Term of use

We have updated this Policy. It will go into effect on October 16th, 2017. You can access the previous Policy here.

§1 GENERAL PROVISIONS

  1. These Terms of Use, including any changes hereto, hereinafter referred to as “TERMS OF USE”, set forth the terms of using the Gemly website available at www.gemly.com, hereinafter referred to as “SITE”. The SITE allows for making purchases of products as part of electronic software distribution (ESD).
  2. Registration within the SITE by a non-consumer user means that the user has read and accepted these TERMS OF USE.
  3. Each time upon registering on the SITE, consumer users accept these TERMS OF USE and give their consent to entering into a distance contract as defined in Section 2.1 of the Consumer Rights Act of 30th May 2014.
  4. The owner and administrator of the SITE is Techland Sp. z o.o. based in Ostrów Wielkopolski (63-400) at ul. Żółkiewskiego 3, listed in the register of entrepreneurs kept by the District Court for Poznań Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS [National Court Register] No. 000001369333, NIP [Tax Identification No.]: 622-24-68-959, REGON [Statistical No.]: 251546820, share capital: PLN 176,891,600.00, hereinafter referred to as “SITE OWNER”.
  5. These TERMS OF USE constitute an integral part of a sales agreement made by and between the user, hereinafter referred to as “USER”, and the SITE OWNER.

§2 USERS AND ACCOUNTS

  1. USERS of the SITE may include adult individuals, corporate entities, or non-corporate entities which have legal capacity under separate regulations as well as minors over the age of 13, subject to obtaining consent from their legal guardians.
  2. For individuals using the SITE for purposes not related directly to their business or professional activity, the provisions of these TERMS OF USE concerning consumers shall apply as well as relevant provisions of the generally applicable law concerning consumers.
  3. Using the SITE is possible via devices with the Internet access.
  4. A USER is an entity which has registered on the SITE and has an active Techland Account, hereinafter referred to as “ACCOUNT”. ACCOUNT can be used to access different services managed by SITE OWNER or its subsidiaries.
  5. An ACCOUNT means an individual USER account, which comes with an individual login and password chosen and provided by the USER during registration. The USER can access the SITE by logging in using their login and password or by Facebook login. 
  6. The SITE may be accessed only by USERS who: 
    1. have registered by filling in an electronic form available on the SITE and provided his/her email.
    2. have signed in by using their Facebook account. By using this function the USER acknowledges that the SITE OWNER will have access to information within his/her Facebook account. More information about personal data stored on Facebook account and gathered by the SITE OWNER can be found in the SITE OWNER and Facebook Privacy Policy.
  7. The USER shall undertake measures to protect their ACCOUNT against unauthorized access, including keeping their login credentials in secret and not disclosing them to third parties. The SITE OWNER shall not be liable for the acts of unauthorized individuals on the USER ACCOUNT.

§3 ORDERS

  1. The USER may place an order after logging in to his/her ACCOUNT. The order fulfilment process begins with the USER adding an item to their cart. 
  2. The SITE may allow for purchasing products before their official release dates, the so called “pre-order”. Products offered as part of pre-order are labelled on the SITE as “PRE-ORDER”. The SITE OWNER posts the information on the estimated official release date. These dates may be changed by the licensor of a given product. For PRE-ORDER purchases, the USER may be offered either a basic or a premium version of the product.
  3. To make an order the USER shall: 
    1. choose a product and add it to a cart.
    2. choose payment method and proceed to payment as described in Section 4.
  4. An order is deemed completed in the moment referred to in Subsection 3 above. Purchased product will be placed in “My Games” section with “pending” status until “click to redeem” option appears. From this moment the USER may redeem the product activation code for the purchased game. 
  5. An effectively placed order means that the USER and the SITE OWNER have made an agreement of sale of the ordered products.
  6. The SITE OWNER shall immediately send a written confirmation of executing the agreement to the mailing address indicated by the USER.
  7. Orders are made available by making the product available to the USER in the manner referred to in Subsection 4 above. The SITE informs the USER that, if possible, the product is made available immediately, no later, however, than within 24 hours of making the payment. 
  8. Orders as part of ESD are fulfilled by sending/making available to the USER an installation file on a hard drive or a product activation code. The USER may download the product or redeem product activation code  the moment it is made available.
  9. PRE-ORDERS are fulfilled in the shortest period possible, of which the USER will be informed by email.

§4 PRICES AND PAYMENTS

  1. Prices of all products offered on the SITE include VAT (gross prices), if applicable.
  2. Every payment should include product price and additional costs, if any, which the USER shall be informed about upon placing an order.
  3. At the USER’s request, a VAT invoice may be issued. In order to do so, the USER shall provide specific data, such as  address and TIN number [Tax Identification Number] to support@gemly.com.
  4. Payments are made by the USER via one of the payment methods available on the SITE. If the USER chooses to make her/his payment via a payment operator such as  Braintree (a PayPal service), payments are deemed completed upon the SITE’s receipt of payment confirmation from the payment operator.
  5. Settlements of credit card and e-transfer transactions are made via Braintree (a PayPal service).

