Terms and Conditions
1. General Provisions
This document contains the terms and conditions of our website and rules about how you can use this website. By clicking the "Accept" button, or otherwise accessing or using the Online Store, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This acceptance constitutes a legally binding agreement between you (User) and us (Service Provider) for the use of the services we provide through our website. This agreement will be binding on you and us once you register an account on the website or when you use our other services that do not require registration. If you do not agree to these terms and conditions, please do not use our website.
2. Definitions
In this document, the following terms will have the meaning assigned to them below:
- "Service Provider" or "we" – Megamite DMCC, a company incorporated under the laws of the UAE with the number: DMCC189965, acting through the Agent SPACO, SA, a company registered under the laws of Spain with the tax identification number A78534468 and registered office address and place of business: Av. de la Industria 8, 28760 Tres Cantos, Madrid - Spain;
- "Website" – website, available at www.instacodez.com with all its subdomains;
- "T&C” – this document (with all its annexes and schedules attached);
- “Services” – any services available on the Website, provided by the Service Provider;
- "User” or “you” – any person who uses the Website and/or the Services. The User will be considered in particular, but without limitation:
- person who registers a User Account on the Website
- registered user who purchases Product through the Website
- person who purchases the Product through the Website without registration
- person who subscribes to the Newsletter (e) person who uses any other Service on the Website or simply who browses the Website;
- "Product" – goods in digital format, offered through the Website, especially video game keys or video game activation codes, subscriptions, prepaid cards and other digital goods.
- "Account" – a personalized part of the Website assigned to each registered User, where the User's data is stored.
- “Privacy Policy” – a separate document available on the Website, which describes how we process personal data of Users;
-
"Working days" – the website is available every day of the week except for possible technical interruptions, however, our team works from Monday to Friday, excluding holidays in the country where the Service Provider's registration is established.
Expressions in the singular are also applied to the plural when the context requires it, and vice versa.
3. Conditions of Use
- To use the Services, you must have full legal capacity (legal capacity is defined by the applicable laws of the country where you reside). Basically, if you are over 18 years old, you have full legal capacity, unless the applicable laws of the country where you reside indicate otherwise. Therefore, when you use the Services, you warrant that you have full legal capacity under the applicable laws of the country where you reside.
- When you use the Website, we may send you push notifications. You can enable, disable, or re-enable push notifications at any time by changing your browser settings.
- We reserve the right to place advertising content on the Website about services offered by us or by third parties. Entities not related to us may, therefore, place advertisements on the Website through links, banners, etc. We are not responsible for the content of these materials or any offers, information or activities of these third parties. The User, who decides to take actions recommended in said advertisements, does so exclusively at his or her own risk.
- When using the Website, it is prohibited:
- send, post or share any offensive, illegal or indecent content, or content that violates the rights of the Service Provider, other Users or third parties;
- send unsolicited commercial information and send offensive, defamatory or inappropriate messages;
- take any action that may hinder or interrupt the operation of the Website;
- attempt to circumvent security or network security measures, including attempting to access third party data (especially hacking other Users' Accounts) and intercepting data;
- use our or any third party's names, logos, trademarks or other intellectual property rights for any unauthorized purpose.
- Changes, modifications or updates to the content of the Website and other changes in 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 indicate otherwise or ( b) the provisions of generally applicable law indicate otherwise.
4. Minimum Requirements
To use the Website and Services, you should have:
- a computer or mobile device with internet access;
- an active email address;
- an Internet browser (preferably the latest version available), with cookies and JAVASCRIPT enabled.
5. User Account
- Creating an Account requires you to provide the necessary data in the registration form, including your email address and password. The Account is created for an indefinite period of time from the moment your Account registration is confirmed by us (the registration confirmation is sent to your email address). By registering an Account on the Website, you agree to comply with the provisions of the T&C. Creating an Account is free.
- You must protect your Account data, in particular the security of your password. We are not responsible for any loss or damage caused by your disclosure of your Account access details or unauthorized access to your Account by third parties.
- A User can only register one Account. An Account can only be assigned to one email address. The User does not have the right to transfer his Account to another person.
- The Account is digital content and the User expressly agrees to receive access to the Account immediately after completing the registration procedure. Therefore, the User has no right to withdraw from the contract for the provision of the Account service.
6. Updates and Maintenance
- We undertake to provide the Services on an ongoing basis, subject to interruptions when we need to carry out maintenance work on the Website or when we need to update the Website.
- We reserve the right to suspend the provision of Services for justified technical reasons or due to necessary maintenance work. If possible, we will inform you in advance of such suspensions.
7. Orders and Payments
- Payments for the purchase of Products are made through third-party payment operators. On the Website, you can find payment operators through which it is possible to pay for the purchase of Products.
