1. APPLICATION AND ACCEPTANCE OF TERMS

1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and the mcubesgames.com entity listed below (“Gameex” or “we”) for the use of mcubesgames.com transaction services.

1.2 Transactional Terms. gameex.in provides an online transaction platform and ancillary services (“Transaction Services”) on the website

http://gameex.in/ which allow registered members of the Websites to conclude online transactions for products or services within the Websites subject to the terms of this Agreement. Gameex.in may publish transaction rules, dispute rules, and other rules and policies for any type of online transaction (“Transactional Terms”). Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies.

1.3 General Terms. You agree that you shall also comply with relevant website rules and policies published on the Websites which are also incorporated into this Agreement by reference (“General Terms”). The General Terms include without limitation:

1.4 Binding Agreement. This Agreement including the Transactional Terms and the General Terms forms a legally binding agreement between you and mcubesgames.com in relation to your use of the Transaction Services. By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement. Please do not use the Transaction Services if you do not accept all of the terms of this Agreement.

1.5 Amendments. You acknowledge and agree that mcubesgames.com may amend any terms of this Agreement including the Transactional Terms and the General Terms at any time by posting the relevant amended and restated version on the Website. The amended terms shall be effective immediately upon posting. By continuing to use the Transaction Services, you agree that the amended terms will apply to you. This Agreement may not otherwise be amended except in writing by an authorized officer of mcubes games.

1.6 Language Version. If mcubesgames.com has posted or provided a translation of the English version of any terms of this Agreement including the Transactional Terms and the General Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Transaction Services.

1.7 mcubes games Affiliates. Some of the Transaction Services may be supported by our affiliates.

1.8 Additional Terms. In some cases, you may be required to additionally enter into a separate agreement with mcubes games or our affiliates in connection with the Transaction Services (“Additional Terms”). If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall control regarding the relevant types of Transaction Services or Online Transactions, as appropriate.

1.9 Membership Services. This Agreement does not affect your agreement with us or any of our affiliate concerning your subscription and use of the paid or free membership services of the Websites, unless otherwise stipulated in this Agreement or the relevant service agreement.

2.TRANSACTION SERVICES

2.1 Transaction Services. mcubes games Transaction Services are designed to facilitate registered members of the Websites to place, accept, conclude, manage, and fulfill orders for the provision of products and services online within the Websites (“Online Transactions”). Gameex reserves the right to change, upgrade, modify, limit, or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. mcubes games further reserves the right to introduce new features, functionalities, or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades, and alterations shall be governed by this Agreement, unless otherwise expressly stated by mcubes games.

2.2 Members Only. mcubes games Transaction Services are only available to registered members of the Websites. If your subscription to the paid or free membership of the Websites expires or is early terminated for any reason, you are not eligible to use the Transaction Services. In the event that you have a valid Online Transaction under this Agreement whilst your paid or free membership registration on the Websites is terminated, mcubes games shall have the full discretion and authority to refund to Buyer and/or release to Vendor (both Buyer and Vendor as defined below) all or part of the funds under the Online Transactions as mcubes games consider appropriate. If you are a Vendor, you are required to a valid bank account subject to verification and confirmation by mcubes games and our affiliates.

2.3 Types of Transactions. mcubes games Transaction Services are available to types of Online Transactions permitted by mcubes games only. For any type of Online Transaction, mcubes games may limit the Transaction Services to a specified group of members in the relevant Transactional Terms. The types of Online Transactions and other benefits, features, and functions of the Transaction Services available to a registered member may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features, and functions will be available to all members.

2.4 Lawful Items. The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4. You shall not use the Transaction Services in connection with any Online Transaction that:

a) may infringe mcubes games or any third party’s legitimate rights including but not limited to copyright, trademark rights, patent, or other intellectual property rights.

b) may be in breach of other terms of this Agreement including the Transactional Terms and the General Terms. mcubes games shall have the right to refuse or cancel any Online Transaction in breach of this clause 2.4.

2.5 Refuse or Cancel Transactions. Apart from clause 2.4, mcubesgames.com reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where mcubesgames.com has reason to believe the Online Transaction is unauthorized, violates any law, rule, or regulations, or may otherwise subject mcubesgames.com or any of our affiliates to liability. mcubesgames.com may also require additional verifications or information for any Online Transaction.

