Last Revised: February 18, 2018
(a) Certain products, services, and digital content (collectively, “Products”) may from time to time be made available to you for purchase through our network of websites (including without limitation, gamersbaycayman.com, netgeekz.com and netgeekzcayman.com (each, a “Website”)) and other services (collectively, the “Gamersbay Service”) offered by NetGeekz Media. (“NetGekz”). By purchasing any Products through the GAMERS BAY Service, you signify that you have read, understand and agree to be bound by the terms in these Terms of Sale and the Terms of Use and Service Agreement (including the arbitration and class action waiver provisions contained therein) (collectively, “Agreement”). Except as otherwise provided in the Terms of Use and Service Agreement, the terms contained in this Agreement are subject to change without prior written notice at any time, in GAMERS BAY’s sole discretion. Any modified terms will apply to any purchases made after such changes are posted on the GAMERS BAY Service. Therefore, you should review the terms contained in this Agreement prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to the terms contained in this Agreement, do not make any purchases through the GAMERS BAY Service.
(b) To make a purchase on the GAMERS BAY Service, you must be a registered user, have agreed to the Terms of Use and Service Agreement and comply with this Agreement. GAMERS BAY does not collect any credit card and/or billing information when you make a purchase on the GAMERS BAY Service. For more information about GAMERS BAY’s data protection practices, please read our Privacy Policy, which for residents in North America is incorporated by referenced into this Agreement and made part of this Agreement.
FOR RESIDENTS IN NORTH AMERICA ONLY:
GAMERS BAY sells its Products only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state or country of residence), you may make purchases on the GAMERS BAY Service only with the permission of a parent or guardian. GAMERS BAY reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
FOR RESIDENTS OUTSIDE NORTH AMERICA:
GAMERS BAY sells its Products only to those users who can legally make purchases with a credit card. If you are under the age of eighteen (18), please ask your parent or legal guardian to read and accept this Agreement on your behalf before you purchase any Product. If you (or, if applicable, your parent or guardian) do not agree to this Agreement, then you must not purchase any Product. You represent and warrant that you are a “natural person” who is over the age of eighteen (18) or whose legal guardian has accepted and agreed to this Agreement. IF YOU REJECT THIS AGREEMENT OR GAMERS BAY’S PRIVACY POLICY YOUR RETURN RIGHTS IN RELATION TO THE PRODUCT ARE GOVERNED BY YOUR STATUTORY RIGHTS IN THE COUNTRY WHERE YOU BOUGHT THE PROGRAM. PLEASE VISIT https://support.gamersbaycaymancom. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY RIGHTS.
(c) You are responsible for any applicable sales or use tax, duties (including import duties), customs or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and GAMERS BAY reserves the right to collect such taxes or other fees from you at any time.
Listed prices may be changed by GAMERS BAY at any time without notice to you. The prices listed on the GAMERS BAY Service do not guarantee those purchase prices until payment is made. If an incorrect price for a Product is listed due to typographical or other error, GAMERS BAY has the right to refuse or cancel any orders placed for such Products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by GAMERS BAY, GAMERS BAY will promptly issue a credit to your credit card account in the amount of the charge.
(d) GAMERS BAY may offer for sale a high-definition live video streaming service (the “HD Live Stream”) during some of its live events, including the GAMERS BAY Pro Circuit events. You are responsible for making all arrangements necessary for you to have access to our HD Live Stream at your own expense, including without limitation paying broadband fees and ensuring that your internet connection speed is sufficient to receive delivery of HD video. You are also responsible for ensuring that all persons accessing the HD Live Streams through your internet connection and/or computer are aware of these terms and that they comply with them. We reserve the right to amend the HD Live Streams with or without notice. The fees for the HD Live Streams are not refundable under any circumstances, except for any statutory warranties or guaranties that cannot be excluded or limited by law.
(e) For live GAMERS BAY events, GAMERS BAY sells various event passes, including player passes, team passes and spectator passes. All purchases of event passes are conditioned on your acceptance of the purchase terms, which are presented to you at the time of purchase. EVENT PASSES (INCLUDING PLAYER PASSES, TEAM PASSES AND SPECTATOR PASSES) ARE NON-REFUNDABLE. At GAMERS BAY’s sole discretion, player passes may be transferred to other users. Player passes, however, may not be resold for more than the purchase price, and they are not transferable to other live GAMERS BAY events. At GAMERS BAY’s sole discretion, GAMERS BAY may allow team passes for events to be transferred to other events during the same GAMERS BAY season; however, a processing fee will apply to a transfer of a team pass.
(f) GAMERS BAY Credits allow you access to a number of GAMERS BAY Service, including a la carte purchases, paid ladders and online tournaments. Any items received as a result of a redemption of GAMERS BAY Credits may not be exchanged or returned for cash or credit. GAMERS BAY Credits are not refundable under any circumstances, including in the event that your account is terminated or banned by GAMERS BAY, except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law. You may not assign or transfer any GAMERS BAY Credits. Any purported assignment or transfer of any GAMERS BAY Credits shall be void.
