Please read these Terms of Use ("Terms") carefully before using our Services. Nero Pin L.L.C., a company incorporated in the US ("we", "our" and "us"), provides e-commerce services ("Services") using our online Neropin platform (the "Platform") to facilitate the sale and purchase of (i) credits (“Game Credits”) which may be used to purchase virtual goods and items (such as weapons) (“Gaming Items”), or such virtual goods directly, for use within games ("Game(s)") operated by our affiliates and other third parties (the "Operators"); or (ii) subscriptions for Game Credits or Gaming Items or other digital content operated or otherwise provided by the Operators (together, the "Items"). By taking any step to register for and/or use all or any portion of the Services, you accept and agree to be bound by all the terms and conditions of these Terms. If you do not agree to any terms and conditions of these Terms, you must not use the Services.
If you live in the European Union, United Kingdom, Switzerland, or Norway, please note there are some different terms which apply to you, which can be found in Clause 21.
Please also read the Privacy Policy and any other policies we communicate to you from time to time, which, together with these Terms, constitute the entire agreement between you and us regarding your use of the Services, and the terms of which are incorporated by reference into these Terms.
If you are under the age of 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use the Platform.
We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will prevail and apply (to the extent permitted by applicable laws and regulations).
Our registered office is at: 30 N Gould St Ste N, Sheridan, WY 82801, US. Please contact us at [email protected] if you have any complaints or queries about the Services.
IMPORTANT NOTE ABOUT ITEMS AND OPERATOR'S TERMS
1.1 It is crucial that you thoroughly review and understand the terms and conditions set forth by the Operator governing: (i) the sale of Items by the Operator as seller to you as buyer; (ii) your rights concerning the Items; and (iii) your use of the relevant Game or Items (collectively, the "Operator's Terms") prior to purchasing any Items through our Services. The Operator's Terms define the terms under which you acquire the Items, as well as your rights and responsibilities regarding their use, including their value, and the terms and conditions related to their use, transfer, redemption, or cancellation.
1.2 We do not endorse or take responsibility for any specific Game or Item. We do not provide you with any rights to use the Items under these Terms. Any such rights are determined solely between you and the Operator under the Operator's Terms.
1.3 We are not a party to the Operator's Terms; these terms are solely between you and the Operator.
YOUR INFORMATION
We prioritize your privacy and will handle any personal data you provide in accordance with our Privacy Policy, which may be updated periodically.
LICENCE AND ACCESS
3.1 Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, and revocable licence to access and use the Services and any associated software for personal and non-commercial purposes. This licence does not extend to or include any resale or commercial exploitation of the Services or their content; the collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their content; downloading or copying of account information for the benefit of any third party; or using the Services in conjunction with data mining tools, robots, scrapers, or similar data gathering and extraction tools.
3.2 All rights not expressly granted to you by these Terms are reserved and retained by us, our affiliates, licensors, suppliers, publishers, rights holders, or other content providers, as applicable. The Services, or any part thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Use of any intellectual property rights owned by us, our affiliates, licensors, suppliers, publishers, rights holders, or content providers is subject to these Terms.
3.3 Any goodwill arising from the use of our and our affiliates' trademarks, trade names, business names, and service marks under these Terms shall be vested in us and our affiliates, as applicable.
3.4 We reserve the right to refuse to provide the Services to any individual for any reason, at our sole discretion, without the obligation to provide any justification or notification.
YOUR OBLIGATIONS AND USE OF THE SERVICES
4.1 You may use the Services in accordance with these Terms to search for information regarding Items, and to pre-order and purchase Items as made available on the Platform from time to time.
4.2 To use the Services, you must adhere to the requirements outlined in these Terms. Failure to comply with these requirements at any time necessitates an immediate cessation of your use of the Services. To the extent permitted by applicable law, you will be responsible for any legal consequences, including costs, losses, or damages that we may suffer or incur as a result of your non-compliance.
4.3 You are required to provide all necessary information and supporting documents (including, but not limited to, proof of your billing address and mobile phone number) as reasonably requested by us for your use of the Services, tax purposes, and/or compliance with applicable laws in any jurisdiction. We reserve the right to seek redress from you for any legal consequences, including costs, losses, or damages that we may suffer or incur if any information or documents you provide are false, inaccurate, incomplete, or misleading.
