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Terms of Service

PUBLIC OFFER

(AGREEMENT)

for the provision of services on the plyxa.com website

1.GENERAL PROVISIONS


1.1.This public offer (the “Offer”) for the provision of Agency Services (hereinafter - the “Services” or the “Administrators Services”) is a public offer provided by Molenin LLP (hereinafter – the “Administrator”) which determines the terms and conditions of using the website https://get.plyxa.com and the provision of the Administrator`s Services to the Customer (hereinafter - the “User”) (hereinafter – the “Agreement”). The Administrator reserves the right to amend, add or delete clauses of this Agreement at any time without notifying the User. Use of the Site by the User means full, unequivocal acceptance of the terms of the Agreement and any future amendments made to this Agreement. The User is personally responsible for checking this Agreement for amendments to it.
1.2.All names of products and games, companies, brands, trademarks, logos and other materials may be the property of their respective owners.
1.3.This Offer is addressed to legally capable persons (legal persons and individuals) that are deemed legally capable in the jurisdiction of the provision of Services and that are the Users of the website https://get.plyxa.com The Offer is an official public offer made by Molenin LLP with the purpose of entering into the Agreement.
1.4.By accessing or using the Service you agree to be bound by this Agreement. If you disagree with any part of the terms then you may not access the Service.
1.5.The current version of the Offer is available on the Administrator`s Website at: https://get.plyxa.com/terms so that the User can read it carefully and with due diligence before accepting the terms and conditions of the Offer. The Privacy Policy is available on the Administrator’s Website and shall constitute integral documents of this Agreement.
1.6.This Agreement shall be deemed concluded and effective from the date when the User performs the actions set forth in Clause 3.2 of the Agreement, which means complete and unconditional acceptance by the User of all terms and conditions hereof without any exceptions and / or restrictions.
The Administrator and the User shall be collectively referred to as the "Parties", and individually - the "Party". Either Party represents and warrants that it has required legal capacity and all rights and powers necessary and sufficient to enter into and perform the Agreement in accordance with the terms and conditions hereof.

2.DEFINITIONS


2.1.In this Agreement, the terms below have the following meanings:
2.2.Access Code shall mean licensed alphanumeric software product keys or other codes for activating Products, information about which is contained on the Site.
2.3.Content of the Site shall mean the protected results of intellectual activity, including the texts of literary works, their titles, forewords, annotations, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, selection, coordination, appearance, general style and location of this Content included in the Site and other objects of intellectual property collectively and / or separately, contained on the site
2.4.Privacy Policy shall constitute a policy that regulates the processing and storage of personal and/or any other data of the User and the Administrator throughout the performance of this Agreement.
2.5.Administrator shall mean MOLINEN LLP a company registered in England and Wales with registration number OC43234 , which provides the Service to the Users and performs other actions related to the use of the Service.
2.6.User shall mean an individual having his/her own user account and affecting access to the Website.
2.7.Administrator’s website (Website or Site) shall mean the Administrator’s information resource in the information and telecommunication global network (hereinafter –  the Internet) located at: https://get.plyxa.com, through which the User can use the Administrator’s Service.
2.8.Agency Services (Services, Administrator’s Services) shall mean the Administrator’s following actions:
-Search and provision of access to Products via Merchants in the order and manner specified in Clause 4 of this Agreement on behalf of the User;
-search of Products and the purchasing of Products on behalf of third parties for the purpose of providing third parties, specified by the User and on behalf of the User, with access to the Product (Gift to a third party);
-Search on behalf of the User and provision of access to the User to Access Codes;
-access to Content with the right to view;
-access to navigation tools of the Site;
-providing the User with the possibility of posting messages, comments, viewing reviews of the Users on the Website;
-rating the content of the Site;
-access to information about the Services and/or information about the purchase of the Product on a paid/ free basis;
-access to other services of the Site.
The parties agree that access to the Product by the User shall mean the provision of a limited right to use the Product and cannot be regarded as the sale of the Product or the transfer of exclusive right to the Product (or any type of assignment). The Administrator shall not be deemed as a videogame merchant and shall only provide the User with information on certain Products and limited access via specified third party services or Merchants.
2.9.Merchant shall mean a third party entrepreneur or legal entity that is legally capable to provide access to the Product, video games, in-game content and access codes.
2.10.Steam shall mean the service of Valve Corporation, a Washington Corporation with registered offices at 10400 NE 4th St., Suite 1400, Bellevue, WA 98004, registered with the Washington Secretary of State, reg. no 60 22 90 773, VAT ID No. EU 8260 00671.
2.11.Steam Account shall mean the Users Steam Account.
2.12.Steam Gift shall mean the service (widget) in Steam that allows Steam users to send Steam Gifts (Steam purchased videogames and content) to each other in accordance with the terms of service of Steam. The Steam Gift service of Steam shall be used by the Administrator in order to provide Services (specifically, the access to the Products) to the User.
2.13.Product shall mean video game hardware systems, which are games that both produce a dynamic video image, either on a viewing screen that is part of the video game or, through connecting cables, on a television set, and have some way to control the movement of at least some portion of the video image. Only video game hardware systems that are available both via Merchants and the Administrator’s Site to the general public are considered Products in terms of this Agreement.
2.14.Services Delivery Certificate shall mean a document generated by the Administrator and sent to the User’s email after every provision of Services to the User.
2.15.Period of Service Provision (Periods) shall mean a time period throughout which Services are provided by the Administrator to the User.

