Safekeys logoSecure digital key delivery platform

1. GENERAL TERMS FOR USERS USING SIMULTANEOUSLY G2A.COM SITE

1.1 These terms of service ("Terms") govern your use of the Services (defined below) located at safekeys.io (the "Site"). The Site is provided by BDSF Technology B.V. residing at James Wattstraat 77/A3, 1097 DL Amsterdam, Netherlands, registered under the CCI number: 70475830, e-mailoffice@bsdr.nl("BDSF", "we", "us" and "our").

1.2 We provide you with services in scope of storage digital content (e.g. digital game key, voucher, top-up card, subscription) uploaded by you on our system and thereafter transmit such digital content to a third party which purchased it from you (the "Services"). You cannot provide us with illegal content, including the one which:

1.2.1. causes work disturbance or overloading of IT systems,

1.2.2. breaches to the applicable law,

1.2.3. violates third party rights, including copyright, intellectual property rights or personal rights.

1.3 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and Services and is compatible with them. It is also your responsibility to ensure that anyone who accesses the Site or Services on your behalf comply with them.

1.4 Minimum technical requirements necessary to use the Site are as follows:

1.4.1. access to e-mail;

1.4.2. computer, laptop, or other device with Internet access with a minimum screen resolution 1366px x 768px and web browser with support enabled Cookies and JavaScript, one from:

(a) Mozilla Firefox 65 or newer,

(b) Microsoft Edge 44 or newer,

(c) Opera 58 or newer orSafari 12 or newer,

(d) Google Chrome 72 or newer.

1.4.3. Mobile device with Internet access:

(a) with Android version 4.4 or newer,

(b) with iOS version 11 or newer.

 

2. ACCESS TO THE SITE AND SERVICES

2.1 You must be at least 18 years old to agree upon the Terms and conclude the agreement with us (or has reached another age which in light of his or her domestic law entitles you to conclude legally binding agreements) and has full capacity to take legal actions and agrees to these Terms. Should you act for and on behalf of a third party you hereby asserts us that you are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such third party, and the acceptance of these Terms by you is of the same effect as if they were accepted by such third party.

2.2 In order to use the Services, you must agree on these Terms. Thereafter, you must register yourself in our ICT system by completing the account registration form. Registration can take place:

2.2.1. manually, on the Site by completing by you the appropriate form there, or

2.2.2. automatically, i.e. your registration can be made by obtaining your data to fill in the appropriate form from the companies that run the G2A Marketplace platform available at g2a.com. In that case selected data concerned you is to be provided to us by the companies running the G2A Marketplace platform. You authorize us to ask these companies to provide us with your selected data to create an account on the Site and to use them as part of providing Services to you.

2.3 We may disable access to the Site at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site or Services, if you have failed to comply with any of the provisions of these Terms.

2.4 Access to the Site and Services is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the Site or Services without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site or Services, or any features, parts or content of the Site or Services at any time for any period, unless the domestic consumer law states otherwise. We will make commercially reasonable efforts to ensure that the Services is available and able to successfully process requests during at minimum 95.9% of each calendar year.

2.5 All rights to the Site, including proprietary copyrights, intellectual property rights to its name, internet domain, website, as well as the mechanisms used, belong to us, and it may be used only in a manner specified and consistent with these Terms.

 

3. SERVICES

3.1 As we mentioned in section 1.1 above, we provide you with the Services, i.e. the services in scope of storage digital content (e.g. digital game key, voucher, top-up card, subscription) uploaded by you to our ICT system and thereafter dispatch such digital content to a third party which purchased it from you.

3.2 Your store

3.2.1. This entire 3.2 section shall be applied solely to dispatching a digital content by us to third party which purchased it on your store in a way other than through the G2A Marketplace platform.

3.2.2. In order to execute the Services by us, you are obligated to provide us with a respective digital content which shall be dispatched and third party"s data to which it shall be dispatched. Each time when you provide us with such data we assume that the digital content shall be dispatched to that third party, unless you explicitly indicate otherwise via e-mail before dispatching. We rely on the information received from you and do not verify the validity and effectiveness of the sale transaction processed on your store. The dispatching of the digital content is to be made in such a way that a third party can display it on our ICT system.

3.3 G2A Marketplace

3.3.1. This entire 3.3 section shall be applied solely to dispatching a digital content by us to third party which purchased it on through the G2A Marketplace platform.

3.3.2. We inform you that our ICT system is integrated with the G2A Marketplace platform. Therefore, if your sales of digital content is to be processed on the G2A Marketplace you are entitled to choose one of three dispatching authorization preferences in your G2A ID account. We will provide digital content to third parties in accordance with the authorization preferences you selected. We rely on the information received and do not verify the validity and effectiveness of the sale transaction processed on the G2A Marketplace.

3.4 Each time when we receive instruction to dispatch a give digital content to respective third party you represent and warrant that you have obtained the legally required consents from that third party for transfer his/her data to us in order to dispatch the digital content.