4.4 You must not use the Services: (a) in any manner that causes, or is likely to cause, interruption, damage, or impairment to the Services or any access thereto; or (b) for fraudulent purposes, or in connection with criminal offenses or other unlawful activities.
4.5 You must not use fraudulent methods to purchase Items or employ any payment methods for fraudulent purposes or in connection with criminal activities or other unlawful activities. If such activity is detected, we may refuse to process any purchase or initiate a refund for such Items. In the event that we initiate a refund, the relevant Operator will disable your access to the Items and/or retrieve them from you. We reserve the right to seek redress for any legal consequences, including costs, losses, or damages that we may suffer or incur as a result.
4.6 In addition to the restrictions specified in these Terms, you must not use the Services:
(a) to impose or potentially impose an unreasonable or disproportionate burden on the Services;
(b) to interfere or attempt to interfere with the Services or our ability to provide the Services; or
(c) to manipulate any transactions conducted via the Services in a manner that breaches these Terms, any Operator's Terms, or applicable law.
4.7 You acknowledge and agree that Operators, and not us or any of our affiliates, are responsible for accurately listing their Items. You are responsible for reviewing the descriptions of Items listed by Operators and making your own judgments before completing a purchase. All sales are final, and you agree to fulfill all obligations related to such sales.
WARRANTY
Our Services are provided to you on an "as is" and "where-is" basis, utilizing current technology. However, we warrant that we will provide the Services with reasonable skill and care. Subject to applicable law, we do not make any other representations, conditions, or warranties, express or implied, and you hereby waive all such representations, conditions, and warranties, including, without limitation: (a) that the Services or Items will meet your expectations, will always be available, accessible, uninterrupted, timely, secure, or free from errors; (b) that Items or information or content related to the Items included on or available through the Services will match what Operators have represented, will be available for sale at the time of listing, will be lawful to sell, or that Operators will fulfill their obligations as stated; (c) that Items will hold their value, retain their worth, or otherwise meet your expectations concerning their value, exchangeability, or utility; and (d) without limiting the generality of the foregoing: (i) any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (ii) any implied warranty arising from course of dealing or usage of trade; (iii) any implied obligation, liability, right, claim, or remedy under contract; and (iv) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence, in equity, or otherwise. To the fullest extent permitted by applicable law, we disclaim all such representations, conditions, and warranties.
OUR ROLE
6.1 We facilitate transactions conducted on the Platform, but we are neither the buyer nor the seller of the Items involved in these transactions. Any agreement for the sale of Items is strictly between you, as the buyer, and the Operator, as the seller. We are not a party to that agreement, nor do we assume any responsibility in relation to it. We are not acting as an agent for the Operator.
6.2 Please note that we do not directly provide credit or debit, stored value, or payment processing services for sales or purchases made on the Platform. These services are provided by, and remain the responsibility of, the issuer or operator of your respective credit or debit card, stored value facility, or payment service (each referred to as a "Payment Instrument" and such issuers and operators as "Payment Provider") under separate terms and conditions agreed upon between you and the Payment Provider.
6.3 You acknowledge and agree that:
(a) we are authorized by the Operators to collect and receive payments on their behalf for transactions made on the Platform between you, as the buyer, and the Operator, as the seller; and
(b) your payment obligation to the Operator is discharged once your payment to us is successfully completed for a particular transaction.
OUR RIGHTS AND OBLIGATIONS
7.1 We reserve the right, at our sole discretion, to suspend or terminate the Services, prevent or restrict access to the Services, or take any other action to limit your access to or availability of the Services. We may also suspend or terminate your access to the Services if we believe that you have breached these Terms or otherwise misused the Services.
7.2 You acknowledge and agree that we are entitled to cooperate with and provide information, including information about you or provided by you, to any administrative or judicial authority in any jurisdiction.
ADVERTISEMENT AND PROMOTIONS
8.1 We may offer you options to close or minimize advertisements on the Platform, but you must not screen or filter the advertisements in any way that is not explicitly authorized by us in writing. From time to time, we may also conduct marketing and promotional activities related to the Platform, such as "red packet" giveaways or top-up gifts.