§5 ANTI-FRAUD MEASURES

  1. The SITE OWNER uses anti-fraud tools and protective measures for tracking frauds. If a transaction is suspected to be fraudulent (e.g. a stolen credit card was used) the transaction will be suspended for further investigation. The USER will be notified about the suspected fraudulent transaction via email. If a fraud is confirmed, the suspended transaction will be cancelled. If the USER was already charged for the transaction, he/she shall be reimbursed in full. 
  2. The SITE OWNER is entitled to cancel completed transactions which were found fraudulent. In such case the USER will be notified with an email and will be fully reimbursed. 

§6 USING THE PRODUCTS

  1. Products can be used according to the TERMS OF USE and as set forth in the license agreement made with the licensor of a given product. Terms and conditions of the license agreement referred to in the preceding sentence shall be made available to the USER, depending on a licensor game platform, before the installation of a product.
  2. Entering into an agreement with the SITE OWNER only means that the USER purchases limited license rights (non-exclusive license) to use the purchased or rented product on terms and conditions referred to in Subsection 1 above. The license is non-transferrable (sublicensing is prohibited), and the rights to use the product may not be subject to further trading.
  3. Entering into an agreement with the SITE OWNER does not mean that the USER purchases copyrights, as defined in the Act of 4th February 1994 on Copyrights and Related Rights, to the products, works included in the products, or to any other content. In particular, the USER shall not have the right to record or reproduce the products and materials attached to them, or parts thereof, as well as to market, distribute or publicly present the products. The USER may engage in such activities only after prior consent of the SITE OWNER or of any other authorised third parties.
  4. Using the specific products is possible provided that the USER uses devices with technical parameters and settings specified in the product description available on the SITE.
  5. The SITE OWNER shall not be liable for the inability to use any of the products nor for difficulties in downloading or using these products as a result of the USER’s failure to meet the requirements referred to in Subsection 4 above.
  6. The products purchased on the SITE can be used by the USER solely for her/his own non-commercial purposes.

§7 FILING A COMPLAINT

  1. The USER has the right to submit complaints to the SITE OWNER concerning products and services provided.
  2. Complaints may be sent by email to the following email address: support@gemly.com.
  3. Consumers and other USERS have the right to make complaints in the event that a product is defective, on terms and conditions stipulated in the Polish Civil Code.
  4. Product malfunction (including without limitation inability to install or run the product, or improper display of graphics) caused by the USER’s individual settings shall not constitute grounds for complaint.
  5. The SITE OWNER shall consider USERS’ complaints within 14 days of receipt thereof.
  6. In the event that a complaint concerning the purchased product is allowed, the SITE OWNER shall, at the USER’s discretion, either reimburse to the USER the amount paid for the product covered by the complaint, replace the product with a one free of defects, or reduce the product price.
  7. Refunds are governed by the Refund Policy

§8 ACCOUNT DEACTIVATION/DELETION

  1. The USER may at any time discontinue using their ACCOUNT with the SITE by deactivating it or deleting it.
  2. The deactivation is performed by the USER by sending an appropriate request to the SITE’s support team at support@gemly.com.
  3. Once the ACCOUNT is deactivated, the USER will be unable to use the products available on the SITE, including making purchases.
  4. A deactivated ACCOUNT may be reactivated by sending an appropriate request to the SITE’s support via email address: support@gemly.com
  5. A deleted account cannot be recovered. USER shall choose this option only when he/she wishes to permanently delete the ACCOUNT and all associated games. 

§9 PERSONAL DATA

  1. The SITE OWNER is a personal data administrator as defined in the Personal Data Protection Act of 29th August 1997.
  2. The USER’s registration with the SITE in the manner referred to in Section 2 of these TERMS of USE shall mean that the USER grants their consent to processing their personal data as defined in the Personal Data Protection Act of 29th August 1997.
  3. The SITE OWNER shall process and store the USER’s personal data in accordance with provisions of the PRIVACY POLICY. 
  4. The SITE OWNER ensures storage and processing of personal data in line with requirements of the Personal Data Protection Act of 29th August 1997.
  5. The USER shall have the right to access their data and demand supplementing, updating or correcting thereof, temporary or permanent suspension of its processing, or deletion if the data is incomplete, outdated, false or has been collected against the Act, or it is no longer relevant to the purpose for which it has been collected

§10 MISCELLANEOUS

  1. The USER shall not have the right to use in any manner the materials published on the SITE, including images, drawings and descriptions of goods, unless it is permitted by generally applicable law, or if the USER obtains the SITE OWNER’s written consent.
  2. After logging in to the SITE, the USER may access the SITE’s additional features. The SITE may introduce new and modify existing features available on the SITE.
  3. The SITE OWNER may change the TERMS OF USE. The change becomes effective on the date indicated by the SITE OWNER, which may be no sooner than 14 days from publishing the changed TERMS OF USE on the SITE, with the proviso that transactions effected before the effective date of the change are subject to existing terms and conditions. Upon the first logging in on the SITE, as counted from the effective date of the change, the USER will be notified of the change. The USER will also receive an email with the changed TERMS OF USE. If the USER does not agree with the changed TERMS OF USE he/she will have to cease using the ACCOUNT by deactivating or deleting it. 
  4. The agreement between the USER and SITE OWNER shall be governed by the Polish law. Any disputes arising out of or in connection with the agreement shall be resolved by Polish common courts unless any provisions of generally applicable EU laws provide otherwise.  
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