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General business terms


Conditions of Use

§ 1 General
§ 2 Subject matter of the contract and conclusion of the contract
§ 3 Order, conclusion of the contract
§ 4 Delivery
§ 5 Prices and payment
§ 6 Communication with the customer
§ 7 Right of rescission, right to return
§ 8 Necessity of a game account, terms of use of the online games
§ 9 Liability
§ 10 Copyrights and related rights
§ 11 Data privacy
§ 12 Links on the web pages of MMOGA Ltd.
§ 13 Jurisdiction
§ 14 Legal force of the general terms and conditions




Preliminary remark

Between the customer and the respective performance supplier, MMOGA Ltd. solely acts as a mediator. The contract of the “available making” of the game assistance is contracted by the customer directly with the performance supplier. For the legal relationship between the customer and the performance supplier the legal terms and conditions of the ordered performance supplier, which can be provided on demand, are effective.



§ 1 General

1.1. For these offers the following legal terms and conditions are effective. These legal terms and conditions can be requested at MMOGA Ltd. via email or written on demand. They are effective for every order at MMOGA Ltd.

1.2. Legal terms and conditions to the contrary of the orderer are not approved by MMOGA Ltd. This is valid as well, if MMOGA Ltd. has not contradicted them in particular cases.

1.3. By establishing of the business connection with MMOGA Ltd. the orderer approves in each case the latest version of the legal terms and conditions for all legal relationships between him and MMOGA Ltd.

1.4. A commercial use of the performances of MMOGA Ltd. and/ or its websites is illegal.



§ 2 Subject matter of the contract and conclusion of the contract

2.1. Between the customer and MMOGA Ltd. a complimentary service agreement is contracted based on which MMOGA Ltd. bounds itself, to mediate the customer the contractual partner (the following service provider) who is able provide the wanted game assistance (item, gold, character, accounts, account key, game time etc.) as fast as possible at the stipulated price. MMOGA Ltd. mediates every relevant terms and conditions with the service provider. This includes goods, kind, price, offer and acceptance of the contract, provision of the services respectively the goods. MMOGA Ltd. only works with reliable and trustworthy performance suppliers. 

2.2. Between the customer and the respective performance supplier, MMOGA Ltd. solely acts as a mediator. The contract of the “available making” of the game assistance is contracted by the customer directly with the performance supplier. For the legal relationship between the customer and the performance supplier the legal terms and conditions of the ordered performance supplier, which can be provided on demand, are effective.

2.3. The customer is liable for the payment of the respective reward to MMOGA Ltd. It takes over the for the customer toll-free forwarding of the, the performance supplier owing, reward.

2.4. The customer has to ensure, that on his side, the technical and the realities for the receiving of the game assistances are fulfilled. It is also the case of the customers to keep appropriate software ready, which enables an adequate opening, editing and using of the game assistances. Are these requirements not met is this without influence on the establishing of the contract between the customer and MMOGA Ltd.



§ 3 Order, conclusion of the contract

3.1. The offers of MMOGA Ltd. are not legally bound offers, but a noncommittal request to submit such a bound offer to enter into a mediation contract.

3.2. The customer gives, by submitting his order, a committal bid on entering a mediation contract, which becomes valid, if MMOGA Ltd. accepts it.

3.3. Due to the order of the customer and the concerning acceptation by MMOGA Ltd., as the case maybe by the particular performance supplier, there can be accomplished two contracts:

- a mediation contract with MMOGA Ltd.

- the mediated contract with the performance supplier

The contract of the mediation of performances is accomplished by the following, the bid of the customer happens as described at 3.1 and 3.2. The mediated contract with the performance supplier is accomplished by sending or fulfilling of the service. The mediation contract with MMOGA Ltd. is accomplished either by individual verification (e.g. email) or at the latest by sending or fulfilling of the service.

3.4. The performance supplier is informed by MMOGA Ltd. about the customers bid.
He takes the wanted service in corresponding amounts irreparable out of the system.
By this booking the contract between the performance supplier and the customer is accomplished. The performance supplier manifests his acceptance to the customer by sending the ordered game assistance.