8.2 Except as required by applicable law, we are not liable for any loss or damage you may incur as a result of transactions you engage in based on reliance on such advertisements, promotional or marketing information.
PRICE, DELIVERY OF ITEMS, AND SUBSCRIPTIONS
9.1 Price
The price you will pay for purchasing Items is determined by the Operator and denominated in a currency chosen by the Operator ("Purchase Currency") at the relevant time. Please note that the prices of Items available on the Platform may vary based on the Purchase Currency. Be mindful of recurring charges that may arise from purchasing Items. Additionally, you may be provided with an estimated value in your local currency of the actual Purchase Currency price for your purchase. This estimate is based on historical, not real-time, exchange rates and serves as an approximation of the Purchase Currency price.
If the Payment Instrument you use is not denominated in the Purchase Currency, you will pay the equivalent amount in your local currency (as determined by your Payment Provider) based on the Purchase Currency price. Your Payment Provider may also impose other fees (e.g., currency conversion or transaction fees) if you use a different currency. Please check with your Payment Provider for more information on these additional charges. You are solely responsible for any taxes, charges, or fees imposed by your Payment Provider. We and our affiliates are not liable for any exchange rate used by your Payment Provider. Taxes shall be determined based on the information and declarations you provide.
9.2 Delivery of Items
The Operator is responsible for delivering the Items you purchase through the Services, and we will not be responsible for any delivery issues.
If you request a refund for any Items, or if the Operator is unable to charge your payment method (e.g., due to insufficient funds or an expired card), the Operator may revoke your access to the relevant Items or retrieve them from you. We are not responsible for compensating you for any loss of access or other damages that may result.
In case of disputes regarding Items, including price or quality issues, such disputes must be resolved between you and the Operator without our involvement. By using the Services, you release us (and our affiliates, Payment Provider, employees, representatives, and agents) from any claims, demands, and damages arising from such disputes. However, we may, at our discretion, assist in resolving disputes but are not obligated to be a party to them.
You irrevocably authorize us to help settle disputes arising from your use of the Services. This may involve instructing the Payment Provider to hold or transfer funds related to the dispute. In such instances, you agree to indemnify us for any liabilities resulting from our decision.
9.3 Subscriptions
The Services may allow you to purchase content on a subscription basis, either as a recurring monthly subscription ("Monthly Subscription(s)") or as a one-time fixed-term subscription ("One-off Subscription(s)").
Monthly Subscriptions are automatically charged every 30 days, and you will be billed no more than 24 hours before the beginning of each billing period. If we are unable to charge your payment method, your subscription will be terminated for the following month. From time to time, we may offer promotions for Monthly Subscriptions at our discretion, and the specific terms will be communicated when you purchase.
You can cancel a Monthly Subscription at any time before the next billing period, and the cancellation will take effect in the following billing period. For example, if you cancel your subscription during a current billing period, you will still have access until the period ends, but the cancellation will be effective in the next period, with no refund for the current month.
To cancel, visit our website or contact your Payment Provider directly. Any instructions we receive from your Payment Provider are deemed authorized by you, and we are not liable for following such instructions. By canceling, you also authorize us to instruct the Operators to cancel your Monthly Subscription.
One-off Subscriptions are charged once upon purchase, and no refunds are provided.
OUR INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights related to the Platform and any software we provide for your use of the Services (including any future updates, upgrades, and new versions of such software) (the "Software") will remain our property or the property of our licensors. Except as explicitly stated in these Terms, you do not have any rights to use our intellectual property, including trademarks, product names (such as "Neropin"), logos, domain names, or other distinctive brand elements without our prior written consent.
10.2 You are not permitted to copy, modify, create derivative works, reverse compile, reverse engineer, or extract source code from the Software. Additionally, you may not sell, distribute, redistribute, or sublicense the Software unless we provide prior written consent or where applicable laws or regulations allow you to do so. If applicable laws or regulations entitle you to reverse compile or extract source code, you must contact us first to request the necessary information.
10.3 We may, from time to time, provide updates for the Software, either automatically or manually. Please note that the Software may not function correctly or at all if you do not install updates or new versions. We do not guarantee that we will provide updates for the Software or that any updates will be compatible with your device or system. All updates to the Software are subject to these Terms unless otherwise specified by us.
