Terms of Use
Effective Date: March 20th, 2024
Thе Gainkit.com website is operated by TERRAVERSE LTD, a legal entity duly
incorporated under laws
of United Kingdom, with its registration number 12729165, registered address is 128 City
Road, London, United Kingdom, EC1V 2NX
IMPORTANT! PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
1. Definitions
“Buyer(s)” shall refer to the individual or entity seeking to purchase Goods from Sellers.
“Content” shall refer to the contents of the Website, including without limitation the text,
graphics, images, audio, and video, as well as any product descriptions, pricing, and reviews.
“Content” does not include User Submitted Content as defined below.
“Goods” shall refer to the virtual goods for use within computer games listed for sale on the
Website.
“Gainkit” refers to the company TERRAVERSE LTD.
“Services” shall refer to the services provided by Gainkit through the Website,
consisting of a
platform for connecting Buyers seeking to purchase virtual goods for use within computer games.
“Users” shall refer to anyone who uses Gainkit’s Services, including users of the
Website.
“You” shall refer to you, the person who is entering this Agreement with Gainkit
.
2. Acceptance of the Terms of Service
By visiting the Website or using the Services, You accept and agree to these Terms of Service and the
Privacy Policy, which is incorporated by reference into these Terms of Service. These Terms of Service
constitute a legal agreement between You and Gainkit and spell out the terms and
conditions to which You
must adhere. If You do not agree to any of these terms and conditions, then do not use the Website or
Services.
3. Use of Website, Content, and Services
The Website, Content, and Services are owned by Gainkit and constitute proprietary
information and
property and are protected by United Kingdom copyright and/or trademark law, as well as applicable
foreign laws.
Gainkit hereby grants You permission to use the Content, provided that (i) your use is
solely for your
personal, noncommercial use (other than purchasing or selling the Goods featured on the Website); (ii)
You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform,
distribute, or otherwise use the Content for any public or commercial purpose, including the use of the
Content on any other website. To the extent the Website provides features allowing You to distribute the
content by email, social media, or another method, You may distribute the Content using such features.
If You violate any of these terms, your permission to use the Content automatically terminates.
4. Rules of Use
As a condition for your use of the Website and Services, You agree (i) not to use the Services for any
illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations; (ii) not
to engage in any behavior that is violent, threatening, pornographic, racist, defamatory, hateful, or
otherwise objectionable as determined by Gainkit in its sole discretion; and (iii) not
to interfere or disrupt the Services or servers or networks connected to
the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any
other destructive code. You agree not to engage in price-switching or price-baiting practices when using
the Services. Gainkit has the right to interrupt, suspend, or terminate the Services if
it suspects that
You are engaging in unlawful, fraudulent, or abusive activity. If Gainkit terminates
your account or
access to the Services for a violation of this paragraph or these Terms of Service, You will not be
entitled to reimbursement of monies used to purchase virtual items or return of any virtual items.
However, upon termination, You will be entitled to withdraw any unused monies in your account.
5. Relationship of Parties
No joint venture, partnership, employment, or agency exists between You and Gainkit,
and nothing in
these Terms of Service shall be construed as creating any joint venture, partnership, or employment
relationship.
Among other services, our platform provides Users with opportunities to earn virtual gold
("Gold") by
viewing advertising materials or completing other tasks provided by our partners.
It is important to note that neither we nor our partners employ Users when paying for the completion of
such tasks. All payments are provided as part of a voluntary participation model and do not constitute
an employment relationship.
Before engaging with any tasks or services provided by our partners through our platform, we strongly
recommend that You review the terms and conditions of those partners’ services. Your participation in
partner-provided tasks is subject to their respective terms, which are independent of these Terms of
Service.
6. Ownership and Legal Compliance
Seller represents and warrants that he or she owns any Goods listed by Seller for sale on the Website
and is compliance with all applicable laws in connection with the sale of such Goods.
