WHINKERTON.COM or Platform - e-commerce trading platform available through website WWW.WHINKERTON.COM, owned and administraded by the company WHINKERTON.COM Ltd with its registered office on 2nd Floor, Allied Building Annex, Francis Rachel Street, Victoria, Mahe , Seychelles, incorporated under the number 165022.
User – any person using browsing and/or using any content of WHINKERTON.COM and its subpages.
Item - in-game currency, activation code or service.
When using any services or sending e-mails, messages via Skype or Facebook/Twitter/Google+ to WHINKERTON.COM, you communicate with WHINKERTON.COM electronically. You consent to receive communications from WHINKERTON.COM electronically. We will communicate with you by e-mail, SMS, Skype, Facebook/Twitter/Google+ messagner or by posting notices on Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
After your first purchase transaction on Platform, WHINKERTON.COM will automatically generate for you an account on Platform and send its details to e-mail provided by you at order checkout page - on this account you can check for example your order status or purchased activation codes. You can also create account on WHINKERTON.COM at any time by yourself via registration form or via use of Facebook/Twitter/Google+ account. You are responsible for updating your account details and maintaining the confidentiality of your account and its password and for restricting access to your Platform access device. You are liable for all actions conducted through your account, including but not limited to: purchase transactions, sale transactions, payment requests, changes of account details. You agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to secure the information of your account. Any notification or confirmation received by WHINKERTON.COM from your account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation. You are obliged to protect WHINKERTON.COM against losses and damage caused by the use of your account by you or third parties.
If you are under 18 (or have not reached another age which in light of your domestic law entitles you to conclude legally binding agreements), you may use WHINKERTON.COM services only with involvement of a parent or guardian.
If you believe that your account has been compromised you are obliged to immediately notify WHINKERTON.COM support about it.
You may pay for purchase on Platform and request money withdrawal for sold Items in such currency and payment method that is available on the Platform in accordance with the prevailing exchange rate determined by WHINKERTON.COM at its absolute discretion. By choosing certain payment methods, for purchase or money withdrawal for sold Items, additional payment method fee may apply and you are obliged to cover it. You will be notified in order summary or money withdrawal request website what fee you will be charged. This is caused by the need to cover payment provider fees that WHINKERTON.COM has to pay for the payout operation.
You shall not make payments with the use of other people’ or stolen credit/debit/prepaid cards/accounts/money or with means coming from undisclosed sources. You shall be solely liable to make payments and applicable taxes. WHINKERTON.COM shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever. WHINKERTON.COM shall be entitled to vary or modify or remove the modes of payment available on Platform (or any of them) at any time without prior notice to you.
It is the User's responsibility to determine which, if any, taxes apply to the payments received, and to report and remit the correct tax to the appropriate tax authority. WHINKERTON.COM is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction.
You may request payment withdrawal of gathered funds from sold Items on your WHINKERTON.COM account at any time and it will be processed within time frame provided in "My finances" tab in your WHINKERTON.COM account.
You can generate Gift Cards in your WHINKERTON.COM account, which can be gifted to any person and used for payment in Platform. After generating Gift Card its value will be deducted from your WHINKERTON.COM account balance.
6. Sale of Items
You may list and sell your Items on Platform in accordance with the procedures set out herein. Prior to you listing your Items on Platform, you must create an account, submit to WHINKERTON.COM and verify your telephone number, email address and Skype contact.
WHINKERTON.COM may at it absolute discretion: a) remove, suspend or modify, without any notice to you, any of the Items listed by you, b)determine the range of prices for each item listed on Platform, c) categorise you into the relevant group of sellers based on WHINKERTON.COM’ criteria.By listing Items on Platform, you have acknowledged and confirmed that: a) you have the right to list and sell Items, b) you warrant and represent to all persons viewing Items on Platform that Items are accurately described, good quality and fit for their respective purpose, c) you are the legal and beneficial owner of Items, and that you have permission to the usages of any pictures that you have uploaded, d) you are able and ready to transfer title and interest in Items to buyer as and when the buyer makes payment to WHINKERTON.COM, e) you are licensed to use the intellectual property contained or comprised in Items and/or pictures and you have not infringed any third-party intellectual property rights. You acknowledge and agree that WHINKERTON.COM is merely acting as a provider of Platform. WHINKERTON.COM shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the buyer to pay the price of the purchased Item and the amount of such payment. You shall resolve directly with buyer, any claims or complaints made by buyer in respect of the price, quality and condition of purchased Items. You shall be liable for all claims in relation to and in connection with the purchased Items, including, without limitation, defective quality and misdescription of purchased Items.