10.4 We may, at our discretion, offer technical support for the Platform (whether free or for a fee). Any technical support we provide is offered without any guarantees or warranties, and always subject to these Terms.
OPEN SOURCE SOFTWARE
11.1 The Software may include components subject to “open source” licenses (the "Open Source Software"). In cases where we utilize such Open Source Software, please note the following:
· YOUR DEVICE
· 12.1 To access and use the Services, you may require a stable internet connection. Additionally, certain functionalities within the Platform may need to be activated as specified within the Platform itself. If these requirements are not met, some functionalities may not be available for use.
· 12.2 Please be aware that we are not responsible for any third-party fees or charges (such as those from your internet or telecommunications provider) that you may incur as a result of your use of the Software or the Services.
PAID SERVICES
13.1 Some features of the Services may be offered as paid services. If you choose to utilize these paid services, you will incur a fee.
13.2 We reserve the right to modify, at our sole discretion, the fees we charge and the payment methods for these paid services. Additionally, we may introduce fees for services that were previously offered free of charge. We will provide advance notice of such changes through announcements or notifications. If you do not agree with these amendments or changes, you must cease using the affected service immediately.
COMPLIANCE WITH LAWS
14.1 You are solely responsible for understanding and adhering to all laws and regulations that apply to your use of the Services. You must not use the Services in any manner that violates applicable laws.
14.2 If the laws of the country or region where you are located prohibit or restrict any part of the Services, you must immediately discontinue using the Services.
OUR LIABILITY
15.1 We will exercise reasonable care to ensure that the Services operate without interruption and that your instructions are executed promptly and accurately. However, due to the inherent nature of the Services, which depend on the internet, payment systems, and third parties such as Operators and Payment Providers, we cannot guarantee uninterrupted or error-free operation. Additionally, you acknowledge and agree that access to the Services may be intermittently suspended, disrupted, or restricted due to: (i) system and network maintenance, repairs, or the implementation of new features or services; and/or (ii) processing, clearing, and settlement times of banking and payment systems.
15.2 To the fullest extent permitted by applicable laws and regulations, our total aggregate liability, including that of our affiliates, for any claims related to these Terms and the Services, arising from any circumstances, shall be limited to the greater of the following amounts: (i) the amount you have paid to us for the Services in the six months immediately preceding the date of the most recent claim; or (ii) USD 100.
15.3 To the extent permitted by applicable laws and regulations, neither we nor our affiliates shall be liable or responsible for:
(a) Any losses or damages caused by natural disasters or other circumstances beyond our reasonable control;
(b) Any damage caused by computer viruses, trojans, malware, or hackers;
(c) Any malfunction or failure of our or your software, systems, hardware, or connectivity;
(d) Losses that were not caused by any breach of these Terms by us;
(e) Risks and losses resulting from your non-compliance with applicable laws or these Terms;
(f) Any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure);
(g) Any indirect or consequential losses (regardless of whether such losses are foreseeable by us), or any incidental, punitive, special, or consequential damages, arising out of or in connection with these Terms, any other agreements applicable to the Services, the Services themselves, your inability to use the Services, or in connection with any Items purchased, obtained, messages received, or transactions paid for through the Services, whether or not we were advised of the possibility of such damages.
15.4 We shall not be liable for any depreciation of currency, foreign exchange losses, interest losses, or other risks related to amounts held, collected, or paid on your behalf or incurred as a result of using the Services. We are not obligated to pay you any accrued interest, and you agree that we or the Payment Provider are entitled to retain such interest.
15.5 To the fullest extent permitted by applicable law, we shall not be liable to you for any interruption or disruption of the Services or any potential losses that may occur in circumstances that are not reasonably foreseeable by us (including any direct losses that would otherwise arise).
15.6 To the fullest extent permitted by applicable law, we shall be exempt from any liability in relation to the following risks you may encounter:
(a) Information containing threatening, defamatory, or illegal content, including content from anonymous sources or individuals using fictitious names;
(b) Being misled or deceived by any person, resulting in psychological or physical harm and/or economic loss;
(c) Destruction, paralysis, or inability of your computer system to operate normally;
(d) Credit or debit card fraud; or
(e) Identity theft.
