Terms & Conditions
These are the terms and conditions (“Terms”) upon which GYRZIS SOLUTION FZCO, a private company incorporated under the laws of the United Arab Emirates under company registration number DSO-FZCO-20388 and having its registered office IFZA Business Park, DDP, Premises number 22063 – 001, Dubai, UAE (“YUPLAY”, “we”, “us”, “our”) sell and supply access codes to digital content to you through the website www.yuplay.com .
YUPLAY online store, hereinafter referred to as "YUPLAY", offers any individual who has reached the age of majority, hereinafter referred to as "User", paid information services (hereinafter referred to as "Services") on the site http://yuplay.com (hereinafter “YUPLAY Site”). This document is Terms & Conditions (hereinafter referred to as the "Agreement"), the full and unconditional acceptance of the terms of which is considered to be the User's payment for the offered Services.
1. Subject of the Agreement
1.1. YUPLAY provides the User with Services related to the provision of access to software products and other information materials in electronic form posted on the YUPLAY Website.
1.2. User pays for and accepts the rendered Services on time.
2. Terms of Service Provision
2.1. User's access to paid Services of YUPLAY Site is provided:
2.1.1. After authorization as a registered user by entering the user's personal login and password; as well as
2.1.2. After prepayment for these Services, that is, if there is a positive balance on User’s individual account sufficient to pay for the Services;
2.2. Using its own technical means YUPLAY takes into account the funds received from User on his individual account. Information about the balance of an individual account, including a list of incoming and outgoing transactions, is available through the user interface - a personal web page on the YUPLAY Site, accessible after authorization using a login and password. The volume of Services that can be provided to a User at a particular point in time depends on the sufficiency of funds in his/her individual account.
2.3. Users do not have the right to transfer their rights under the Agreement to any third party and / or in any way admit third parties to the Services.
2.4. The User is not entitled to disclose personal registration data (login and password) intended for authorization on the YUPLAY Site, and undertakes to ensure the safety and confidentiality of this data. All operations carried out on the YUPLAY Site using User's login and password are considered to have been carried out by the User. YUPLAY is not responsible for the unauthorized use of the User's registration data by third parties.
2.5. Users are notified and agree that YUPLAY may establish, at its sole discretion, additional restrictions on the provision of certain types of Services, in particular, a number of Services are provided only to owners of certain software products who have registered the purchased licensed copy of the software product. Some Services require the User to use certain protocols and technical communication standards. YUPLAY has the right to refuse to provide Services to persons who use or intend to use them for any illegal purposes, as well as to persons who attempt to obtain the Service in an illegal way.
2.6. Users are notified and are obliged to take into account the fact that software and other information materials, to which they gets access during the provision of the Services, are subject to the exclusive rights of YUPLAY and / or other right holders, are protected by intellectual property laws and other relevant Hong Kong and international laws.
2.7. Services are provided to Users around the clock, seven days a week, including weekends and holidays. YUPLAY has the right to suspend the provision of Services to all Users or individual Users for technological reasons (maintenance work, updating software or hardware, etc.), as well as in other cases provided for by this Agreement.
2.8. YUPLAY has the right to engage third parties to provide Services to the User.
3.1. YUPLAY is obliged to:
3.1.1. Provide the User with Services in accordance with the terms of the Agreement;
3.1.2. Keep records of consumption and payment for Services by the User;
3.1.3. Timely deduct funds from User's account to pay for the Services;
3.1.4. Publish official messages related to providing Services to Users on the YUPLAY Site and / or notify Users by sending information about any changes to the User's email address specified during registration.
3.2. Users are obliged to:
3.2.1. Make a full prepayment for the Services in a timely manner;
3.2.2. Accept the Services provided by YUPLAY;
3.2.3. Monitor the status and timely replenish the User's individual account on the YUPLAY Site;
3.2.4. Strictly comply with the terms of the Agreement and with the rules of the YUPLAY Site;
3.2.5. Get acquainted with the official information from YUPLAY, published in the manner prescribed by the Agreement;
3.2.6. Immediately notify YUPLAY about cases of loss or theft of the password for accessing User's personal information on the YUPLAY Site;
3.2.7. Provide at their own expense the availability of serviceable equipment and technical capability to receive the Services, including the availability of broadband Internet access (the recommended bandwidth for access is at least 256/256 Kbps);
3.2.8. In the event that the User participates in Beta testing of games provided by the YUPLAY Site, or gains access to the results of such tests, including, but not limited to: error messages, developers' responses, game reviews - the User undertakes to prevent the creation of negative reputation of this game by disclosing such information.