3.SCOPE


3.1.This Agreement shall establish the conditions and procedure for the provision of Administrator Services to the User.
3.2.Acceptance of the terms and conditions of this Agreement at the time of registration shall mean the User’s full and unconditional consent to the terms and conditions hereof.
3.3.The User shall pay for the Administrator Services in accordance with Clause 6 of this Agreement available at the Administrator’ Website. 
3.4.The User agrees that the Administrator provides some of it’s Services to the User through (via) the Merchants such as: the provision of access to the Product, the provision of Access Codes. Further details of the Services that the Administrator provides shall be stipulated in this Agreement and on the Administrator’s Website. The Administrator shall not be a party to the sale and purchase contract. It is important that the User understands that the contract for the purchase of the Products is between the User and the relevant Merchant. The Administrator shall only act as agent on behalf of the User. The User is not purchasing the products from the Administrator.

4.REGISTRATION AND PROVISION OF SERVICES


4.1.Registration on the Website.
4.1.1.To gain access to the Service, the User shall accept the terms and conditions of this Agreement when entering the Website. The User’s consent to the terms and conditions of this Agreement at the time of entering his/her data on the Website shall mean the acceptance hereof by the User.
4.1.2.The User shall complete the User Form on the Website by entering the relevant registration information. When entering the data on the Website, the User shall enter his/her full name, date of birth, place of residence, phone number, email address and password.
4.1.3.The User shall provide true, complete and reliable information. The User shall provide his/her personal data in accordance with Clause 7 hereof and Privacy Policy hereto.
4.1.4.The User agrees that he/she is solely responsible for maintaining the confidentiality of authorization data used by him/her to access the Website. In addition, the User agrees that he/she is solely responsible to the Administrator for all actions performed when entering his/her personal data.
4.1.5.If the User becomes aware of any unauthorized use of his/her Authorization Data, he/she shall immediately notify the Administrator thereof by contacting the support service by e-mail: [email protected]
4.2.The provision of services.
4.2.1.The User may choose the Products that are available on the Administrators Site. The User understands and agrees that the Administrator shall provide only the Access Codes to such Products. After choosing the Product on the Administrators Site that the User wishes to use the User shall add such Product to the Cart.
4.2.2.In order to receive the Services of the Administrator the User shall pay for the Services in accordance with the payment methods stipulated on the Administrator’s Site. The User agrees that the Services are provided on the basis of 100% pre-payment.
4.2.3.The price of the Services shall be stipulated on the web-page of each separate Product. The currency of the price of each Product shall depend on the country of residence of the User.
4.2.4.The Administrator shall provide services to the User on a round-the-clock basis. The Administrator’s actions for the performance of this Agreement that are not performed automatically shall be carried out on weekdays.
4.2.5.After choosing the Product on the Administrator’s Site the User shall click on the relevant Product. In order to use the Administrator’s Services the User shall choose the “Buy/Purchase” section of the Site.