15.7 Upon receiving your payment instruction for any purchase of Items (including but not limited to Monthly Subscriptions and One-Off Subscriptions), you authorize us to allow the Payment Provider, or our or the Payment Provider’s bank, third-party partners, service providers, or agents, to charge or debit the amount specified in your payment instruction from your debit or credit card. In such cases, you shall not request a refund from us, and we shall not be liable to you for any actual or purported payment instruction due to unsigned receipts, inconsistent signatures, transactions not aligning with your intention, or any other reasons. You also authorize us, the Payment Provider, and our or the Payment Provider’s bank, third-party partners, service providers, or agents to initiate credits, debits, or other charges to your debit or credit card for processing refunds, chargebacks, or other adjustments related to your payment transaction. If you change your payment method or any relevant details (including but not limited to your credit card number, expiration date, and/or billing address), or if your payment account expires or is canceled for any reason, you agree to promptly notify us of such changes.
15.8 You hereby release us (and our affiliates, excluding Operators whose liabilities are covered under the Operator’s Terms, as well as our employees, representatives, and agents) from any claims, demands, and damages (whether actual, direct, consequential, or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute regarding the purchase or sale of Items through the Platform.
15.9 We do not guarantee the legality, authenticity, or quality of Items listed for sale via the Services, nor do we guarantee your ability to complete a transaction with an Operator or make a payment through a Payment Provider. We will not be liable to compensate or indemnify you for any loss suffered due to the authenticity or quality of the Items purchased via the Services.
15.10 Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities can be waived, limited, or excluded under applicable laws and regulations:
(a) Liability for death or personal injury caused by either Party’s negligence;
(b) Liability for fraud or fraudulent misrepresentation;
(c) Liability for willful misconduct; or
(d) Any other liability to the extent that such liability cannot be waived, limited, or excluded under applicable laws and regulations.
15.11 Nothing in these Terms affects your statutory rights (to the extent applicable) to have Items provided to you by the relevant Operator within a reasonable time or to receive a refund from the relevant Operator if the ordered Items cannot be supplied within a reasonable time.
15.12 To the extent permitted by applicable law, you agree to indemnify us, our partners, and our affiliates (excluding Operators) against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees), and liability arising from: (i) your use of the Services; or (ii) your breach of these Terms and Conditions.
INTERRUPTION, SUSPENSION, AND TERMINATION OF THE SERVICE
16.1 Without limiting the general provisions of Clause 15.1, we may, in accordance with our business or risk control requirements or those of our affiliates, including the Payment Provider, suspend, interrupt, or terminate your access to the Services or impose limitations on your use of the Services.
16.2 We reserve the right to interrupt, suspend, or terminate the Services without prior notice under the following circumstances:
(a) You provide false or incorrect information;
(b) You breach applicable laws or the provisions of these Terms;
(c) The Services are required to be interrupted, suspended, or terminated by applicable laws or competent authorities;
(d) You infringe upon the lawful rights and interests of third parties;
(e) The Services need to be interrupted, suspended, or terminated for security reasons; or
(f) You fail to pay any fees charged to you.
16.3 For the avoidance of doubt, the exercise of any suspension or termination rights by us under these Terms shall not incur any liability to you and shall not affect any other rights or remedies available to us under these Terms or applicable laws.
16.4 Provisions of these Terms that are intended, whether expressly or impliedly, to survive the termination or expiration of these Terms shall remain in effect and continue to bind both you and us.
16.5 If we suspend or terminate the Services due to a breach by you, we may direct the Payment Provider to instruct your bank to transfer funds or charge or debit your credit card to settle any outstanding obligations. In such cases, you agree not to hold us or the Payment Provider liable for such actions.
AMENDMENTS TO THESE TERMS
We reserve the right to modify these Terms at any time. The terms and conditions in effect at the time of your use of the Services will govern your use. Continued use of the Services following any amendment or change to these Terms will be considered acceptance of those changes. If you do not agree with the amendments, you must cease using the Services immediately.