4. Cost of Services and Payment Procedure
4.1. The cost of the Services is determined in accordance with the Services prices indicated on the YUPLAY Site.
4.2. Payment for the Services by wire transfer is made by the User in advance payment (prepayment) for any number of services based on the invoice generated through the user interface.
4.3. Payment for the Services is made by the User in the currency of the selected payment method.
4.4. User is obliged to verify the correctness of the details through which the payment for the Services is made. In case of change of YUPLAY’s bank details, from the moment the new details are published on the YUPLAY Site, User is solely responsible for payments made to outdated details.
4.5. For the purposes of the Agreement, payment for the Services is accepted only by the methods listed in the "Account Replenishment" section on the YUPLAY Site. The choice and use of the method / form of payment for the Services is made by Users at their own discretion. The User is obliged to take into account the fact that some payment methods involve the participation of third parties in settlements between YUPLAY and the User, and therefore YUPLAY cannot be responsible for the actions or inaction of such third parties. The issues of security, confidentiality of personal data, the amount of commissions and interest for the transfer of funds are agreed by the User with these third parties independently and are not subject of this Agreement.
4.6. Services are considered paid by the User from the moment YUPLAY receives:
- • confirmation from the bank about the reception of the payment amount to the YUPLAY current account;
- • confirmation of payment from the system through which the payment was made.
4.7. The User agrees that in order to determine the volume of Services consumed by him, the status of his individual account, the volume of mutual rights and obligations for the Services provided and their total amount, only the data of the YUPLAY Site is used, generated as a result of the automated processing of User’s actions who is authorized using the login and the password. Also only the Services prices indicated on the YUPLAY Site, which were in effect at the time of the service, are used.
5. Provision and Acceptance of Services Procedure
5.1. The fact of delivery and acceptance of services is reflected in the user interface of the YUPLAY Site.
6. Conditions for Using Information Materials from the Site
6.1. The procedure for using software products and other information materials in digital form, to which the User gains access on the YUPLAY Site in the course of Services provision, is established by the copyright holders of the relevant information materials and is reflected in license agreements or other documents accompanying the relevant product or material.
6.2. Unless otherwise established by the copyright holder, the material to which the User has access can be downloaded and played in the memory of only one computing device belonging to the User and used for its intended purpose (i.e. in accordance with the manufacturer's recommendations) on this device. The User does not receive any other rights to use the materials.
6.3. The User undertakes to comply with the prohibitions established by the current legislation on circumvention of technical means for protecting copyright and related rights used by the copyright holders of certain products and materials.
6.4. For violation of the established procedure for using materials that are objects of intellectual property, to which the User gains access during the provision of the Services, the User is liable in accordance with the current legislation.
7. Digital Codes Information
7.1. The Digital Codes we sell unlock content which can be downloaded from the respective Developer’s platform. All content displayed on our Website is accompanied by the main characteristics of the relevant product, including its version or edition. Content images on the Website are for illustrative purposes only. The descriptions on our Website may include video and still images that do not represent actual gameplay.
7.2. After purchasing a Digital Code from our Website, its dispatching should take no more than 15 minutes. However, there are many possibilities for a delayed order, ranging from technical issues to security reasons. Regardless, your first step should always be to check the order status in the “My Orders” section on the Profile Page and act in accordance with what the aforementioned status says. You can always contact our customer services team, if you have any support queries or issues.
7.3. The Digital Codes purchased from us only allow you to access and download content from the respective Developer’s platform. They do not entitle you to any updates, upgrades, new releases or new versions of the content unless the Developer provides any of these to you in accordance with their user licence agreement.
7.4. Once you receive the Digital Code from us, you will be given the option to use it to access and download the content from the respective Developer’s platform. In most cases you will need to visit their platform in order to verify your Digital Code and then access/download the relevant content. The Digital Code will be considered as “used” once it has been accepted and validated on the Developer’s platform.