4.2.6.After completing the actions set forth in the 4.2.5. the User shall enter his/her email or relevant account in Steam or any other service, depending on what Product the User has chosen. Such User shall receive a link or a an email to the Product depending on the method of receiving the access the User has chosen. In order to receive the Administrators Services the User shall press/choose the “activate” button on the relevant web-page.
4.2.7.The Administrator may send a friend request to the User’s Steam Account. After the acceptance of the friend request by the User such User shall have the right to accept the Product or to reject the receipt of the Product. Such method of gaining access shall be solely chosen by the User. Not all Products are available to the User via Steam.
4.2.7.1.IN CASE SUCH USER ADDS THE PRODUCT TO HIS/HER STEAM LIBRARY THE USER CANNOT REFUND THE ADMINISTRATOR”S SERVICES. THE USER ACKNOWLEDGES THAT FROM THE MOMENT THE USER ADDS THE PRODUCT TO HIS/HER LIBRARY SUCH USER SHALL NOT HAVE THR RIGHT OF WITHDRAWAL. THE ADMINISTRATOR’S SERVICES ARE CONCIDERED TO BE PERFORMED IN FULL AFTER THE USER ADDS THE PRODUCT TO HIS/HER STEAM LIBRARY. THE SERVICES PROVIDED TO THE USER ARE UNIQUE AND INDIVIDUAL, THERE IS NO POSSIBILITY OF RESELLING THE PRODUCT TO OTHER USERS. THESE RULES ARE APPLICABLE WHEN PROVIDING SERVICES TO THIRD PARTIES BY THE REQUEST OF THE USER.
4.2.7.2.In case the User rejects the receipt of the Product the User shall have the right to receive a refund. Such refund shall be performed by the Administrator only upon the receipt of the funds.
4.2.8.The User shall have access to the Product after the accessing the relevant links that were sent to the User via email or any other Services depending on method of receiving the Product and the Product chosen by the User.
4.2.9.After the provision of Services the Administrator shall send the Service Delivery Certificate that shall specify the provided services.
4.2.10.The Services may be provided to a third party by the request of the User.
4.2.11.After completing the actions set forth in the 4.2.5. the User shall enter the account of the third party Steam Account or send the relative email of the third party. In order to receive the Administrators Services the User shall press/choose the “activate” button on the relevant web-page.
4.2.12.The Administrator may send a friend request to the Steam Account that the User specified in order to perform Clause 4.2.10. depending on the method of receiving the Product that the User has chosen. After the acceptance of the friend request or accessing the relevant link by email by the third party such third party shall have the right to accept the Product or to reject the receipt of the Product.
4.2.12.1.In case the third party shall reject the Product the User shall have the right to receive a refund. Such refund shall be performed by the Administrator only upon the receipt of the funds.
4.2.12.2.IN CASE SUCH THE THIRD PARTY ADDS THE PRODUCT TO HIS/HER STEAM LIBRARY THE USER CANNOT REFUND THE ADMINISTRATOR”S SERVICES. THE USER ACKNOWLEDGES THAT FROM THE MOMENT THE THIRD PARTY ADDS THE PRODUCT TO HIS/HER LIBRARY THE USER SHALL NOT HAVE THR RIGHT OF WITHDRAWAL. THE ADMINISTRATOR’S SERVICES ARE TO BE CONCIDERED PERFORMED IN FULL AFTER THE THIRD PARTY ADDS THE PRODUCT TO HIS/HER STEAM LIBRARY. THE SERVICES PROVIDED TO THE USER OR THIRD PARTY ARE UNIQUE AND INDIVIDUAL, THERE IS NO POSSIBILITY OF RESELLING THE PRODUCT TO OTHER USERS. THESE RULES