- To purchase the Product, you need to place an order. Placing an order requires that you:
- choose the Product(s) you wish to purchase;
- click the "Buy" button;
- choose the payment method;
- fill in the required data;
- If you are registered and logged in to your account, please check the correctness of your email, if you are not registered or logged in to your account on the website, you need to provide us with your email address.
- click on the "Place Order" button;
- Upon completion of the order, you will be redirected to the payment operator's system. The order will be canceled if your payment has been rejected by the payment operator's system (regardless of the reasons). Also, as long as you have not made the payment, you can cancel the order yourself.
- We reserve the right to suspend the execution of the order for security reasons. In such case, we may ask the User to provide us with additional information, necessary to confirm the validity of the order they placed.
- The total cost of the order (purchase price of the Product including all applicable fees and taxes) will be indicated at checkout before placing the order.
- You will receive an order confirmation at the email address indicated when placing the order.
- Prices for the Products can be paid in the currencies indicated on the Website. Prices include all taxes.
- Orders can be placed 24 hours a day, seven days a week. However, the User acknowledges that if problems arise in the processing of payment or delivery of the product, the completion of the order may be delayed.
- The Product must be delivered to the User within a few minutes, but no later than 1 business day from the receipt of the User's payment by the Service Provider. The delivery of the Product means the delivery to the User of the digital key or activation code, necessary for the User to access the given game or other good or program on an appropriate digital platform - the platforms on which the Product can be accessed or activated. Product are indicated in the offers available on the Website.
- Pre-orders – The above provisions will apply to the purchase of Pre-order Products, subject to the following specific rules that apply only to Pre-orders:
- You can also place an order for Pre-Order Products. You pay for the Pre-order on the order date, however, the Product will be delivered to you on a release date (the release date will be indicated on the Website).
- You can cancel your pre-order at any time up to 2 days before the release date (provided no activation key or code has been given to you).
- If the release date of the Product has changed (for example, if the publisher of a certain game has postponed its release date), the delivery date of your Pre-order will also be changed accordingly - you will be notified by email.
8. Rates
- When you make a purchase of the Product on the Website, we will charge you our Operational Fee.
- The amount of our fee is visible at the checkout before the User places the order. The fee is charged when placing an order by the User.
9. Returns
- You have the right to withdraw from the purchase of the Product within 14 days of purchase. To exercise your right of withdrawal, you need to use the corresponding tab on the Website or contact us through the support systems available on the Website. If you exercise your right of withdrawal within said period, you will receive a full refund of your payment (for the Products to which your withdrawal of purchase applies and in the amount actually collected from you).
- However, please note that all Products available for purchase through the Website are digital content. When your order is paid and processed correctly, you will have access to the success page where you will see your order and a checkbox where you must confirm if the product you ordered is correct and you want to display and access the activation keys or codes for these Products - you can obtain such access by checking the box and clicking the "Show Activation Code" button (or a button with a similar meaning in English or another selected language).
- By clicking on the "Show Activation Code" button, you expressly agree to the delivery of the Product before the expiration of the period to exercise your right to withdraw from the purchase. This results in the loss of your right to withdraw from the purchase. Therefore, once you have been granted access to the Product (your key or activation code), the sales contract has been fully executed and you will no longer be able to cancel an order.
- However, you will also be entitled to a refund in the following cases (including additional fees if charged):
- the order has been canceled for security reasons;
- the order has been canceled due to our fault or the fault of our supplier;
- failure to accept payment by the payment operator's system;
- receipt of the defective Product by the User (provided that they have requested a refund and that the complaint has been accepted);
- waiver of the Pre-order within the period specified in the T&C;
- If you ordered more than one Product and cancel the purchase of only part of the Products ordered, you will not receive a refund of the Operational Fee.
- Refunds are generally made according to the same payment method you selected for payment.
10. Newsletter
- Within the Newsletter, we will send Users (regularly or at various intervals) information, including commercial information, about promotions, new offers, events, competitions, etc. regarding products and/or services offered by us and our suppliers or our trusted partners. This information will be sent to the email address provided by the User.
- To subscribe to the Newsletter, you need to provide us with your email address. By subscribing to the Newsletter, you agree to the content of the T&C (which describes this service). This means that you agree to receive commercial information.
- The Newsletter service will be active from the moment you receive an email confirming your subscription to the Newsletter. The Newsletter will be provided to you for an indefinite period of time. The Bulletin service is free.
- You may unsubscribe from the Newsletter (terminate the Newsletter service) at any time by sending us an email with such a request or by using the appropriate link in the messages you will receive.
- We may also terminate the Newsletter service at any time. We do not need to notify you of the termination of the Newsletter service by sending you an email.