3.5 For the avoidance of doubt, we are your subcontractor to the extent of storage and dispatch digital content to a third party which purchased it from you on your store or via the G2A Marketplace. We are NOT a subcontractor of the companies which run the G2A Marketplace platform, i.e. G2A.COM LIMITED with its registered office in Hong Kong, 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong or G2A LLC with its registered office at 8275 South Eastern Avenue 200 Las Vegas, NV 89123, USA.

 

4. FEE

4.1 If the Services are provided under the model set forth in section 3.3, then we provide them to you free of charge. Otherwise, if our Services are provided under the model set forth in section 3.2, we will be entitled to charge you a fee in the amount indicated on the Site.

 

5. CHANGES TO THESE TERMS

5.1 We reserves the right to make any changes and modifications to these Terms, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular (i) a change in the scope of economic activity carried out by us, (ii) the need to adjust the provisions of these Terms to the applicable law, including case law of common courts or new resolutions, decisions, recommendations or other acts issued by the authorities authorized to issue binding regulations, (iii) in order to ensure proper functioning of the Site and Services, (iv) introducing new products or services offered by us, (v) modifying the functionality of products, services or service delivery methods due to technological considerations, (vi) and to ensure the safety and security of third parties or us, or (vii) in order to preventing abuse or crime.

5.2 In this case, we shall inform you of the changes, by sending them a copy of the amendments on the durable medium (for example via e-mail) and a revised version of the Terms, no later than fifteen (15) days prior entry into force to the planned amendments.

5.3 If you do not accept the providing amendments to these Terms, you shall have the right to terminate the Terms before the expiry of the notice period. Such termination shall take effect within fifteen (15) days from the receipt of the notice.

5.4 Without prejudice to the above, we may amend these Terms without the fifteen (15) days period referred to above, with immediate effect, if: (i) is subject to a legal or regulatory obligation under which it is required to amend the Terms in a manner which does not allow to respect the aforementioned fifteen (15) days" notice period, (ii) has exceptionally to change these Terms to address an unforeseen and imminent danger related to defending the online intermediation services, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.

 

6. ACCEPTABLE USE OF THE SITE AND SERVICES

6.1 Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not and agree that you will not:

6.1.1. violate any law or regulation;

6.1.2. violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;

6.1.3. transmit anything that is illegal, abusive, defamatory, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

6.1.4. send unsolicited or unauthorized advertising or commercial communications, such as spam;

6.1.5. stalk, harass, or harm another individual;

6.1.6. impersonate or misrepresent your affiliation with someone else;

6.1.7. use any means to "scrape," "crawl," or "spider" any web pages contained in the Site (although we may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of such materials, and we reserves the right to revoke these capabilities either generally or in specific cases);

6.1.8. use automated methods to use the Site or Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

6.1.9. interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

6.1.10. use, display, mirror or frame the Site or any individual element within the Site or Services, our name, any our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

6.1.11. access, tamper with, or use non-public areas of the Site or Services, our computer systems, or the technical delivery systems of our providers;

6.1.12. attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;

6.1.13. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;

6.1.14. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, except to the limited extent as may be allowed by the applicable law; or advocate, encourage, or assist any third party in doing any of the foregoing;

6.1.15. circumvent storage limits;

6.1.16. sell or resell any of the our Services unless specifically authorized to do so.

6.1.17. placed any digital content on the Site by you is legally purchased, obtained and originate from legal sources, and does not violate any of the third party rights, especially by way of copyrights possession, and you have all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc. of it;

6.1.18. placed any digital content on the Site (a) does not violate any third party rights, including copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) does not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights.

6.2 You warrant and acknowledge that:

6.2.1. You have the full capacity and right to accept the Terms and assume such obligations;

6.2.2. You will not engage in any activity detrimental to the good name and reputation of us, which may have negative effect on us or third parties operating the Site;

6.2.3. You will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to our interests;

6.2.4. You will not use the present Terms for any money laundering related activities nor for any actions providing to us the risk of being accused of using the Site for money laundering purposes;

 

7. LIABILITY

7.1 Under no circumstances we will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

7.2 We tries to keep the Site and the Services up, error-free, and safe, but we cannot not guarantee that the Site and/or the Services will be safe or secure or that access to or use of the Site and/or the Services will be uninterrupted or free of errors or omissions or that defects will be corrected. We do not warrant that the Site and/or the Services will operate error-free or that the Site and its servers are free of computer viruses or other harmful components. We use reasonable care and skill in providing the Site and the Services, but beyond that, the Site and the Services are provided without any warranties of any kind. We disclaim all other warranties, whether express or implied, including any warranty, condition or other terms of satisfactory quality, merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of the Site or the Services.

7.3 We are not liable for non-performance or improper performance of the Services if it is caused by third parties (in particular telecommunications operators, telecommunications and electricity providers). However, we are liable as for our own actions or omissions for the actions or omissions of persons with the help of whom he provides services provided electronically, as well as persons entrusted with the performance of these Services. We are not responsible for the impossibility or difficulties in using the Site resulting from reasons on your side. We are not liable for damages caused by your actions or omissions, in particular for your use of the Site in a manner inconsistent with applicable law or these Terms.