5.RIGHTS AND OBLIGATIONS


5.1.Rights and obligations of the Administrator:
5.1.1.The Administrator shall provide to the User round-the-clock access to the Website.
5.1.2.The Administrator shall notify the Users of any changes in the terms and conditions of this Agreement by publishing the latest version hereof on the Website.
5.1.3.The Administrator may suspend the operation of the Website and / or the Service, as well as hardware and software that ensure interaction between the Parties under this Agreement, in the event of any significant malfunctions, errors or failures, and for the purpose of preventive maintenance and prevention of unauthorized access.
5.2.Rights and obligations of the User:
5.2.1.The User agrees to comply with the rules of this Agreement.
5.2.2.The User shall not reproduce, duplicate, copy, sell or resell, or use any services or parts of the Service for any commercial purposes without the Administrator’s written consent
5.2.3.The User shall obtain access to the Website using his/her Authorization Data only from one device at a time.
5.2.4.The User shall independently and in a timely manner familiarize himself(herself) with the Information regarding change in Tariffs and the terms and conditions of this Agreement posted on the Website.
5.2.5.The User shall pay for the Services in accordance with Clause 6, within the time limit and under the terms established by the Administrator. The cost for each type of Product shall be determined, specified and regularly updated by the Administrator at the Administrator’s website at the following link: https://get.plyxa.com The User shall have the right to submit claims to the Administrator and may send requests in the manner and in cases as stipulated by this Agreement.

6.COST OF SERVICES AND PAYMENT PROCEDURES


6.1.The Administrator shall set the value of the Administrator`s Services on the Site. The cost of the Administrator’s Services shall be equal to the Product price set on the Administrator’s Site. Each Product may have an individual price and might depend on a number of factors. The Administrator reserves the right to change the price of any Product unilaterally.
6.2.The Administrator shall provide all services on the basis of 100% prepayment. The User shall make 100% payment in advance, after choosing the Product on the Site.
6.3.The User shall pay for the Administrator`s Services using a the payment methods stipulated at following link: https://get.plyxa.com. After the provision of Services the Administrator shall provide a Services Delivery Certificate that shall be generated or signed at the discretion of the Administrator and sent to the User via e-mail that is specified by the User when using one of the payment methods.
6.4.The Services shall be deemed to be properly provided and fully accepted by the User unless the Administrator has received from the User written reasonable objections to the quality of the Services provided within one calendar day upon the expiration of the service provision period by e-mail: [email protected] .If during the specified period there are no written objections, the Services shall be deemed to be of proper quality.
6.5.The Services shall be deemed provided by the Administrator after the User’s acceptance of the Products in Steam Gift.
6.6.By entering into this Agreement the User gives his/her full express consent and acknowledgment that there shall be no withdrawal period after the provision of Services by the Administrator.
6.7.The User agrees that when making a payment, a payment system service (bank, mobile operator, etc.) may charge the User with extra fees or commissions. Such commissions are not included in the final cost (price) of the Administrators Services and are paid by the User.

7.PERSONAL DATA


7.1. By placing personal data and any other data on the Website, the User confirms that he/she has read, understood and agreed with the Privacy Policy of MOLENIN LLP available on the Website, and that he/she has provided to the Administrator his/her consent to personal data processing in order to perform this Agreement.
7.2. The purpose of processing the User’s personal data shall be provision of services to the User, enabling the User to use the Service, participate in advertising campaigns, target advertising and perform other actions described in the Agreement.
7.3. The User’s personal data shall be processed from the moment the User registers on the Website until the Consent to personal data processing is withdrawn.
7.4. The User agrees that the Administrator shall send information on advertising campaigns conducted by the Administrator and / or its partners, and any other information not prohibited for distribution, to the email address specified by the User.