11. Intellectual Property Rights
- The Website is the property of Megamite DMCC. The use of the Website by the Users based on these T&C in no way results in the purchase by the Users from us of any intellectual property rights or in the grant of a license to any of the contents of the Website , unless the provisions of the T&C clearly indicate otherwise. The Website database, the software to use the Services and all other elements and content available on the Website are our exclusive intellectual property (or the property of our licensors). This includes in particular: content, verbal or graphic signs, names, images, graphics, source codes, as well as their selection, combination, arrangement and available functionalities.
- You may use the Website and the data contained therein only as set out in the T&C. This means that you do not have the right to:
- translate, adapt, make layout changes or other changes to the Website's computer system;
- disseminate, reproduce, copy, use all or part of the information contained on the Website, unless the provisions of our other contracts or documents clearly indicate otherwise. This does not apply to the automatic temporary storage of files in the device memory, which is a result of simply using the Website for purposes consistent with the T&Cs and fair use law cases;
- provide access to the Website and its database to third parties, including making the password available to third parties;
- obtain information about the internal structure or operating principles of the Website software;
- unauthorized download, change or delete the data contained on the Website;
- retain and reproduce data downloaded from the Website, except for printing for your own purposes only, unless the provisions of our other contracts or documents indicate otherwise.
12. Responsibility
- We 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 also be temporarily unavailable due to a system failure beyond our control. In such cases, the User or Seller has no right to make claims resulting from the temporary inability to use the Services as a result of the above circumstances.
- The Services provided through the Website are basically available on an "AS IS" and "AS AVAILABLE" basis. Therefore, we make no express or implied warranty towards the Products, in particular but not limited to warranty of condition, quality, durability, performance, reliability, merchantability or fitness for a particular purpose.
- To the maximum extent permitted by applicable laws:
- The Service Provider is not responsible for any damage caused to the User as a result of the use of the Website and the Services by another User.
- Users cannot make any claims in relation to our Services that are free;
- The liability of the Service Provider towards the User for each transaction made through the Website (especially the purchase of Products) is limited to an amount equal to the amounts that the User has actually paid to the Service Provider.
- If we receive official or credible notification that any content shared, posted or published by the User on the Website is illegal (for example, violates applicable law or the rights of other people, such as copyright or industrial property rights of third parties), we will block access to said content. In this case, we are not liable to the User for any damage resulting from our blocking of access to such content.
- We are also not responsible for permanent or temporary interruption of the Services resulting from force majeure, random events or third party interference. Force Majeure means any situation that prevents us from fulfilling our obligations, which are beyond our control. For example, circumstances such as strikes, nuclear force or random accidents, war or an act of terrorism, riots, civil unrest, failure of a technical device, hacking, natural disasters (e.g. earthquakes, fires, hurricanes) should be considered force majeure. , floods, droughts, tsunamis, volcanic eruptions, etc.), equipment failures resulting from, for example, humidity of equipment or electronic overloads, infiltration of groundwater, freezing of walls, etc.
13. User Content
- The only content that users will be able to publish on the website are opinions under the products.
- If you post or share any opinions, you do so at your own risk. By posting or sharing any opinion, you guarantee that the content you share or publish is legitimate, in particular it 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 post.
- We reserve the right to review the feedback you provide. If we find your content to be 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 posted violates the rights of any third party.
- When you post content to the Website, you grant us a non-exclusive, worldwide, royalty-free license (with rights to sublicense) to use, modify, distribute, transmit and publicly display that content in connection with the Website, on 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 us.
14. User Responsibility
- If, as a result of your use of the Website, third parties bring claims against us, we will take legal action against you to relieve us of such liability. By using the Website, you agree to indemnify us against any third party claims. This applies in particular, but is not limited to, claims relating to:
- the content published or shared by you on the Website;
- your failure to comply with the provisions of the T&C or other rules of use of the Website;
- your failure to comply with applicable laws;
- your violation of the rights of third parties.
- The User's obligation to indemnify the Service Provider survives the termination of the agreements concluded between the Service Provider and the User.
15. Termination – deletion or suspension of the Account
-
Deleting an Account means the termination of the agreement for the provision of the Account Service between you and us - the Account is deleted from the Website and the User will no longer have access to it.
Suspending an Account means temporarily blocking the User's access to all functionalities of the Account (i.e. the User cannot use all the Services or place orders). - The User can delete his/her Account at any time. To delete an account, the user must contact the Service Provider through the support systems or contact forms available on the Website. The Account will be deleted within 14 days of receipt of the request.
- We may temporarily suspend the User's Account for important reasons, for example, if we reasonably suspect that the User has violated the provisions of the T&C or infringes the rights of third parties. Suspension of the Account for the above reasons will not be less than 24 hours nor more than 60 days (with our right to extend the suspension for subsequent periods in justified cases). We decide on the duration of the Account suspension.