ELECTRONIC COMMUNICATIONS
We will communicate with you via email or by posting notices on the Platform. You consent to receive electronic communications from us for contractual purposes, acknowledging that all agreements, notices, disclosures, and other communications delivered electronically will satisfy any legal requirements for written communication, unless specific laws dictate otherwise.
GOVERNING LAW AND DISPUTE RESOLUTION
Unless otherwise mandated by the applicable laws (such as statutory rights related to local court claims), these Terms and any disputes or claims arising from or in connection with them will be governed by the laws of the United States. Disputes, controversies, or claims (whether contractual, tortious, or otherwise) related to these Terms, including their existence, validity, interpretation, performance, breach, or termination, will be resolved in accordance with the laws of the state where Nero Pin is incorporated and in accordance with the procedures established under the Truth in Lending Act (TILA).
MISCELLANEOUS
20.1 The headings in these Terms and clauses are for convenience only and should not be used to interpret these Terms. Any amendments, supplements, novations, or restatements of these Terms will become an integral part of these Terms and have the same legal effect.
20.2 If any provision of these Terms is found to be invalid, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
20.3 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights or transfer our obligations under these Terms without your consent, including in the event of an acquisition of us or our assets, and you consent to any such transfer. In the event of an assignment or novation by us, we are authorized to transfer any or all of your data related to the Services.
20.4 These Terms constitute the entire agreement between you and us. No third party shall have any rights to enforce any part of these Terms.
TERMS SPECIFIC TO THE EUROPEAN UNION, UNITED KINGDOM, SWITZERLAND AND NORWAY
21.1 Clause 5 Warranty is replaced with the following:
Our Services are provided to you on an "as is" and "where-is" basis based on existing technology. However, we warrant that we will provide the Services with reasonable skill and care. When deciding whether to use the Services, please be aware that we cannot guarantee that Items or information or content related to the Items on or available through the Services will be as represented by Operators, that Operators will perform as promised, or that Items will maintain their value, meet your expectations, or represent fair value.
21.2 Clause 9.2 Delivery of Items is replaced with the following:
The Operator shall be responsible for the delivery of Items transacted through the Services. If you request a refund for any Items, or if the Operator cannot process payment due to issues such as insufficient funds or expiration of your payment method, the relevant Operator may disable your access to the Items and/or retrieve the Items from you.
In case of a dispute regarding Items, including disputes about the price and/or quality of Items bought and sold through the Services, you should attempt to resolve the issue directly with the Operator. We may assist in facilitating such disputes.
21.3 New Clause 9.4 is inserted as follows:
Your right to change your mind
When you purchase Items or paid services (as described in Clause 13), you have 14 days from the day we confirm acceptance of your order to change your mind and cancel the order. However, you will forfeit this right once you receive the Items or services if you agree to and acknowledge this upon ordering. To exercise your right to cancel, please contact us at [email protected]. You may also use the model cancellation form included in Schedule 1 to these Terms.
21.4 Clause 13.2 Paid Service is replaced with the following:
We may make changes to the amount of fees we charge and the payment methods for paid services. We may also impose fees on previously free services. We will announce or notify you before such changes take effect. If you disagree with these changes, you must cease using the relevant service before we start charging for it and may cancel your contract with us by contacting us at [email protected].
21.5 Clause 15 Our Liability is replaced with the following:
(a) We will exercise reasonable care to ensure that the Services are uninterrupted and that your instructions are promptly executed and error-free. However, due to the nature of the Services and their dependence on the internet, payment systems, and third parties such as Operators and Payment Providers, we cannot provide any guarantees in this respect. Additionally, you acknowledge and agree that access to the Services may occasionally be suspended, disrupted, or restricted due to: (i) systems and network maintenance or the introduction of new facilities or services; and/or (ii) processing times for banks and payment systems.
(b) If defective digital content we supply damages your device or other digital content, and such damage is due to our failure to exercise reasonable care, we will either repair the damage or provide compensation. However, we will not be liable for damage that you could have prevented by following our advice to apply updates provided free of charge, or for damage resulting from your failure to follow installation instructions or meet the minimum system requirements advised by us.
(c) Our Services are intended for domestic and private use only. If you use the Services for commercial, business, or resale purposes, we will not be liable for any loss of profit, business loss, business interruption, or loss of business opportunity.