7.5. We are not responsible for delays outside our control. If something happens to our Website or the means we make available to you to access your Digital Code, which is outside of our control, we will use our reasonable endeavours to inform you of when you can expect to be able to access your Digital Code or we will take steps to minimise the effect of the delay.
7.6. In the case of account banned or closed on the Developer’s platform, we are not responsible for or liable to you and we will not refund you the price paid for any Digital Code if your access to relevant content is declined, blocked or stopped because you are banned (whether temporarily or permanently) by the relevant Developer from accessing and/or using the Developer’s platform.
7.7. Once the Digital Code you have purchased is made available to you, you should check it as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defects.
If you fail to do that within a period of 28 days after the purchase of the Digital Code, then:
- The process for proving that the Digital Code is incorrect, used or revoked not because of the User's fault will involve additional verifications.
- You will lose your right to a refund (only if the actual Digital Code is not revealed to you) if you have mistakenly purchased a Digital Code that works for a different region, platform or Operating System.
In case the Digital Code is incorrect, used, or revoked, but not because of the User’s fault, the refund or a replacement is made only after following the procedures established by YUPLAY.
7.8. To avoid faults in the Digital Codes happening, you are obliged to:
7.8.1 ensure that if it is necessary for you to have a particular base game title in order to use the content, you: (i) have the version of the base game title that corresponds with the content to which the Digital Code relates; and (ii) have installed to the base game title all necessary fixes, updates and upgrades which the relevant Developer makes generally available from time to time. We will not be liable for any non-conformity of the Digital Code due to you not having the necessary version of the base game title and/or not installing a fix, update or upgrade after the respective Developer makes this generally available;
7.8.2. use the content only on third party software and equipment that is recommended on their Website or on the Developer’s Website; and
7.8.3. not communicate or share the Digital Code with anyone else, as it can only be used once.
7.8.4. ensure that you have checked the product information related to its language, regional or platform restrictions. The regional information of each game is based on your current location (country), determined by your IP. By clicking on the “?” symbol, you can also manually check the country that you want to verify to see if the product will work there. It can be helpful when buying while abroad, or when you're getting something for your friend who lives overseas.
7.8.5. ensure that you have checked the product information related to the minimal system requirements (both software and hardware). We will not be liable for any non-conformity of the Digital Code due to you not having the minimal hardware configuration or the necessary software installed on your computer (including, but not limited to operating system, system updates, drivers, etc.).
7.9. You agree to cooperate with us where reasonably possible and necessary so we can determine whether any fault with the Digital Code is caused by your Device (e.g. hardware, software and any network connection used by you to access and use the Digital Code)
7.10. You may be able to pre-order a Digital Code for content that is not released yet. Pre-orders are made in the same way as purchasing instant delivery Digital Codes. In this case, you will receive your Digital Code on the release date of the respective product. We will send you an email to let you know when your Digital Code is available in your User Account. You can cancel your pre-order for this Digital Code by sending us a request to cancel by email at [email protected] at any time up to 3 days before the content is generally released by the Developer. We have the right to cancel your pre-order and issue you a refund if the Digital Codes for the content are withdrawn from sale through the Website before the content is generally released by the Developer and also we reserve the right to cancel your pre-order and issue a full refund in the event the price changes before the content is generally released by the Developer.
7.11. You are entitled to a refund in case that:
7.11.1. The Digital Code is incorrect, used, or revoked, but not because of the User’s fault;
7.11.2. You can cancel your order for Digital Codes at any time during the 14 days after the day we send you our Confirmation Email, only if the actual Digital Code is not revealed to you. This means that in your library under the product you purchased there should be a button with text “SHOW KEY”. Otherwise, if the button shows the actual digital code then it has already been revealed to you and you are not entitled to a refund.
We will refund you the price you paid for the Digital Code by the method you used for payment (unless you otherwise agree) within 5-10 days of you sending us your request for a refund in case you are entitled to receive such a refund.
7.12. The clause described under 7.11.2. is not valid when:
7.12.1. You have purchased more than 3 copies of a certain product. In this case, even though the Digital Code is not revealed to you, you are not entitled to a refund, unless the Digital Code is incorrect, used, or revoked, but not because of the User’s fault.
