Terms

General Terms and Conditions

  • 1 Contractual object and applicability
  • 2 Intermediary role
  • 3 Terms of payment
  • 4 Termination
  • 5 Liability
  • 6 Copyright
  • 7 Applicable law
  • 8 Place of jurisdiction
  • 9 Data protection
  • 10 Severability clause

 

  • 1 Contractual object and applicability

1.1. KEYESD.com. (hereinafter referred to as KEYESD) is an online agency connecting buyers (hereinafter referred to as Buyers) and sellers of digital and virtual goods related to online games. KEYESD connects sellers and Buyers through various platforms (hereinafter referred to as the Platform). Sellers pay KEYESD an individually negotiated commission fee for this service. The relationship between KEYESD and the Buyer is gratuitous.

1.2. The sellers distribute and deliver digital and virtual products in exchange for remuneration. The seller directly concludes the legal transaction concerning the sale of digital and virtual goods with the Buyer. KEYESD never owns the digital goods.

1.3. The following GTCs apply exclusively to the relationship between KEYESD and the Buyer.

1.4. These GTCs do not apply to the relationship between the Buyer and the seller. The terms and conditions of sale of the seller apply to the relationship between the Buyer and the seller.

1.5. In case of inconsistencies in translations of these GTCs into any language other than Chinese, the Chinese version of these GTCs shall be authoritative.

  • 2 Intermediary role

2.1. A customer account is required to use KEYESD. Registration is free.

2.2. A social media login allows the Buyer to use KEYESD without registering.

2.3. When creating an account, the Buyer must read and accept the terms and conditions of use and KEYESD's data privacy policy.

2.4. KEYESD hosts sellers' invitations on its Platform for Buyers to submit offers. KEYESD forwards the offer to the relevant seller, which can accept it. If the seller accepts the offer, the product is delivered to the Buyer within the specified delivery deadline.

2.5. If the seller accepts the offer, KEYESD Ltd. facilitates contact between the seller and Buyer.

2.6. The seller determines the method of delivery.

  • 3 Payment

3.1. The Buyer pays the seller the purchase price indicated on KEYESD's Platform.

3.2. Payment is rendered directly to the seller via the Platform and account of KEYESD.

3.3. KEYESD does not automatically collect payments. The payment process is initiated by the Buyer after the seller verifies and accepts the offer.

3.4. Various payment methods are available, and the sellers reserve the right to refuse or accept/demand other payment methods than those listed.

  • 4 Termination

4.1. Both the Buyer and KEYESD can terminate their relationship at any time by deleting the Buyer's account.

4.2. KEYESD can also terminate the relationship by temporarily or permanently blocking or deleting the Buyer's account. KEYESD will continue with ongoing intermediation until completion after weighing its interests.

  • 5 Liability

5.1. The Buyer has no claim to compensation unless resulting from injury to life, limb, health, violation of essential contractual duties, or liability for other damages caused by intentional or grossly negligent breach of duty on KEYESD's part.

5.2. KEYESD is only liable for typical foreseeable damages due to ordinary negligence.

5.3. The restrictions set out in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of KEYESD if claims are filed directly against them.

5.4. KEYESD cannot be held liable for the measures taken against the Buyer by a provider of online games, especially not for the blocking of the Buyer's account or the deletion of his/her digital or virtual goods by the online games provider.

5.5. Liability for inaccurate price labeling, faulty performance or non-performance by the seller, and for any other breaches of contract or risks associated with the sale of the goods, rests exclusively with the seller.

5.6. These GTCs do not affect the regulations of the Hong Kong Product Liability Act.

5.7. These GTCs do not affect independent representations and warranties.

 

 

 

 

  • 6 Copyright

6.1. The content available on the Platform is protected by copyright or other proprietary rights and is the property of KEYESD or third parties which have made it available. The compilation of the content in itself is protected as a collection or database work in the sense of Sections 4(2) and 87a(1) of the German Copyright Act (UrhG). The Buyer may only use this content in keeping with the provisions of these GTCs.

6.2. Some of the content available on the Platform is provided by KEYESD and some by third parties. KEYESD does not check that third-party content is complete, accurate or legal, and therefore accepts no responsibility for said third-party content.

6.3. The Buyer is prohibited from fully or partially processing, modifying, exhibiting, publishing, displaying, duplicating, or distributing content on the Platform which the Buyer did not create. Such content includes photos, logos, text, reports, scripts, and program routines developed independently or provided by KEYESD. Likewise, the Buyer is prohibited from removing or modifying copyright notices, proprietary notices, or marks of any kind.

6.4. Any type of use not expressly permitted in these GTCs requires the written consent of KEYESD.

6.5. Paragraphs 1 to 4 apply exclusively to content that is independent of the purchase of digital and virtual products, and expressly not to the intellectual property rights to the digital and virtual products themselves.

  • 7 Applicable law

These GTCs are subject to the law of Hong Kong, excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect mandatory consumer protection regulations of the country in which the consumer in question is habitually resident.

  • 8 Place of jurisdiction

If the Buyer is an entrepreneur, corporate body under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the relationship between the Buyer and KEYESD shall be the registered offices of KEYESD. Otherwise, the legal place of jurisdiction of the parties shall be used.

Registered offices of KEYESD

 Office 1:

Flat/Rm 1203, 12F
88 Kwai Cheong Road N.88

Kwai Chung, Hong Kong

Office 2:

Suite 1205/06 , 12F, Pacific Plaza,

410 Des Voeux Road West, Western District

Hong Kong

Mail: admin@keyesd.com

  • 9 Data protection

9.1. KEYESD shall collect the data of the Buyer in connection with the mediation and execution of contracts. In doing so, KEYESD shall adhere to the regulations of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and other applicable data protection laws. KEYESD shall only collect, process, and use personal data without the consent of the Buyer insofar as necessary.

9.2. By registering on the Platform of KEYESD, the user agrees to the terms and conditions of use and the data privacy policy of KEYESD.

  • 10 Severability clause

If any provision of these GTCs should be or become ineffective, this shall not affect the validity of the rest of these GTCs. The ineffective provision is to be replaced by a provision which best approximates the intent of the parties within the boundaries of the law. The same applies in the event of a loophole.