2.6 Buyer Protection Schemes. mcubesgames.com may also provide buyer protection schemes for certain Online Transactions. The vendor may be required to pay deposits to secure the Vendor’s due performance of obligations under the relevant buyer protection scheme. The vendor agrees to permit and hereby authorize mcubesgames.com to deduct, withhold, and dispose of any deposits provided in accordance with the terms under the relevant buyer protection scheme. In case of Buyer, you acknowledge and agree that the protection afforded to you under a buyer protection scheme applies to those Online Transactions falling within the scope of the relevant scheme only.

2.7 Transactional Terms. For any type of Online Transaction, gameex.in may impose additional restrictions, limitations, and prohibitions as well as penalties for any violations in the relevant Transactional Terms.

2.8 Disputes between Buyers and Vendors. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled per clause 10 and that mcubesgames.com shall have the full right and power to determine such Dispute. Upon receipt of a Dispute, mcubesgames.com shall have the right to request either or both Buyer and Vendor to provide supporting documents. You agree that mcubesgames.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that mcubesgames.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You agree not to hold mcubesgames.com and our affiliates liable for any material which is untrue or misleading.

2.9 Powers of mcubesgames.com You expressly acknowledge and agree that mcubesgames.com shall have the full power, authority, and discretion to reject or cancel an online transaction and to make a determination on any dispute between buyer and vendor including the disposal of the funds under an online transaction in accordance with this agreement and the relevant transactional terms. You also acknowledge that this Agreement and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction. You agree and accept that mcubesgames.com shall have the right to modify or supplement the Transaction Terms. You further agree and accept that mcubesgames.com shall have the right to make determinations wherever mcubesgames.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries, and interests of both Buyer and Vendor regardless of whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement.

2.10 mcubesgames.com Records. In case of any dispute in connection with any Online Transaction, the records of mcubesgames.com shall take precedence and be conclusive.

2.11 Payments made via Paysafecard, Krowns, Ukash, and Smart2Pay (iDeal) cannot be reversed and will be refunded only with the Balance.

3. TRANSACTIONS BETWEEN VENDORS AND BUYERS

3.1 Vendor and Buyer. For the purpose of this Agreement, the term “Vendor” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction.

3.2 Online Order. Vendor and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Websites. Vendor and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping, etc. mcubesgames.com may refuse to process or cancel any Online Transaction which in mcubesgames.com reasonable opinion, has insufficient information to constitute a binding contract.

3.3 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Vendor and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms, and this Agreement. Vendor or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms.

3.4 Transaction between Vendor and Buyer Only Each Online Transaction is made by and between a Vendor and a Buyer only. Despite that mcubesgames.com provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, mcubesgames.com shall not be considered as a party to the Online Transaction. mcubesgames.com does not represent the Vendor or Buyer in any Online Transaction. mcubesgames.com will not be responsible for the quality, safety, lawfulness, or availability of the products or services offered under any Online Transaction or the ability of either Vendor or Buyer to complete any Online Transaction. You agree that you will not hold mcubesgames.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs, or expenses arising from any Online Transactions, including any breach, partial performance, or non-performance of the Online Transaction by the other party to the transaction.

3.5 Payment of Contract Price. For any Online Transaction, you agree that the full payment of the contract price of the Online Transaction including payments consider with payment gateways fees, without any deductions must be made in EUR in clear funds by one of the payment methods designated by mcubesgames.com only.

3.6 Payment Methods. Please note that the payment methods available on the Websites are provided by mcubesgames.com partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Vendor agrees that mcubesgames.com has the right to refund the money so requested by the payment service partner without liability to Vendor. mcubesgames.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only.

3.7 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Vendor may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.

3.8 Steam Gifts. mcubesgames.com is not responsible for any issues regarding selling and purchasing STEAM GIFTS from other vendors. There is a risk of being banned by STEAM for selling and/or purchasing STEAM GIFTS. Please remember you are doing it at your own risk!