7.12.2. You request a refund right after completing an order and the delay for receiving the Digital Code does not exceed 45 minutes.
7.12.3. We will not be liable for damage which you could have avoided by following our advice or that of a Developer to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation or other instructions or to have in place the minimum system requirements advised by us and/or the Developer.
8. Validity Period and Change of the Terms & Conditions
8.1. This version of the Terms & Conditions comes into force from the moment it is published on the Internet on the YUPLAY Site and is valid until its revocation by YUPLAY.
8.2. YUPLAY reserves the right to amend the Terms & Conditions and/or withdraw them at any time at its sole discretion. In the event that YUPLAY makes changes to the Terms & Conditions, such changes come into force from the moment of publication, unless another date for the entry into force of the changes is additionally determined when they are published.
9. Validity and Amendment of the Agreement
9.1. This Agreement enters into force from the moment the User accepts its terms (acceptance of the Offer) and is valid until its termination on the grounds provided for in the Agreement.
9.2. The User agrees and acknowledges that making changes to the Terms & Conditions and publishing them on the YUPLAY Site entails a change in the terms of this Agreement and become in force between the User and YUPLAY. These changes begin to apply to the relationship between YUPLAY and the User after three working days after their publication on the YUPLAY Site.
9.3. In case of revocation of the YUPLAY Terms & Conditions during the term of this Agreement, the Offer Agreement is considered terminated from the moment of revocation.
10. Termination of the Agreement
10.1. The User has the right to unilaterally cease the use of YUPLAY Services at any time and terminate the Agreement.
10.2. YUPLAY has the right to terminate the Agreement with the User if the User violates the terms of this Agreement. The Agreement is considered terminated from the moment the YUPLAY notification is sent to the User.
10.3. If, at the time of termination of this Agreement, the cost of the Services paid by the User exceeds the cost of the Services actually provided to the User, the difference between the indicated amounts is not refundable.
10.4. If the User does not perform operations on the YUPLAY Site using his login and password for more than two years in a row, YUPLAY has the right to suspend the provision of Services to such User by sending a notification with a list of necessary actions to resume the provision of Services. If the User, nevertheless, does not take the necessary actions confirming his intention to use the Services, YUPLAY, after three years from the date of the last transaction by the specified User, has the right to unilaterally refuse to execute this Agreement.
11. Warranties and Preliminary Statements
11.1. During the term of the Agreement, YUPLAY will make reasonable efforts to eliminate any failures or errors in the operation of the YUPLAY Site that may impede the use of the Services. However, YUPLAY does not guarantee the complete absence of errors and failures when using the Services and reserves the right to suspend the provision of the Services for a while for technological reasons.
11.2. With respect to some software products and information materials to which the User gets access in the process of receiving the Services, their manufacturers may establish certain warranty obligations for quality and subsequent technical support. However, YUPLAY, unless otherwise stated, is not an organization authorized by such manufacturers and does not independently assume any warranty, support or consulting obligations. YUPLAY provides the User with access to software products and information materials in the form and quality in which they are provided by the manufacturers ("as is"), while YUPLAY does not guarantee that they are free of errors and flaws, and does not undertake any obligations to ensure compliance of these products and materials for the purposes for which they are purchased by the User.
11.3. YUPLAY does not guarantee the proper functioning (reproduction) of software products and information materials, access to which is provided during the provision of the Services, in the environment of specific hardware and software of the User. The User independently, at his own discretion and at his own risk, chooses the appropriate Service, taking into account the characteristics of his specific hardware and software.
11.4. By agreeing to this Terms & Conditions and taking actions that indicate its acceptance, the User assures YUPLAY and guarantees that:
11.4.1. he shall submit reliable information when registering on the YUPLAY Site, when placing orders for Services and when making payments;
11.4.2. he has the legal capacity and powers necessary for the conclusion and execution of this Agreement;
11.4.3. he has sufficient knowledge to make an informed choice of the Services, taking into account the characteristics of the specific hardware and software available to him.
12. Liability of the Parties
12.1. The User is fully responsible for the accuracy of the information specified by him when registering as a user of the Services on the YUPLAY Site, as well as for the validity of guarantees and preliminary statements made in accordance with section 10 of the Terms & Conditions .