8.LIABILITY


8.1.The Parties shall be liable hereunder for failure to fulfill or improper fulfillment of the provisions hereof.
8.2.The User agrees that the Services provided by the Administrator may be protected intellectual property.
8.3.The Administrator shall not be liable for any direct or indirect losses of the User caused by failure to use the Website or some Services of the Website as a result of the User’s bad internet connection, technical difficulties or any other reason whatsoever unrelated to the ability of the Administrator to perform duties under such agreement. The Administrator shall not be liable for any loss suffered by the User in connection with the use of Administrator’s Services provided under the present Agreement unless such loss arises from bad faith, willful default or fraud on the part of the Administrator.
8.4.The Administrator shall not be liable for inconsistency of the Service with the User’s expectations and / or his/her perception; such inconsistency with expectations and / or negative perceptions shall not constitute grounds for considering the Services to be of poor or insufficient quality.
8.5.The provisions of this Agreement shall not exclude or limit the Administrator’s liability for damage to various extents.
8.6.The Administrator shall not be liable for the non-provision of Services in case such non-performance resulted from the non-performance by Steam.
8.7.The User agrees that the provision of Services by the Administrator is connected to Steam and the non-performance of obligations by the Administrator
8.8.IN NO EVENT WILL THE ADMINISTRATOR, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, DIRECTORS AND OFFICERS, AS WELL AS LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE OUR SERVICES; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ADMINISTRATOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.FORCE MAJEURE CIRCUMSTANCES


9.1.The Administrator shall not be held liable for any delays in the performance or for nonperformance of their obligations under the present Agreement if the delay or non-performance was due to circumstances or reasons beyond the control of the Administrator, such as a war (including civil war), riots, sabotage, embargo, fires, floods or other acts of God, explosions, actions or omissions of government authorities, strikes and COVID-19. All and any of these circumstances shall be regarded as force majeure circumstances. Within 24 (twenty-four) hours upon receipt of information about commencement of any force majeure circumstances which delay or interfere otherwise with the performance of the Regulations, the Parties shall notify each other in writing.
9.2. The Parties shall not be held liable for any damages, losses, claims or other expenses that may be incurred as a result of force majeure circumstances.
9.3. If force majeure circumstances interrupt or make impossible the performance of obligations of the Parties for a period longer than 30 business days, either Party may terminate this Agreement serving a prior by sending written notice of termination on the other Party.
9.4. In the event that the Administrator determines in its reasonable opinion that a Force Majeure Event exists, the Administrator shall be entitled without notice and at any time take one or more of the following steps:
(a) suspend or modify application of any or all of these Provisions of the present Agreement to the extent that the Force Majeure Event makes it impossible or impractical for the Administrator to comply with these clauses; or
(b) take any other actions as the Administrator may consider to be reasonable under the circumstances in relation to the position of the Administrator, the User and the Administrator’s other Users.

10.DISPUTE RESOLUTION


10.1. All disputes and disagreements that arise or may arise out of this Agreement at the User’s initiative shall be settled on an out-of-court basis.
10.2. In case of a dispute and/or disagreement that may arise out of this Agreement the Parties within 10 (ten) working days shall send each other written complaints at the following addresses:
If the written complaint is addressed to the Administrator - the legal address of the Administrator
If the written complaint is addressed to the User - the email stipulated by the User in his/her Personal Data and/or User Form.
10.3. If the parties have not been able to resolve the dispute within ten working days of receipt of the written complaint, the parties shall refer the dispute to the relevant judicial authority.

11.GOVERNING LAW


11.1. This Agreement will be construed in accordance with and governed by the laws of UK
11.2. For all matters not covered in this Agreement, Parties shall be governed by the laws of UK

12.MISCELLANEOUS


12.1.Electronic Communications. The Administrator shall send information relating to the User’s account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form, for example via emails to your email address provided by the User.
12.2.Survival. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


13.CONTACTS


Customer Service Department can be contacted from:.
A.of an email to: [email protected];
B.Sending of a letter to: Second Floor 6 Market Place, London, W1W 8AF, United Kingdom.