7. Account Information
You will need an account to use the Services. In order to sign in and register for an account, you will
need to have a Steam account administered by Valve Corporation and available at www.steamcommunity.com.
Gainkit is not affiliated with Valve Corporation. You shall protect any passwords and
account
information and take full responsibility for your own, and any third party, use of your account. If You
learn of any unauthorized use of your password or account, contact Gainkit immediately.
10. Payment and Gold Usage Terms
If you choose to create an account and use our Services, you agree to pay and take full responsibility
for all applicable charges and fees associated with these Services. You confirm that you are the
rightful owner of any credit card, PayPal account, Bitcoin wallet, or other payment method used for
transactions on our platform.
Users can purchase Gold to engage with platform features, including acquiring virtual goods ("Goods")
listed on the platform. Additionally, Gold can be earned through various promotional activities.
The Gold deposited in your account is exclusively for use within the platform and serves as an internal
currency to facilitate access to Services and features. Gold is not legal tender, a payment method, or a
medium for transactions with third parties. Any attempt to use Gold outside its designated purpose
constitutes a violation of these Terms and will result in appropriate actions, including but not limited
to account suspension, termination, or legal consequences where applicable.
Users may earn Gold for free by: Watching pre-approved video advertisements; Completing online surveys
through partnered services; Referring new users to the platform under referral campaigns; Engaging with
exclusive promotional offers made available periodically by Gainkit.
The amount of Gold earned and the requirements for earning will vary by activity and are subject to
change based on Gainkit’s discretion.
At your discretion, you may withdraw any available Gold in your account as monetary funds to your credit
or debit card. Prior to confirming a withdrawal, all applicable fees for the transaction will be clearly
displayed. By proceeding, you agree that you have reviewed and accepted these fees.
Withdrawal requests are typically processed within 24 hours; however, the time it takes for funds to
reflect in your account depends on your bank’s processing policies. Please consult your bank to
understand their timelines for receiving transfers.
Any withdrawal may be subject to service fees, which will be transparently displayed during the
transaction process.
We do not offer refunds for Gold purchases or usage unless otherwise specified in extraordinary
circumstances, at our sole discretion. For disputes arising from payments or withdrawals, please contact
our Support Panel for resolution. Gainkit reserves the right to make final decisions on
all
payment-related issues.
Gainkit employs advanced fraud detection and security systems to ensure the safety of
all transactions.
Any fraudulent or illegal activity related to payments or Gold usage will result in immediate account
suspension or termination. In such cases, we reserve the right to report the matter to appropriate legal
authorities.
11. Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience
to You and not as an endorsement by Gainkit of the contents, products, services, or
business practices
of such third party websites. Gainkit is not responsible for the content, products,
services, or
business practices of linked third party websites and does not make any representations regarding the
content, products, services, or business practices of such third party websites. If You decide to access
and/or use linked third party websites, You do so at your own risk. You are responsible for taking
precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan
horses, and other harmful or destructive content.
12. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Gainkit
DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Gainkit DOES NOT WARRANT THAT THE
WEBSITE OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR
THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Gainkit DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR
SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY GOODS LISTED ON THE
WEBSITE AND PURCHASED BY YOU. YOU assume all risk for any damage to your computer system or loss of data
that results from USE OF the WEBSITE OR services, including any damages resulting from computer viruses.
Gainkit does not authorize anyone to make any warranties on its behalf, and you should
not rely on any
warranties made by third parties.
13. Limitation of Liability
NEITHER Gainkit NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR
SERVICES SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH (I) ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR
APPLICATION, OR (II) THE SALE, PURCHASE, OR USE OF THE GOODS.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF
CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF Gainkit HAS PREVIOUSLY BEEN ADVISED
OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR
INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR
INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES; AND/OR (V) ANY GOODS
SOLD OR PURCHASED.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or
consequential damages, the above limitation shall apply to the extent permissible under applicable law.
Gainkit’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE
AMOUNT PAID BY YOU TO
Gainkit OR $10, WHICHEVER IS GREATER.