7.4 Nothing in these Terms shall exclude or limit our liability to you: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) or for any other liability that may not, under the applicable law, be limited or excluded.

7.5 Subject to the above, in no event we will, or any of our respective directors, officers, employees, and agents, be liable to you in connection with the Site or the Services (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages; or (ii) loss of business profits, business interruption or loss of business information. Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.

7.6 Subject to the above our aggregate liability (and whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) will be limited to EUR 5,000.

7.7 If a given provision described in this entire section 7 is not binding on consumers, it does not apply to the legal relationship between us and you if you are a consumer.

 

8. TERMINATION

8.1 The Services are provided for unspecified period of time.

8.2 These Terms may be terminated by us in whole or in any part with at least 30 (thirty) days prior to the termination taking effect.

8.3 The notice period set forth in section 8.2 shall not apply where: (i) is subject to a legal or regulatory obligation which requires to terminate the provision of the whole of its Services in a manner which does not allow it to respect that notice period; (ii) exercises a right of termination under an imperative reason pursuant to national law; (iii) you has infringed these Terms.

8.4 In the event of any of the above-mentioned conditions set forth in section 8.3, we are entitled to terminate these Terms as well as to suspend or restrict your access to the Site and Services.

8.5 You have the right to terminate these Terms within 15 (fifteen) days or earlier if you want with any reasons providing with a termination viaoffice@bsdr.nl.

8.6 You can store your digital content on the Site indefinitely. If you are using the G2A Marketplace, deletion of your account on the G2A Marketplace platform is to be tantamount to deletion of your account on the Site, unless you first contact us to renew your account under the new terms.

 

9. WITHDRAWN FROM THE AGREEMENT

9.1 If you are a consumer, you have the right to withdraw from agreement governed by these Terms concluded with us within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of acceptance of these Terms and made registration. To exercise the right of withdrawal, you must inform us of about your decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from this agreement, we shall reimburse to you all payments received from your, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we was informed about decision to withdraw from the agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. In order to withdraw from the agreement, you may send a statement of withdrawal, for example (i) in writing to our address set forth above, or (iii) via e-mail mail at the following address:office@bsdr.nl. In the statement of withdrawal from the agreement, you should enter (i) name and surname, (iii) email address and (iv) postal address, if available. We shall immediately confirm to you that we receipted the withdrawal from the agreement in feedback message provided on a durable medium, including via e-mail.

 

10. COMPLAINTS PROCEDURE

10.1 If there are problems or irregularities in connection with using the Site or regarding the Services you may submit a complaint by sending it to the following address:office@bsdr.nlor in a written form on Keizersgracht 206, 1016DX Amsterdam, Netherlands. In the complaint, you should include his/her name and surname, e-mail address (or other correspondence address), the subject of the complaint and the reason for the complaint. The complaint will be considered immediately, however not later than within 30 (thirty) days of its receipt. You will be informed about the method and result of the complaint consideration to the correspondence address or to the e-mail address. The costs of using the said means of distance communication by you are borne by you and they are calculated according to the rates of the telecommunications operator whose services you use.

10.2 This section shall be applied solely to consumer from European Economic Area. The users, being a consumer should have the possibility of out of court complaint consideration and redress methods. The use of out-of-court complaint is voluntary. The out-of- court complaints methods includes:

10.2.1. submission a request to the permanent consumer arbitration court to resolve a dispute between the parties.

10.2.2. submission a request to the provincial trade inspectorate office to initiate a mediation procedure to bring to an end by amicable settlement the dispute between the parties. Information on mediation rules and procedures carried out by the provincial trade inspectorate office is available at the premises and on the websites of the local branches of the provincial trade inspectorate office.

10.2.3. free assistance to settle the dispute between the parties by using the services of the district (municipal) consumer ombudsman office and social organizations whose statutory tasks include consumer protection or relevant national bodies.

10.2.4. submission a complaint via the ODR internet platform: http://ec.europa.eu/consumers/odr/

 

11. MISCELLANEOUS

11.1 These Terms are made available to users at safekeys.io before the acceptance of them by you, and also - at you request - in a form that allows the acquisition, reproduction and recording of the content of these Terms using the ICT system used by you, including in particular downloading, copying , downloading and saving to the user's hard drive or printing.

11.2 Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.

11.3 Due to local laws and restrictions that may be present in the user"s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.

11.4 These Terms and Conditions are governed by the laws of Netherlands without reference to their conflicting provisions, unless the domestic law applicable to the user being a consumer provides otherwise.

 

FORM OF WITHDRAWAL FROM AGREEMENT

Sender: [your name and surname, address]

Addressee: BDSF Technology B.V. residing at James Wattstraat 77/A3, 1097 DL Amsterdam, Netherlands

I hereby withdraw from the agreement concluded with BDSF Technology B.V. residing at James Wattstraat 77/A3, 1097 DL Amsterdam, Netherlands ("BDSF") regarding the services provided by BDSF in scope of storage digital content and dispatch such digital content to a third party.

Please refund the fee you paid along with the costs incurred by me/us to this bank account number [__]

Your User signature (only if this form is send via register mail):

Place and date: [__]