(g) (i) GAMERS BAY may offer certain Products in connection with the GAMERS BAY Service on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. GAMERS BAY reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide reasonable notice of such discontinuance or modification. You must affirmatively consent to the new payment terms in order to continue receiving the Subscription Services. If you do not affirmatively consent, your subscription will be cancelled. In addition, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion. You are responsible for all charges incurred under your account. GAMERS BAY reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
(ii) If you choose a Subscription Service (including any pre-paid subscription option or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant GAMERS BAY permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until GAMERS BAY has verified that the credit card or other payment information you provide GAMERS BAY for payment is accurate and that your payment method account is in good standing. You further agree that GAMERS BAY may charge any other applicable fees for the Subscription Service that you agree to, including any early termination fee, to your payment method. You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify GAMERS BAY if your selected payment method is cancelled (e.g., for loss or theft).
(iii) GAMERS BAY reserves the right to suspend or terminate your access to any Subscription Service that is a part of the GAMERS BAY Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to GAMERS BAY when GAMERS BAY believes you are liable for the charges.
(iv) You may choose not to renew your Subscription Service at any time by sending notice to GAMERS BAY. Your cancellation is effective at the end of the current subscription term.
(h) When you make a purchase on the GAMERS BAY Service, you lose your right to cancel once you have made your purchase and we do not offer any returns, exchanges, refunds or credits, including fees for Subscription Services, except for any statutory warranties or guarantees that cannot be excluded or limited by law.
(i) You are subject to all terms and conditions of the payment processor(s) and the payment method(s) you choose. By submitting an order through the GAMERS BAY Service, you authorize GAMERS BAY’s designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by GAMERS BAY. GAMERS BAY may impose an additional transaction fee based on transactions associated with the GAMERS BAY Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
(j) GAMERS BAY and its suppliers and licensors continually upgrade and revise the GAMERS BAY Service to provide you with new Products. GAMERS BAY may revise, discontinue or modify any Products at any time without prior notice to you, and Products may become unavailable without notice. GAMERS BAY shall have no liability of any kind if any Product that has been ordered is unavailable.
(k) For residents outside North America: Subject to the next sentence, GAMERS BAY does not guarantee that any GAMERS BAY Service or Product will be available or error-free at all times or at any given time. GAMERS BAY warrants that the GAMERS BAY Service and Products will be provided with reasonable care and skill. GAMERS BAY may change and update the GAMERS BAY Service and Products without notice to you (provided always that any such changes do not result in material degradation in the functionality of the GAMERS BAY Service and Products which have been paid-for with real money). GAMERS BAY makes no warranty or representation regarding the availability of the GAMERS BAY Service and Products which are free (i.e. not paid-for with real money) and reserves the right to modify or discontinue them in its sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time. GAMERS BAY is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control. If such circumstances result in material degradation in the functionality of any Product or GAMERS BAY Service, then your obligation to make any payment to download, use or access them will be suspended for the duration of such period. GAMERS BAY is entitled to modify or discontinue any GAMERS BAY Service which is paid-for with real money in its sole discretion upon reasonable notice to you. The warranty for the GAMERS BAY Service and Products is provided in accordance with your statutory rights as a consumer which will always prevail.
German Residents Only.
If you are a consumer (i.e. a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession), then you shall have a right of withdrawal as set out hereafter.
Information concerning the exercise of the right of withdrawal
Right of Withdrawal
Subject to restrictions place under local law, you have the right to withdraw from any Purchase Contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day of the conclusion of the Purchase Contract. To exercise the right of withdrawal, you must inform us (contact details available at https://support.NetGeekz Media.com) of your decision to withdraw from a Purchase Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form attached hereafter, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the Purchase Contract, we shall reimburse to you all payments received from you under this Purchase Contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this Purchase Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services under a Purchase Contract during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from that Purchase Contract, in comparison with the full coverage of these services under the Purchase Contract.
End of the information concerning the exercise of the right of withdrawal
You lose your right of withdrawal, insofar as the Purchase Contract is a service contract, after the service has been fully performed and if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the service has been fully performed by us.
You lose your right of withdrawal insofar as the Purchase Contract comprises the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
Based on the aforesaid you understand that by purchasing Service Provided Content, you consent that we make available these Service Provided Content to you directly after we have accepted your order. You will lose your right of withdrawal once the Service Provided Content have been made fully available to you by us. However, your right of withdrawal is not lost if you purchase Virtual Goods that are granted to you for a certain period of time (e.g. time-limited premium memberships).
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Model withdrawal Form
Please complete and return this withdrawal form if you wish to withdraw from a contract with us.
To: NetGeekz Media Ltd.
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods/ the provision of the following services:*
Ordered/ received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only required if this form is notified on paper)
Date:
(*) Delete where appropriate.