12.2. In case of violation of the terms of this Agreement by the User, YUPLAY has the right to suspend the provision of the Services until the User eliminates all violations and reimburses the losses caused by such violation in full and / or unilaterally terminate the Agreement with a corresponding notification to the User. Upon termination of the Agreement, YUPLAY has the right to withhold as compensation for losses the amount of the difference between the amount of the advance payment paid by the User for the provision of the Services and the cost of the Services actually provided by YUPLAY prior to such termination.
12.3. In the event of a significant violation of the terms of this Agreement by the User, which is considered to be a violation of the requirements of clauses 2.3, 2.4 and section 6 of this edition of the Terms & Conditions, YUPLAY has the right to unilaterally terminate the Agreement with a corresponding notification to the User. In this case, YUPLAY, in addition to being able to recover damages, has the right to withhold as a penalty the amount of the difference between the amount of the advance payment paid by the User for the provision of the Services and the cost of the Services actually rendered by YUPLAY prior to such termination.
12.4. Under no circumstances shall YUPLAY be liable for any actions / inaction of third parties, in particular, for any losses, damage to business reputation, harm to health caused to the User as a result of software or hardware failures that do not belong to YUPLAY, as a result of unavailability of certain segments of the Internet or as a result of the use (impossibility of use) by the User of the chosen method of payment for the Services under the Agreement.
12.5. YUPLAY is not responsible for any losses incurred by the User as a result of using the Services.
12.6. YUPLAY is not responsible for possible undesirable consequences for the User that have arisen as a result of providing the User with advice.
12.7. YUPLAY is not responsible for ensuring the security of User's hardware and software that is used to receive the Services.
12.8. YUPLAY is also exempt from liability for violation of the terms of the Agreement, if such violation is caused by force majeure circumstances, including: actions of state authorities, fire, flood, earthquake, other acts of God, massive power outages, strikes, civil unrest, disturbances, any other circumstances that may affect the performance of the Agreement by YUPLAY and beyond YUPLAY's control.
12.9. The aggregate liability of YUPLAY under the Agreement is limited to the amount of money paid by the User under the Agreement as an advance payment for the Services consumed.
13 General Provisions
13.1. The contract, its conclusion and execution are governed by the current legislation of Hong Kong. All issues that are not regulated or are not fully regulated by the present Terms & Conditions, are regulated in accordance with the substantive law of Hong Kong. In case of disagreements between the User and YUPLAY regarding the Agreement, which cannot be resolved through negotiations between the parties, they will be settled in the manner prescribed by the current legislation. Unless otherwise prescribed by current legislation, disputes, including in court, are considered at the place of state registration of YUPLAY - in Hong Kong.
13.2. Any notices under the Agreement are deemed to have been made in due form and received by the other party if
13.2.1. They are sent from YUPLAY’s email address to the User's email address specified by him during registration - effective from the next day after sending the email, or (2) they are posted as official information on the YUPLAY Site - effective in three business days after posting;
13.2.2. They are sent from the User to YUPLAY, to the mailing address indicated at the end of the current version of the Terms & Conditions, by registered mail with acknowledgement of receipt.
13.3. YUPLAY does not collect, store and process personal data of citizens in the process of providing the Services. However, in cases where the User loses identification data (login / password) to access the YUPLAY website, as well as in cases where the User receives a statement about the unauthorized use of identification data, YUPLAY has the right to request from the User, and the User agrees to provide some personal data that will be used solely for the purpose of executing this Agreement, protecting the property interests of the User and YUPLAY.
13.4. This Agreement constitutes a complete agreement between YUPLAY and the User. YUPLAY does not assume any conditions and obligations in relation to the subject of the Terms & Conditions, other than those expressly indicated in the text of the Terms & Conditions, except for the case when such conditions or obligations are fixed in writing and signed by the User and YUPLAY
13.5. If any articles of the Terms & Conditions is recognized as invalid or illegal, or cannot enter into force in accordance with applicable law, such a provision should be separated from the Terms & Conditions and replaced by a new provision that best meets the original intentions contained in the Terms & Conditions, while the rest of the provisions of the Terms & Conditions (Agreement) do not change and remain in force.
13.6. YUPLAY reserves the right to change this agreement unilaterally and without notice at any time. The user is obliged to independently check it on the YUPLAY site.