14. Indemnification
You agree to defend, indemnify, and hold harmless Gainkit, its licensors, licensees,
distributors,
agents, representatives and other authorized users, and all of the foregoing entities' respective
officers, directors, owners, employees, agents, representatives, and assigns from and against any and
all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out
of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of
Service, (iii) the sale, purchase, or use of any Goods, (iv) your violation of any third party right,
including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You
that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any
claim. Gainkit reserves the
right to assume the exclusive defense and control of any matter otherwise subject to indemnification by
You. You shall not enter into any settlement agreement that affects the rights
of Gainkit without
Ganikit’s prior written approval.
15. Representation of Age and Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with
the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 18, as the Website and Services are not intended
for children under 18. If You are under 18 years of age, then please do not use the Website or Services.
16. Termination
Gainkit may, in its sole discretion, terminate or suspend your access or refuse service
at any time,
without notice, to all or any part of the Website or Services for any or no reason, including, but not
limited to, breach of these Terms of Service.
17. Assignment
These Terms of Service may not be assigned by You without the prior written approval
of Gainkit. Gainkit
may assign these Terms of Service without your consent.
18. Severability
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute,
regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall
be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation,
ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.
19. no Waiver
The failure of Gainkit to enforce any right or provision in these Terms of Service
shall not constitute
a waiver of such right or provision unless agreed to in writing by Gainkit. In
addition, Gainkit’s
waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent
breach.
20. Integration
These Terms of Service constitute the complete and final expression of the entire and only understanding
between You and Gainkit relating to the subject matter of this agreement and supersedes
any prior
written or oral representations.
21. Class Action Waiver
You agree not to act as a class representative or private attorney general, nor participate as a member
of a class of claimants, with respect to any claim arising from or relating to use of the Website,
Services, Privacy Policy, or these Terms of Service. Claims may not be arbitrated on a class or
representative basis. The arbitrator can decide only your individual claims. The arbitrator may not
consolidate or join the claims of other persons or parties who may be similarly situated.
Additional Terms and Conditions; EULAs
When you use website services provided by TERRAVERSE LTD
(hereinafter referred to as the TERRAVERSE LTD services provider") to make a purchase
on our website, responsibility over your purchase will first be transferred to
TERRAVERSE LTD before it is delivered to you. TERRAVERSE LTD
services provider assumes primary responsibility, with our assistance, for payment and payment
related customer support. The
terms between TERRAVERSE LTD services provider and customers who utilize
services
of TERRAVERSE LTD are governed
by separate agreements and are not subject to the Terms on this website.
With respect to customers making purchases through TERRAVERSE LTD services
provider
checkout, (i) the
Privacy Policy of TERRAVERSE LTD services provider shall apply to all
payments and
should be reviewed
before making any purchase, and (ii) the TERRAVERSE LTD services provider
Refund
Policy shall apply to all
payments unless notice is expressly provided by the relevant supplier to buyers in advance. In
addition the purchase of certain products may also require shoppers to agree to one or more End-User
License Agreements (or "EULAs") that may include additional terms set by the product supplier rather
than by Us or TERRAVERSE LTD services provider. You will be bound by any
EULA that
you agree to.
We and/or entities that sell products on our website by using TERRAVERSE LTD
services are primarily
responsible for warranty, maintenance, technical or product support services for those Products. We
and/or entities that sell products on our website are primarily responsible to users for any
liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of
your items resulting from charges imposed by your relationship with payment services providers or
the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us via Support Panel
Questions related to payments made through TERRAVERSE LTD services provider
payment should be addressed to them.
Where possible, we will work with You and/or any user selling on our website, to resolve any disputes
arising from your purchase.
Thе Gainkit.com website is TERRAVERSE LTD, a legal entity duly
incorporated under laws
of United Kingdom and Wales, with its registration number 12729165, registered address is 128 City
Road, London, United Kingdom, EC1V 2NX.