§ 4 Delivery

4.1. The devolvement of the objects of agreement is done by the performance supplier depending on the related game, for which the particular assistance is needed for.

4.2. For details see the general terms and conditions of the performance supplier.

4.3. From the time of delivering of the ordered goods the customer gains the responsibility.
For loss or damage from this point in time MMOGA Ltd. is no longer liable.



§ 5 Prices and payment

5.1. All indicated prices are final prices. Eventual costs for eventual package and forwarding are not included.

5.2. Due to the permanent updating of the internet page of MMOGA Ltd. previously made indications, concerning the prices, lose their validation. The shown price at the time of placing the bid from the customer is decisive for the bill of cost.

5.3. The payment can be done by credit card (Paypal, Visa or Mastercard), Moneybookers or per bank transfer.



§ 6 Communication with the customer

6.1. The communication between MMOGA Ltd. and the customer is mainly done by e-mail or live support chat.

6.2. The customer is responsible to be reachable via e-mail or any other with MMOGA Ltd. stipulated communication way. The customer has especially to make sure, that e-mails from MMOGA Ltd. can actually reach him. This also includes safety settings, e.g. spam filter and to check an eventual folder for spam.



§ 7 Right of rescission, right to return

7.1. You can give the received goods, without giving reasons, within 2 weeks, by retransfer of the object of contract, back. This period begins earliest by receiving the goods and the receiving of this instruction. You can explain the return also by the demand of withdrawal in text form, as e.g. letter, fax or e-mail. To keep the period it is enough to forward the goods or the demand of withdrawal in time. The demand of withdrawal has to be sent to the following address:


MMOGA LTD

16/F Kowloon Building
Nathan Road 555, Kowloon
Hong Kong


info@mmoga.de



7.2. MMOGA Ltd. mediates solely the rescission of the contract between the performance supplier and the customer.

7.3. The mediation contract between MMOGA Ltd. and the customer expires with the in time exercise of the right of return against the performance supplier.

7.4. In case of a demand of withdrawal the on both sides received benefits have to be awarded back and should the situation arise the gained advantage as well. If you are not able to return the received goods complete or in a changed form you have to give us insofar compensation.
This does not apply, if the change only happened to check the object of contract. Apart from that you cannot avoid the compensation, while you do not take the object of contract into use like an owner and avoid any change of the object of contract within the revocation period.

7.5. Should the orderer cancel his order after 14 days and MMOGA Ltd. refunds his money, so the orderer has to face a processing fee up to 10€.

7.6. Cancellation right digital goods and virtual goods:
MMOGA Ltd. states, that a cancellation right is among other things not given, when the mediated product has been produced according to customer specifications or custom-built for the customer or is not able to be returned due to its condition.
Digital goods and virtual goods are excluded from the cancellation right, since they are, due to their condition, not able to be returned.
At the moment MMOGA Ltd. solely mediates digital goods and virtual goods in its shop. A return of the mediated supplier contracts and the corresponding refund of the value of the goods can not be granted after the mediation of the virtual or digital good, since the good has to be handled as unsealed and therefore ineligible for return.

End of the cancellation policy



§ 8 Necessity of a game account, terms of use of the online games

MMOGA Ltd. explicitly calls the attention that some provider of online games try to prevent the performances of MMOGA Ltd. and its performance completion. MMOGA Ltd. is not liable, if a provider of online games takes action against the orderer. MMOGA Ltd. is especially not liable for an eventual blocking of an account of the orderer by a provider of the online game due to the use of the offerings of MMOGA Ltd.



§ 9 Liability

9.1. Should the provider of the online game impose sanctions (e.g. blocking of the account or the character) due to the previous transaction against the orderer, MMOGA Ltd. will pay the previously paid money back to the orderer. Additional demands of the orderer do not exist in this case. The demand according clause 1 paragraph 1 requires, that the orderer presents MMOGA Ltd. a written message of the provider of the online game about the sanction. The electronic form is not enough, the written form is needed.

9.2. MMOGA Ltd. does not offer online games and is due to that not liable for damages which result of that the affected online game is not reachable or access able. This especially does apply if the affected online game is not reachable or access able temporarily or permanent for all players or certain player groups. The disclaimer of clause 1 of this paragraph 2 also applies for cases, in which the affected online game is not reachable or access able for individual players.

9.3. MMOGA Ltd. is anxious to accomplish every given order without slowdown or delay.
In occurrence of technical problems or reasons which fall out of its power of control, MMOGA Ltd. will be anxious to accomplish the order as fast as possible.

9.4. MMOGA Ltd. is not liable for eventual damages which are caused by mistakes of the data processing, system- or submission problems or other problems that are not caused by MMOGA Ltd. or its performing agents or other troubles that make it impossible to accomplish the order which are not caused by MMOGA Ltd. or its performing agents.

9.5. There is no warrant for the availability and the functionality of the websites of
MMOGA Ltd.

9.6. The orderer cannot claim anything else beyond the mentioned terms, no claims for compensation, especially no compensation for damages, also not from non-contractual claims or any other rights due to eventual disadvantages that are related to the contract performance, against MMOGA Ltd., regardless on which legal ground those claims are based on. This is especially essential for compensation for damages from fault at the conclusion of the contract, due to other breaches of duty or because of tort claims.

9.7. The above mentioned disclaimer does not apply for the liability for damage to life, body or health. It is furthermore not true, as far as the damage is based on purpose or gross negligence or the damage of a cardinal- or primary contractual obligation.

9.8. The liability to pay damages at a violation of cardinal- or primary contractual obligations is limited to the predictable damage.

9.9. For claims with pure financial losses the liability to the orderer, in cases of slight negligence, is limited to the already paid fee of the particular order to MMOGA Ltd., as far as an above mentioned restriction of liability is not provided.

9.10. Above mentioned restrictions of liability respectively limitations apply also concerning the liability of the employees, associates, representatives and the vicarious agents of MMOGA Ltd.



§ 10 Copyrights and related rights

10.1. The web pages of MMOGA Ltd. are copyright protected.

10.2. The pages must only be used by the purpose MMOGA Ltd. provides. Especially the database must only be called with a web browser trough www.mmoga.com. The in there contained information must not be duplicated. All shown external logos, pictures and graphics are owned by the respective firms and are subject to the copyrights of the respective licenser.
All on the pages of MMOGA Ltd. shown photos, pictures, logos, texts, reports, scripts and the source code, which are proprietary developments or have been rehashed by MMOGA Ltd., must not be copied or used in other ways without its permission.

10.3. Every not in No.2 of this §10 explicitly authorized usage has to be authorized by MMOGA Ltd. formally towards the respective orderer.



§ 11 Data privacy

The transferred information of the orderer is solely used by MMOGA Ltd. to process the order. All information is used in strict confidence. A passing on to a third party (e.g. performance supplier) only takes place as far as it is necessary for the processing of the contract. The order information is processed encrypted and secured. MMOGA Ltd. does not take liability for the data security during the submitting through the internet (e.g. due to technical problems of the provider) or for an access of a third party to data of your internet presence. Access data, which is sent on demand from the orderer to the orderer, has to be handled in strict confidence, because MMOGA Ltd. does not take any responsibility for the utilisation and usage for this data.



§ 12 Links on the web pages of MMOGA Ltd.

Despite careful content control we do not take liability for the content of external links. For the content of the linked pages are solely their operators liable.

This explanation also applies for all on MMOGA Ltd. web pages external links.



§ 13 Jurisdiction

13.1. The jurisdiction is the address of record of MMOGA Ltd.



§ 14 Legal force of the general terms and conditions

14.1. With an order the general terms and conditions of MMOGA Ltd. are accepted. Should one of these regulations, whatever the reason maybe, be invalid, the other regulations stay unaffected.

14.2. Oral agreements require the written affirmation.

Copyright 2005-2012, MMOGA Ltd. All Rights Reserved.
Registered Names and Trademarks are the copyright and property of their respective owners.


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