You shall deliver purchased (by buyer) Item to buyer upon our notification with order details sent digitally to e-mail adress registered on your WHINKERTON.COM account. Such delivery of purchased Item shall be in accordance with WHINKERTON.COM’ delivery procedures. You are not permitted to communicate with buyer in any way, without consent of WHINKERTON.COM.
Upon WHINKERTON.COM’ satisfactory receipt of the requisite documents and confirmation from you as evidence that you had delivered purchased Items to buyer in accordance with WHINKERTON.COM’ delivery procedures, and that WHINKERTON.COM has not received any notice of dispute from buyer, WHINKERTON.COM will credit agreed (before the delivery) amount of money to your WHINKERTON.COM account balance. For the avoidance of doubt, any payments made by WHINKERTON.COM to your WHINKERTON.COM account shall be in accordance withschedule determined by WHINKERTON.COM, subject to such variation or modification as WHINKERTON.COM shall in it absolute discretion determine from time to time.
If there is any dispute from buyer regarding delivered Item and you fail to resolve a dispute with buyer, you hereby irrevocably and unconditionally authorize WHINKERTON.COM to make a final decision at its absolute discretion and to hold your payment for sold Items until the dispute is settled. If WHINKERTON.COM resolves such dispute:
a) in your favour, WHINKERTON.COM shall then release to you and add to your WHINKERTON.COM account balance, held payment for delivered Items the subject-matter of dispute after deducting all costs and expenses incurred by WHINKERTON.COM in resolving the dispute or,
b) in favour of buyer, then, you hereby unconditionally and irrevocably authorize WHINKERTON.COM to refund to buyer all payments (including held payment) made by buyer in respect of purchased Items forming the subject-matter dispute. You shall bear all costs and fees incurred by WHINKERTON.COM in making such refund to buyer.
You hereby irrevocably and unconditionally authorises WHINKERTON.COM to deduct all money due and owing by you to WHINKERTON.COM (if any) from the moneys that are payable by WHINKERTON.COM to you in respect of the delivered sold Items.
7. Purchase, Refund and Return of Purchased Item
All purchased items on WHINKERTON.COM require Internet connection to work and are in english version. Purchased activation codes are shipped in digital form to e-mail adress provided by you in checkout within 15 minutes after WHINKERTON.COM receives complete, verified payment. If your purchased activation code does not work, WHINKERTON.COM will check such activation code and if WHINKERTON.COM decides that this activation code is invalid, you will receive replacement. If replaced activation code is invalid WHINKERTON.COM will check such activation code and and if WHINKERTON.COM decides that this activation code is invalid, you will receive refund of paid funds for that Item (excluding processing fees which were paid to payment gateway operator).
Purchased in-game currencies are delivered within 48 hours (but we do everything in our power to make the delivery as fast as possible and usually delivery takes up to 1h) after complete, verified payment. If only partial delivery has been made and/or delivery takes more than 48 hours, you can demand refund of paid funds (excluding handling fees which were paid to payment gateway operator and amount of refund which represents already delivered part of order).
By purchasing Items you do not acquire copyright or ownership of the corresponding game or software connected with the use of the Item.
In some cases, when you send payment for purchase on Platform, WHINKERTON.COM may conduct verification of your payment and request proof from you, confirming your identity and ownership of the account which from payment has been sent, including but not limited to: scan/photography of your passport, scan/photography of your identity card, scan/photography of your credit card used for payment, phone number. This verification is performed to prevent fraudulent activities and if WHINKERTON.COM suspects that the payment might not be approved by the owner of account which from the payment has been sent, WHINKERTON.COM has the right to cancell the purchase and send back the payment. You represent, warrant, acknowledge and takes full responsibility that information and documents submitted to WHINKERTON.COM are true, accurate, valid and complete and you shall maintain and promptly amend all information to keep it true, accurate, current and complete.
If an Item purchased on WHINKERTON.COM is not as described or its delivery is delayed or Item has been delivered partially, your sole remedy is to notify WHINKERTON.COM digitally via the contact form available at www.whinkerton.com/contact-us within 72 hours of the purchase and ask for a refund or replacement, additionally WHINKERTON.COM may in its sole discretion grant you discount coupon for delayed delivery of purchased Item. After assessing the request WHINKERTON.COM will, at its absolute discretion, determine whether (and if) to refund the full or partial price of the purchase.
Due to nature of the products, fully delivered Items are not returnable nor refundable.
WHINKERTON.COM attempt to be as accurate as possible in describing an Item. However, WHINKERTON.COM does not warrant that Item descriptions or other content of Platform is accurate, complete, reliable, current or error-free.
8. Availability of Platform
You may use Platform only as permitted by law and you are not allowed to use it in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.
Any texts, interactive functions, graphic materials, data compilations, logos, photographies, software, files and any other materials on the Platform is the property of WHINKERTON.COM and its content suppliers and is protected by international copyright laws. All software used on Platform is the property of WHINKERTON.COM or its software suppliers and is protected by international copyright laws.
WHINKERTON.COM makes no representation or claims to any title for any accounts, services or virtual items purchased or sold through this Platform. WHINKERTON.COM further makes no representations regarding the transferability, use, and ownership of any such accounts, services or virtual items. All copyrights, trade marks, service marks belong to the corresponding owners/publishers and WHINKERTON.COM is not related or associated to any of the said owners/publishers in any respect.
You specifically acknowledge that WHINKERTON.COM shall not be liable for User content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rest entirely with you. You shall not use Platform or any of its content to conduct any fraudulent, immoral or illegal activities or such activities that infringe the intellectual property rights of third parties. You shall not upload, email, post, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Platform. You shall not in any way deliberately disturb the Platform's activity or any activities taken with the use of the Platform. You shall not take any actions aimed at discovering access passwords or account details of other Users, including any attempts to guess the passwords or their account details. You shall not upload on the Platform any data containing any personal data of third parties. For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction. You expressly agree, understand and acknowledge that WHINKERTON.COM makes no representations regarding risks or your rights to buy and sell virtual in-game items, you also agree that any use of Platform is done so for your own personal account and not on behalf of any other party or business and not done as an investment activity.
You shall not solicit business from any Users in connection with a commercial activity that competes with WHINKERTON.COM and you undertake that you will not on your own behalf or on behalf on any person directly or indirectly canvass, solicit or endeavour to entice away from WHINKERTON.COM or an associated company any person who has at any time been employed or engaged by WHINKERTON.COM or an associated company. You shall not destroy or try to destroy good name and reputation of WHINKERTON.COM. You are aware, expressly agree, understand and acknowledge that trading in-game items may cause your in-game account, character, item or usability, get limited, banned, terminated, suspended and WHINKERTON.COM will not be liable for any damages of anykind to you. You shall immediately pay to WHINKERTON.COM all outstanding fees and charges due and owing to WHINKERTON.COM. You acknowledge and confirm that you shall take all steps and measures to regularly check and verify transaction history of your WHINKERTON.COM account. All Virtual Items reflected in your WHINKERTON.COM account are not actually owned by you, the value of the Virtual Items reflected in that account does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash.You shall not use Platform for any money laundering related activities nor for any actions providing to WHINKERTON.COM the risk of being accused of using the Platform for money laundering purposes.
12. Complaints Procedure and Disputes
13. Final Provisions
Any communication with Platform's administration shall be made by e-mail to the address: email@example.com
You may not transfer your rights, obligations or claims arising hereof to any third party without prior written consent of WHINKERTON.COM. You hereby consent to and agree that WHINKERTON.COM may transfer the rights and obligations arising from the agreement between WHINKERTON.COM and you to a third party, including the consent to transfer their personal data processed by WHINKERTON.COM.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Invalid, void, or for any reason unenforceable provisions will be replaced by such valid provisions which reflect the economic value, intention of WHINKERTON.COM and objective of the invalid or ineffective provisions to the highest extent.