(d) We are not responsible for delays caused by factors beyond our control. If our provision of the Services is delayed due to such an external event, we will notify you via the Platform and take steps to minimize the delay’s impact. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to terminate the contract and receive a refund for any Items or paid services that you have paid for but not received.
(e) We do not accept responsibility for any loss or damage:
(i) that was not caused by our breach of these Terms; or
(ii) that was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of our breach (a loss or damage is foreseeable if it was obvious that it would occur or if both parties knew it might occur at the time of entering into these Terms).
(f) As long as we have complied with these Terms, including our obligation to exercise reasonable care in providing the Services, we will not be responsible for the following, and you should take reasonable steps to protect yourself against these risks:
(i) information with threatening, defamatory, or illegal content, including from anonymous sources or individuals using fake or fictitious names;
(ii) being misled or deceived by any person resulting in psychological or physical harm and/or economic loss;
(iii) destruction, paralysis, or malfunction of your computer system;
(iv) credit or debit card fraud; or
(v) identity theft.
(g) Upon receipt of your payment instruction for any purchase of Items (including but not limited to Monthly Subscriptions and One-Off Subscriptions), you authorize us to allow the Payment Provider, or our or the Payment Provider’s bank or third-party partners, service providers, or agents, to charge or debit the amount requested from your debit or credit card according to your payment instruction. In such cases, you will not be entitled to request a refund from us, and we will not be liable for any issues related to actual or purported payment instructions due to unsigned receipts, inconsistent signatures, or transactions not matching your intention. You also authorize us, the Payment Provider, and our or the Payment Provider’s bank or third-party partners, service providers, or agents to initiate credits, debits, or other charges to your debit or credit card to process subsequent refunds, chargebacks, or adjustments related to your payment transaction. Should you change your payment method or relevant details (including but not limited to your credit card number, expiration date, and/or billing address), or if your payment account expires or is canceled for any reason, you agree to promptly notify us of such changes.
(h) We do not guarantee the legality, authenticity, or quality of Items listed for sale via the Services. We will not be liable to compensate you for any loss resulting from the authenticity or quality of Items purchased through the Services.
(i) We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury resulting from our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
(j) Nothing in these Terms affects your statutory legal rights (where applicable), such as the right to have Items provided by the relevant Operator within a reasonable time or to receive a refund from the relevant Operator if Items ordered cannot be supplied within a reasonable time.
21.6 New Clause 16.6 is inserted as follows:
We reserve the right to withdraw or suspend the Services or Platform at any time. We will provide you with reasonable advance notice before taking such action and will issue a refund for any Services or Items that have been paid for but will not be delivered.
21.7 New Clause 16.7 is inserted as follows:
You may discontinue your use of the Services and terminate your contract with us at any time by contacting us at [email protected].
21.8 Clause 17 Amendments to these Terms is replaced with the following:
We may revise these Terms at any time due to changes in laws, regulatory requirements, or to implement minor technical adjustments or improvements. We will notify you of such changes, including through the Platform. The terms and conditions in effect at the time of your use of the Services will apply. Continuing to use the Services after any amendment signifies your acceptance of the changes. If you do not agree with any amendments, you must cease using the Services before the changes take effect and may cancel your contract with us by contacting us at [email protected]. We will refund you for any Services or Items already paid for but not yet received.
21.9 Clause 19 Governing Law and Dispute Resolution is replaced with the following:
These Terms are governed by the laws of the country in which you reside, and you may bring legal proceedings in your local courts. Additionally, if you are located in the European Economic Area, disputes may be submitted for online resolution through the European Commission Online Dispute Resolution platform.
21.10 New Clause 20.5 is inserted as follows:
Even if we do not immediately enforce these Terms or delay in taking action against you for any breach, this does not waive our right to enforce them later. A delay in insisting on your compliance or in addressing your breach does not release you from your obligations, nor does it preclude us from pursuing enforcement at a later time.
Schedule 1 - Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Nero Pin L.L.C., 30 N Gould St Ste N, Sheridan, WY 82801, US, [email protected]:
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the provision of the following service [*],
Ordered on []/received on [],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate