Terms of Service | Gaming Gears Nepal

These Terms of Service govern your rights and obligations, as users of the portals administered and managed by Gaming Gears Nepal. Currently, there are two (2) portals managed by Gaming Gears Nepal, namely, Gaming Gears Nepal.com. Unless otherwise provided by Gaming Gears Nepal, all new portals introduced and managed by Gaming Gears Nepal shall be governed by these Terms of Service.

By registering an account with Gaming Gears Nepal and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by Gaming Gears Nepal at any time or from time to time at its absolute discretion.

The Services are provided by Gaming Gears Nepal

1. Definitions

In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:

Account: means your account duly registered with Gaming Gears Nepal to facilitate you using the Services available on the Portals (or any of them);

Buyer: means a person who purchases items on the Portals;

Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals;

Items: means the goods and services listed by you for sale on the Portals and “Item” shall mean any one of them;

Gaming Gears Nepal Points: means the points rewarded to you by Gaming Gears Nepal for purchase of goods and services on the Portals, and includes such other description used for these points at any time;

Parties: means collectively, Gaming Gears Nepal and you and “Party” shall mean any one of them;

Portals: means collectively, the web portals presently known as Gaming Gears Nepal.com and such other web portals of Gaming Gears Nepal administered and managed by Gaming Gears Nepal;

Services: means the services provided by Gaming Gears Nepal on the Portals, including, without limitation, reselling and retailing online games and related merchandises, games publishing, online marketplace for sale of Items, subject to the conditions in these Terms of Service;

Purchased Item: means your item listed on the Portals purchased by the Buyer;

GGN Credit: means the electronic credit value available in the Account at any time;

Terms of Service: means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when Gaming Gears Nepal shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Service for products, services or facilities, as determined by Gaming Gears Nepal from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and

Virtual Items: means collectively, virtual in-games items and virtual currency, including, without limitation, virtual coins, token or points acquired in the course of playing games on the Portals.

2. Licence to Use

In consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, Gaming Gears Nepal hereby grants you a non-exclusive, non-transferable licence to access the Portals and use the Services upon the terms and subject to the conditions stated herein.

3. Representations and Warranties

Each time when you access the Portals (or any of them), you irrevocably and unconditionally represents and warrants that:

you are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Portals and using the Services;
your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose the your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
save as otherwise permitted by Gaming Gears Nepal, you shall not, directly or indirectly, use the Services for any commercial purposes;
you shall not to use the Portals or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties;
you shall not use any intellectual property belonging to Gaming Gears Nepal or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of Gaming Gears Nepal; and
you shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of Gaming Gears Nepal.
you shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals

4. Use of Services

You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them)
It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that Gaming Gears Nepal may issue from time to time. Gaming Gears Nepal shall not be liable for any errors, losses or damages caused by your use of the Services.
It is your responsibility to secure the information of your Account. Any notification or confirmation received by Gaming Gears Nepal from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
Gaming Gears Nepal shall not be liable for acting on the notification or confirmation sent through your Account. Gaming Gears Nepal shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by Gaming Gears Nepal notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify
Gaming Gears Nepal upon receipt of incomplete, garbled or inaccurate data or information from Gaming Gears Nepal. You shall also immediately notify Gaming Gears Nepal upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
You acknowledge and agree that Gaming Gears Nepal may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
Unless otherwise permitted by Gaming Gears Nepal in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
You irrevocably and unconditionally allow and permit Gaming Gears Nepal to send to your Account updates on services and events offered or provided by Gaming Gears Nepal.

5. Virtual Items

All Virtual Items reflected in the Account are not actually owned by you.
You merely have a licence to use the Virtual Items on the Portals (or any of them) in accordance with such terms as Gaming Gears Nepal may impose from time to time.
The value of the Virtual Items reflected in the Account does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash.
Unless otherwise permitted by Gaming Gears Nepal in writing, you are prohibited from selling, transferring or otherwise dispose of the Virtual Items to any other persons, whether within or outside the confines of the Portals (or any of them).

6. Payment

Payments are accepted through eSewa, Fonepay and Khalti. Before you file a dispute with payment issuer, you are to contact us through support@gaminggearsnepal.com to discuss about the issue. If unresolved Gaming Gears Nepal will help communicate and collaborate with the payment issuer if needed.

7. Sale of Items

You may list and sell your Items on the Portals in accordance with the procedures set out herein. Prior to you listing your Items on the Portals, you must submit to Gaming Gears Nepal, your telephone number and email address.
Gaming Gears Nepal may at it absolute discretion:
- remove or suspend, without any notice to you, any of the Items listed by you if Gaming Gears Nepal is of the opinion that you have breached the terms of these Terms of Service viz-a-viz such Items;
- categorise you into the relevant group of sellers based on Gaming Gears Nepal’ criteria; and
- determine the range of prices for each Item listed on the Portals.
By listing the Items on the Portals, you have acknowledged and confirmed that:
- you are the legal and beneficial owner of the Items; and that you have permission to the usages of any pictures that you have uploaded.
- you have the right to list and sell the Items;
- you are able and ready to transfer title and interest in the Items to the Buyer as and when the Buyer makes payment to Gaming Gears Nepal;
- you warrant and represent to all persons viewing the Items on the Portals that the Items are accurately described, good quality and fit for their respective purpose; and
- you are licensed to use the intellectual property contained or comprised in the Items and/or pictures and you have not infringed any third-party intellectual property rights.
You acknowledge and agree that Gaming Gears Nepal is merely acting as a provider of the Portals which enables you to use the Services. Gaming Gears Nepal shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the Buyer to pay the price of the Purchased Item and the amount of such payment.
You shall resolve directly with the Buyer, any claims or complaints made by the Buyer in respect of the price, quality and condition of the Purchased Items. You shall be liable for all claims in relation to and in connection with the Purchased Items, including, without limitation, defective quality and misdescription of Purchased Items.
You shall deliver the Purchased Item to the Buyer upon our notification to you that the Buyer had paid to us, the purchase price of the Purchased Item. Such delivery of Purchased Item shall be in accordance with Gaming Gears Nepal’ delivery procedures. In amplification, all communication tools provided by Gaming Gears Nepal are strictly for performing the delivery of the Purchased Item to the Buyer. You are not permitted to use such communication tools for any other purposes.
You shall indemnify and keep Gaming Gears Nepal indemnified in respect of loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained or incurred by Gaming Gears Nepal as a resolt of a breach of warranties or representations or any terms and conditions of these Terms of Service by you or your failure to perform any of your obligations under these Terms of Service.
You hereby irrevocably and unconditionally authorise Gaming Gears Nepal to forward your contact information to the relevant Buyer upon the Buyer’s payment of the Purchased Item with us.
Upon Gaming Gears Nepal’ satisfactory receipt of the requisite documents and confirmation from you as evidence that you had delivered the Purchased Items to the Buyer in accordance with Gaming Gears Nepal’ delivery procedures, Gaming Gears Nepal will credit the purchase price of such delivered Purchased Items into the Account in the form of GGN Credit, after deducting the handling costs and fees due and payable by you to Gaming Gears Nepal for such delivered Purchased Items Provided Always that Gaming Gears Nepal has not received any notice of dispute from the Buyer. In this respect, you hereby irrevocably and unconditionally agree and authorise Gaming Gears Nepal to make such deductions of handling costs and fees from the purchase price of such delivered Purchased Items. For the avoidance of doubt, any payments made by Gaming Gears Nepal to the Account shall be in accordance with the timeframe and cut-off time determined by Gaming Gears Nepal, subject to such variation or modification as Gaming Gears Nepal shall in it absolute discretion determine from time to time.
If you fail to resolve a dispute with the Buyer pursuant to Clause 7.5, and such dispute is referred to Gaming Gears Nepal for resolution (“Referred Dispute”), you hereby irrevocably and unconditionally authorize Gaming Gears Nepal to make a final decision at its absolute discretion.
If Gaming Gears Nepal resolves the Referred Dispute:
- in favour of the Buyer, then, you hereby unconditionally and irrevocably authorize Gaming Gears Nepal to refund to the Buyer all payments made by the Buyer in respect of the Purchased Items forming the subject-matter of the Referred Dispute. You shall bear all costs and fees incurred by Gaming Gears Nepal in making such refund to the Buyer; or
- in your favour, Gaming Gears Nepal shall then release to you, the purchase price of the Purchased Items forming the subject-matter of the Referred Dispute after deducting all costs and expenses incurred by Gaming Gears Nepal in resolving the Referred Dispute.
In the event that you wish to withdraw the purchase price of the Purchased Items from the Account, you are then required to submit to Gaming Gears Nepal, a copy of your identity card or passport.

8. Availability of Services

The Services are usually available on a daily basis unless otherwise specified herein.
There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of Gaming Gears Nepal. Gaming Gears Nepal makes no warranty that the Services will be available at the times stated herein.
Unless otherwise provided in these Terms of Service, Gaming Gears Nepal shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
Notwithstanding any provisions to the contrary in these Terms of Service, Gaming Gears Nepal shall be entitled to:
- immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
- impose conditions or restrictions on your use of the Service without notice.
In addition to and not in derogation of Clause 8.4, if you do not utilise the Services for a continuous period of three (3) months, Gaming Gears Nepal may, at its absolute discretion, charge a fee for the maintenance of your Account.

9. GGN Credit

You must maintain sufficient GGN Credit in the Account before you use the Services.
GGN Credit can be topped-up in the Account through the payment methods listed on the Portals.
GGN Credit can be used to purchase any of the Services or Items.
If there is insufficient GGN Credit when you purchase any of the Services, Gaming Gears Nepal shall have the absolute discretion to either:
- reject or suspend the transaction; or
- require you to pay the shortfall through any of the other methods of payment available on the Portals.
Gaming Gears Nepal shall, as and when it deems fit, amend, modify, remove or add any GGN Credit or GGN Credit account without prior notice to you.
The GGN Credit in the Account shall automatically expire on the last day of the second (2nd) year from the day when the GGN Credit was first credited into the Account or such other timeframe as Gaming Gears Nepal may determine, without prior notice given by Gaming Gears Nepal.

10. Gift Card

Each Gift Card must be redeemed in a single transaction by purchasing any Services on any of the Portals. If the transaction value is more than the Gift Card value, such Gift Card value in excess of the transaction value will be credited into the Account as GGN Credit. If the transaction value is more than the Gift Card value, you are required to settle the shortfall with the GGN Credit available in the Account or such methods of payment available on the Portals.
Each Gift Card is not transferable and cannot be exchanged with cash.
Gaming Gears Nepal shall not be liable for any Gift Card that is stolen, misplaced or misused without authorisation. For the avoidance of doubt, Gaming Gears Nepal shall not be obliged to enquire or verify at the redemption of the Gift Card, if such Gift Card has been properly obtained.
Notwithstanding Clause 10.3, if Gaming Gears Nepal has any doubts as to the authenticity of a Gift Card, Gaming Gears Nepal shall have the absolute discretion to withhold, suspend or cancel such Gift Card without any prior reference to you.
Each Gift Card shall be subject to such further rules and regulations as Gaming Gears Nepal may introduce at any time or from time to time.
Each Gift Card shall automatically expire on the last day of the second (2nd) year from the day when that Gift Card was first purchased or such other timeframe as Gaming Gears Nepal may determine, without prior notice given by Gaming Gears Nepal.

11. Gaming Gears Nepal Points

You will be rewarded with Gaming Gears Nepal Points for each purchase of goods or services on the Portals (excluding the Items).
You may redeem the Gaming Gears Nepal Points for goods or services on the Portals. The Gaming Gears Nepal Points required to redeem such good or service shall be as stated in the Portals.
The redemption of the Gaming Gears Nepal Points shall be subject to such further rules and regulations as Gaming Gears Nepal may introduce at any time or from time to time.
Each Gaming Gears Nepal Points shall automatically expire on the last day of the second (2nd) year from the day when that Gaming Gears Nepal Points
Token was first rewarded to you or such other timeframe as Gaming Gears Nepal may determine, without prior notice given by Gaming Gears Nepal.

12. Limitation on Liability

You agree and confirm that you shall not hold Gaming Gears Nepal, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Service.

13. Intellectual Property Rights

All copyrights, trade marks, service marks belong to the corresponding owners/publishers and Gaming Gears Nepal is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portals are offered by Gaming Gears Nepal, not the owners/publishers.

14. Reliability of Portals

You are aware that all transactions conducted on the Portals are through telecommunication and data network.
You are fully aware that your receipt of the notification from Gaming Gears Nepal and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that Gaming Gears Nepal cannot guarantee the prompt delivery of such notification or confirmation.
You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

15. Account

You shall immediately notify Gaming Gears Nepal if you are aware or believe your Account has been hacked or compromised.
You shall be liable for all transactions conducted through your Account at any time prior to the receipt by Gaming Gears Nepal of your notification as stated in Clause 14.1.

16. Disclosure of Information

Gaming Gears Nepal shall be entitled and you irrevocably and unconditionally consents and authorises Gaming Gears Nepal to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the
Portals to such extent that Gaming Gears Nepal may at its absolute discretion deem fit to:
- such persons as Gaming Gears Nepal may be required to disclose under the applicable law;
- such other persons or entity pursuant to any governmental directive or order of the court; or
- any other party whomsoever as Gaming Gears Nepal deems fit.
Save as otherwise permitted in Clause 15.1, Gaming Gears Nepal will not disclose your personal information to any other party without prior notification to you.

17. Applicable Laws and Regulations

Your use of the Services shall be governed by the jurisdiction where the contracting entity of Gaming Gears Nepal is domiciled.
Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
You shall fully indemnify, defend and hold Gaming Gears Nepal and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 16.

18. Suspension, Termination, Cancellation of Services

The Services (or any part thereof) may be cancelled by Gaming Gears Nepal at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as Gaming Gears Nepal may at its absolute discretion determine.
Gaming Gears Nepal reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that Gaming Gears Nepal may at its absolute discretion determine.
Upon cancellation or termination of the Services (or any part thereof):
- all rights granted to you hereunder shall immediately terminate and shall revert to Gaming Gears Nepal;
- you shall immediately pay to Gaming Gears Nepal all outstanding fees and charges due and owing to Gaming Gears Nepal;
- Gaming Gears Nepal may at its absolute discretion, decide not to act on any request received by Gaming Gears Nepal after the effective date of termination;
- Gaming Gears Nepal may at its absolute discretion, decide not to act on any confirmation or request received by Gaming Gears Nepal between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
- you hereby irrevocably and unconditionally authorises Gaming Gears Nepal to deduct all money due and owing by you to Gaming Gears Nepal (if any) from the moneys that are payable by Gaming Gears Nepal to you in respect of the delivered Purchased Items.

19. Notices

All notices and documents required to be given by you under these Terms of Service to Gaming Gears Nepal shall be sent to
Gaming Gears Nepal by registered post to the Gaming Gears Nepal’ address listed on the Portals. Any notice or document sent by you to
Gaming Gears Nepal shall be deemed served when such notice or document is received by Gaming Gears Nepal.
All notices and documents required to be given by Gaming Gears Nepal under these Terms of Service to you shall be sent to
you by any one of the following methods:
- electronic mail to your last known electronic mail address according to Gaming Gears Nepal’ records;
- posting the notice or communication on the Portals;
- notices placed with or in any of Gaming Gears Nepal’ written communications to you;
- notices placed through any media; or
- any manner of notification as Gaming Gears Nepal may at its absolute discretion determine.
Any notice or document or communication given by Gaming Gears Nepal to you shall be deemed to be served and received by you on the day following the sending of such notice or document.

20. Waiver And Severance

Any failure by Gaming Gears Nepal to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable Gaming Gears Nepal shall amend that provision in such reasonable manner as would achieve the intention of Gaming Gears Nepal or at the discretion of Gaming Gears Nepal it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.

21. Variation

These Terms of Service may be modified, added to, deleted or varied by Gaming Gears Nepal by way of posting on the Portals or in any such other manner as Gaming Gears Nepal may in its absolute discretion determine.
You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).

22. Assignment

You may not assign its rights under these Terms of Service without the prior written consent of Gaming Gears Nepal.

23. Binding Effect

These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.

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