4. MCUBES GAMES SERVICE FEES

4.1 Service Fees mcubesgames.com does charge service fees for mcubesgames.com transactions and inspection transactions according to the fee schedules announced by mcubesgames.com on the Websites. mcubesgames.com reserves the right to charge any service fees for other types of Online Transactions upon reasonable prior notification published on the Websites. The service fees charged by mcubesgames.com include the fees for partners’ provision. mcubesgames.com does not have any control over and is not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a Vendor you are dealing with will complete the transaction.

4.2 Third Party Fees Not Included. The service fees charged by mcubesgames.com do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third-party vendors.

4.3 Taxes, Financial Charges Not Included All fees charged by mcubesgames.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies, or charges for the use of the Transaction Services in addition to our service fees. In the event mcubesgames.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to v. mcubesgames.com and Alipay shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges.

4.4 The minimum payout amount for a vendor is 25 Euro and the maximum per payout amount is 5000 Euro. 

4.5 mcubesgames.com has the right to change the payment method of the requested payout without prior notice.

5. VENDORS’S RESPONSIBILITIES

5.1 Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and mcubesgames.com provision of the Transaction Services. If your failure to do so results in a delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, mcubesgames.com shall not be liable for any loss or damages arising from such default.

5.2 Representations and Warranties. You represent and warrant that:

a) you will use the Transaction Services in good faith and compliance with all applicable laws and regulations;

b) all information and material you provide in connection with the use of the Transaction Services is true, lawful, and accurate, and is not false, misleading, or deceptive;

c) you will not use the Transaction Services to defraud mcubesgames.com, our affiliates, or other members or users of the Websites or engage in other unlawful activities (including without limitation dealing in products prohibited by law); and

d) in case you are a Vendor of products, you have the legitimate right and authorization to sell, distribute, or export the products using the Transaction Services and such products do not infringe any third party’s rights; and

e) in case you are a Vendor of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and

f) in case you are a Vendor of services, you will provide the services ordered with reasonable care and skills.

5.3 Breaches. If you are, in mcubesgames.com opinion, not acting in good faith, abusing the Transaction Services, or otherwise in breach of this Agreement, mcubesgames.com shall have the right to cancel the relevant Online Transaction(s). mcubesgames.com also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Websites. mcubesgames.com also reserves to right to authorize Alipay to temporarily suspend the transaction functionalities of your Alipay account for a prescribed period determined by mcubesgames.com, or permanently terminate the use of your Alipay account. mcubesgames.com may also publish the findings, penalties, and other records regarding the breaches on the Websites.

5.4 Obligations to Pay Taxes. You shall be solely responsible for payment of any taxes, duties, or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Online Transactions.

5.5 Feedback System. You shall not take any action that may undermine the integrity of mcubesgames.com feedback system, such as providing positive feedback on oneself on the Websites using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Websites.

5.6 Indemnification by Member. You agree to indemnify mcubesgames.com and our affiliates, employees, directors, officers, agents, and representatives and to hold them harmless, from any losses, damages, actions, claims, and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Transaction Services or your breach of this Agreement. mcubesgames.com reserves the right, at our discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with mcubesgames.com in asserting any available defenses.

6. CONFIDENTIALITY

6.1 Confidential Obligations You shall keep confidential all confidential information provided by other members of the Websites or mcubesgames.com in connection with any Online Transaction or the Transaction Services.

6.2 Confidential Information. All information and material provided by another member of the Websites or mcubesgames.com will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently become public other than due to your breach of the confidential obligations.

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 No Warranty. You expressly agree that your use of the Transaction Services is at your sole risk. To the full extent permitted by law the transaction services are provided “as is”, “as available” and “with all faults”, and mcubesgames.com makes no representation or warranty that the transaction services will be uninterrupted, timely, or error-free. mcubesgames.com makes no representation or warranty concerning the accuracy, truthfulness, and completeness of the information provided by any member of the website. You will be solely responsible for all consequences resulting from your judgment and decision to use or otherwise rely on such information. mcubesgames.com and our affiliates further expressly disclaim any warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose or non-infringement even if advised of the possibility of such damages or if such possibility was reasonably foreseeable. All such warranties, representations, conditions, undertakings, and terms are hereby excluded.

