
10. Risks for the user regarding the services
Company takes all possible precautions in order to keep the user’s account information secret and to avoid spying by a third party. The user is obliged to enhance the security by means of encrypted data transmission and changes of password after the service provision. Company is not an operator of virtual goods and therefore does not take responsibility for circumstances that lie beyond its sphere, especially regarding the accessibility or operation of the particular virtual goods after the service provision by Company. The use of services by Company can lead to the closing of the user’s account by the operator of the virtual goods or similar measures. In these cases Company does not take any liability.
11. Regulations concerning the work with exchange requests
11.1 The time of execution of the request by the Service can be from several seconds to several minutes after the Service has received the payment from the User.
The request is considered to be paid by the User from the moment when the funds have been received to the Service's details (or the required number of confirmations on the cryptocurrency transaction has been reached).
11.2 The application is considered executed by the Service from the moment when the Service sends the funds to the User's details.
11.3 After payment of the order, but BEFORE the Service executes the order, the User has the right to refuse the exchange and request a refund. In this case, the Service is obliged to return the funds to the User within a period not exceeding 24 hours. The Service has the right to deduct the commission for the return from the User's funds.
11.4 The request, on which the Service has fulfilled its obligations (i.e. funds on this request are sent to the User's details), is not reversible. Cancellation of such a request is possible only if the User arranges the return of funds sent to him by the Service.
11.5 In case the User has specified incorrect details to which the Service was unable to send the Funds, the User may provide the Service with valid details only by e-mail from the mail specified when making the request. Otherwise, the Service reserves the right to return the Funds to the source of receipt.
11.6 The time given to the User to pay the order is 20 minutes. If the User does not manage to pay the application within the allotted time, it is necessary to create a new application and make payment using the details specified in the new application. Direct payment to the details without creating an application is prohibited. The repeated transfer or additional sending of funds to the details given to the user in the application is forbidden. In these cases the Service does not guarantee the possibility of returning the spent funds to the User.
11.7 In case of receipt of funds from the User to the Service in an amount that differs from the amount specified in the application, the Service will consider it as an order of the User to recalculate and fulfil the application according to the amount actually received, without further agreement with the User.
11.8 In case the amount received from the User is less than the minimum payment provided by the Service in this particular direction of the application for exchange, the Service has the right to terminate the Agreement with the User. Also, in such a case, the Service has the right to return the User's funds to the source of receipt, if the total cost of such return does not exceed the amount of return
12. Scope of services and service reservations
Company generates the services that are agreed upon via contract according to the current status of the virtual goods concerned. Especially in cases of changes of the virtual goods by the operator,Company reserves the right to render the services divergent from the information on the website, as long as the basic service content is not affected by this. By means of service provision, Company transmits only such rights onto the user to which Company is authorized to having in regards to the immaterial and other rights of the game operator. Company is authorized to withdraw from the contract as far as it does not receive the object of services despite previous conclusion of a contract. Company will immediately inform the user regarding the failure of the delivery to us from our suppliers and will refund the already received payment promptly without delay in case of the user’s withdrawal from the contract.
13. Service time and default
The rendering of services takes place after the payment has been received on the account of Company The delivery deadline is to be gathered from the article description. The user is authorized to withdraw from the purchase if the rendering of services is not possible due to extraordinary situations. In case of a failure to comply with the delivery deadline for other reasons, the user is further authorized to set an adequate grace period in writing under penalty of refusal and to withdraw from the contract after the unsuccessful expiration of the contractual services or delivery. Company reserves the right to partial performance if this option seems beneficial for a speedy processing and is reasonable for the user.
14. Receipt of Services
The modalities for services and receipt of services by the user are adjusted to the respective circumstances of the virtual goods and are to be taken from the article description. For the provision of virtual goods, acts of cooperation by means of the contract partner might be necessary, especially regarding a virtual manner of acceptance in such a way that one of each contract party's characters meet in the virtual goods in order to exchange the virtual goods. In such a case, Company will suggest date, time and location of the meeting to the user and take the user’s wishes into consideration as far as possible. The services for “high-skilling” or “high-leveling” comply with the virtual goods’s guidelines. It requires at least the transmission of the account dates (login-name and password and further information) by the user to Company In the course of the service provision and the use of the account by Company the user is not allowed to use the account simultaneously.
15. Limitation of Liability
The liability of Company for contractual breaches of duty as well as offense is limited to criminal intent and criminal neglect. This does not apply for injuries of life, body or health of the user or claims regarding breach of cardinal obligations or compensation for damage caused by delay. In the aforementioned respect, Company is liable for any degree of fault.
In no event, the Company will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the website. Company shall not be liable for any damages, liability or losses arising out of:
1) user use of the website;
2) illegal use of the website of any user.
These Terms and Conditions do not aim to limit liability or restrict your rights as a user that can not be shortened by the Applicable Law.
The guarantee takes place according to the legal provisions.
The stated prices are retail prices including the legal sales tax not including costs of delivery if applicable. The contract data consisting of the wording of the contract and the general terms and conditions are saved by Company The user can request the saved data after the conclusion of the contract from Company via Email (Email address: [email protected]
) The user can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations (Strg p, Strg s). The contractual language is in English. Contends in other languages on this webpage are non binding translations. If the user is a merchant or has no general jurisdiction (legal domicile) within the country, Seychelles is the exclusive local jurisdiction for any disputes arising from this contractual relationship. Seychelles law applies to the exclusion of the Uniform Law on the International Sale of Goods (CISG). Should one clause of this agreement become completely or partially ineffective or loses its validity later on, the validity of the remaining regulations remains unaffected. In place of the ineffective regulation the legal specifications apply.
The website is provided “as is” and “as available”. We disclaims all warranties and obligation not expressed in these Terms and Conditions. We do not grantee that website will be uninterrupted or without errors. You agree risk arising out of your use of the services, any risk arising out of your use of the website, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
You agree to indemnify and hold the Company harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
1) your use of the website or services obtained through your use of the website;
2) your breach or violation of any of these Terms and Conditions;
3) your violation of the rights of other users.
19. Intellectual Property
The website and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company. Company`s intellectual property is protected by international copyright, trade secret and other intellectual property or proprietary rights laws.
You must not distribute, modify, copy, reproduce, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website.
Any use of the content of the website not permitted in written form by these Terms and Condition is a breach of these Terms and Conditions and may violate copyright, trademark, patent and other laws.
20. Governing Law and Jurisdiction
You agree that any dispute arising out of or relating to the website, these Terms and Conditions, or any content posted to the website, will be governed by the laws of Republic of Seychelles.
21. Communication with the user
The communication between Company and the user is mainly done by e-mail or ticket system. The user is responsible to be reachable via e-mail or any other with Company stipulated communication way. The user has especially to make sure, that e-mails from Company can actually reach him. This also includes safety settings, e.g. spam filter and to check an eventual folder for spam.
22. Return policy
If a user did not receive a money within 30 days from the payment day and he/she is able to confirm mentioned above issue, then a user can ask to refund his/her money.You can explain the return also by the demand of withdrawal in text form, as e.g. letter, fax or e-mail. To keep the period it is enough to forward the goods or the demand of withdrawal in time. The demand of withdrawal has to be sent to the following email address: [email protected]
Company mediates solely the rescission of the contract between the performance supplier and the user. The mediation contract between Company and the user expires with the in time exercise of the right of return against the performance supplier. In case of a demand of withdrawal the on both sides received benefits have to be awarded back and should the situation arise the gained advantage as well. If you are not able to return the received goods complete or in a changed form you have to give us insofar compensation. This does not apply, if the change only happened to check the object of contract. Apart from that you cannot avoid the compensation, while you do not take the object of contract into use like an owner and avoid any change of the object of contract within the revocation period.
Should the user cancel his order after 14 days and Company refunds his money, so the user has to face a processing fee up to 5 USD.
23. Contacts details
If you have any questions about these Terms and Conditions or any of the issues covered in these Terms and Conditions, please contact us via e-mail [email protected]