- We may also suspend the User's Account for an indefinite period if:
- the User is suspected of using the Website or the Services for illegal purposes, such as misappropriation, abuse, fraud, money laundering, etc.;
- We have reasonable suspicion to believe that access to the Account was obtained by unauthorized persons;
- We have reasonable suspicion to believe that the User has used a stolen credit card to pay for the Product ordered;
- The User's Account may also be deleted by the Service Provider with immediate effect, if the User commits a material violation of the provisions of the T&C. Deletion of the Account by the Service Provider is possible in particular, but without limitation, in the following situations:
- the User uses the Website to post unauthorized advertisements, sends unsolicited or harmful messages via email or online communicators of the Website, including but not limited to unsolicited commercial information and so-called "chains";
- The User provides or publishes false or misleading information about products or services available on the Website;
- Frequent suspensions of the User's Account;
- Confirmed case that the User has used a stolen credit card to pay for the ordered Product;
- the User represents himself or herself as a representative of the Service Provider or responds to press inquiries (or inquiries from other media, including social media) about the Website and our Services.
- the User performed action(s) regarding which the Service Provider had reasonable doubts, in particular the Service Provider considers such actions harmful or undesirable, and the User would not renounce these actions within 7 days of receiving the request from the Service Provider by email.
- Notice of termination (deletion or suspension of the Account by us) will be sent to the User by email.
- We may also terminate our agreements with Users if we decide to cease our activity related to the Website. In this case, we will give Users at least 6 months notice by email. After the notice period, all Accounts will be deleted.
- We reserve the right to refuse to register a new Account or 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.
16. Claims Procedure
- Any claim related to our Services and Products purchased through the Website must be submitted through our online support systems.
- The User's claim about the purchased Product must contain at least:
- User contact details (if the claim is submitted by an unregistered User);
- Product Details (name, number of keys or activation codes purchased by the User) and date of purchase;
- Description of the complaint (description of the problem with the delivered Product);
- User Claim (for example, claim for: refund / delivery of a new Product / delivery of a Product without defects).
- The User's claim about other Services must contain at least:
- User contact details (if the claim is submitted by an unregistered User);
- Description of the complaint (description of the problem with the Service provided);
- If possible, you must provide evidence to substantiate the claim.
- We will respond to the complaint as soon as possible, but no later than 14 days after receipt (however, if we do not respond within this period, it does NOT mean that we will automatically consider your complaint as justified, unless otherwise provided in the generally applicable law of your place of residence).
- We will respond to your complaint by email or online contact channels available on the Website.
17. Applicable Laws. Dispute resolution.
- These T&Cs will be governed by and construed in accordance with the laws of Spain.
- The above choice of applicable laws does not exclude or limit your rights arising from the laws generally applicable in your country of residence if you are a Consumer.
- We aim to resolve any dispute between us and Users amicably. If you have any questions for us, you can contact us through:
- contact details provided in the T&C;
- contact forms and support systems available on the Website.
- However, if we are unable to reach an amicable resolution of the dispute, disputes will be resolved by the courts having jurisdiction over our registered entries.
- The above does not limit your right to bring legal proceedings in your country of residence (if you have such a right under the laws generally applicable in your country of residence, in particular if you are a consumer). If you are an EU consumer, you have the right to use extrajudicial methods to resolve disputes arising from the contract concluded with us, in particular you have the right to use the Online Dispute Resolution platform operated by the European Commission (details on this are can be found on this website: http://ec.europa.eu/consumers/odr/).
18. Contact Information
- You can contact us:
- in writing: to our registered office address: Av. de la Industria 8, 28760 Tres Cantos, Madrid - SPAIN.
- through the support systems or contact forms available on the Website
- by email: info@instacodez.com
19. Changes in T&C
- We reserve the right to change the provisions of the T&C at any time, for example, if necessary due to a change in applicable laws or if we change the scope of our Services.
- We will notify Users of any changes to the T&Cs via email. We will also publish the modified content of the T&C on the Website.
- Changes to the T&C will come into effect within 7 days of email notification (unless we provide a longer period). Changes to the T&Cs relating to our data (our name, registered office address, contact details, etc.) or changes to the domain address of the Website may come into effect without notice period.
- The changes will not affect any transactions concluded before the entry into force of the new T&C.
- If you continue to use our Website after the amended T&Cs come into effect, we will assume that you agree to the changes. If you do not agree to the changes, you may no longer use the Website.
20. Personal Data
- All personal data is collected and processed by us in accordance with applicable laws and our Privacy Policy.
21. Final Provisions
- These T&Cs are available on the Website free of charge in order to allow your registration.
- These T&Cs may also be available in languages other than English. However, in case of discrepancies between the different language versions, the English version will prevail.
- If any provision of these T&C is deemed invalid or unenforceable, such provision will be omitted, which does not affect the validity of the remaining provisions of the T&C.