7.2 Exclusion and Limitation of Liabilities. To the full extent permitted by law, mcubesgames.com shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities or loss of data, whether in contract, negligence, tort, equity or otherwise, arising from the use of or inability to use the transaction services. The aggregate liability of mcubesgames.com and our affiliates and agents including Alipay arising from the transaction services in connection with any online transaction shall not exceed the higher of the service fees charged by mcubesgames.com or us $1,000.

7.3 Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights under your local law in your state, province, or country that vary from state to state. Nothing in this agreement is intended to affect those rights if they apply to you.

8. FORCE MAJEURE

8.1 Force Majeure. Under no circumstances shall mcubesgames.com and our affiliates and agents be held liable for any delay failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals.

9. NOTICES

9.1 Notices. Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Websites. Notice shall be deemed given 24 hours after the email is sent unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing. Except as explicitly stated otherwise, legal notices shall be served on mcubesgames.com by sending the notices to Midhunam, Mannancherry P.O, North of Aiyankali, Alappuzha – 688538, Kerala, India.

10. GOVERNING LAW; JURISDICTION

10.1 Governing Law. This Agreement shall be governed by the laws of the India Administrative Region(“India”) without regard to conflict of law principles.

10.2 Amicable Negotiations. If any dispute or claim arises from or in connection with this Agreement, an Online Transaction, or your use of the Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations.

10.3 Dispute between Buyer and Vendor. In case a Dispute arises between Buyer and Vendor from or in connection with an Online Transaction, if the Dispute is not resolved through amicable negotiation within the prescribed period according to the relevant Transactional Terms, you agree to submit the Dispute to mcubesgames.com for determination. If you are dissatisfied with mcubesgames.com determination, you must apply to the India Arbitration Centre (“HKIAC”) for arbitration and notify mcubesgames.com of such application within 20 calendar days after mcubesgames.com determination. If each of the Buyer and Vendor in the Dispute does not apply for arbitration within the above 20 calendar days, each of the Buyer and the Vendor shall be deemed to have agreed that mcubesgames.com determination shall be final and binding on you. With a final determination, in the case the Online Transaction adopts the Escrow Services, mcubesgames.com may instruct Alipay to dispose of the funds in escrow by Alipay according to such determination. Further, each Buyer and Vendor shall be deemed to have waived any claim against mcubesgames.com, Alipay, and our affiliates and agents.

10.4 Other Disputes. In case a Dispute arises between you and mcubesgames.com in any other circumstances, if the Dispute is not resolved between you and mcubesgames.com, you and mcubesgames.com agree that the Dispute shall be finally resolved by arbitration with the HKIAC.

10.5 HKIAC Arbitration. If any Dispute is submitted to the HKIAC for arbitration, the arbitration shall be conducted in accordance with the rules of the HKIAC in force at the time of applying for arbitration as amended by this clause. The arbitration panel shall consist of one single arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in English and in Hong Kong. The arbitration shall be conducted by telephone, online and/or solely based on written submissions as specified by the party initiating the arbitration, provided that the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. The arbitration award rendered by the HKIAC shall be final and binding on all the relevant parties. The arbitration expenses shall be borne by the losing party unless otherwise determined in the award.

10.6 Indemnification. If you initiate any legal proceedings against mcubesgames.com or our affiliates in breach of this clause 10, including any legal proceedings disputing mcubesgames.com’s determination which has become binding on you according to this clause 10, you shall hold mcubesgames.com and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us.

10.7 Limitation Period. In any event, you may not make any claim against mcubesgames.com or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim.

10.8 Injunctive Relief. Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction before or during the arbitration.

11. GENERAL PROVISIONS

11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and mcubesgames.com concerning and governs the use of the Transaction Services, superseding any prior written or oral agreements about the same subject matter herein.

11.2 Severance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

11.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

11.4 Independent Contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11.5 No Waiver. Any failure by mcubesgames.com and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver concerning subsequent or similar breach. A waiver shall be effective only if made in writing.

11.6 Assignment. mcubesgames.com shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, obligations, and duties in this Agreement) to any of our affiliates and to any successor in interest. mcubesgames.com may delegate certain of mcubesgames.com rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity.