TERMS AND CONDITIONS OF USE
OF WEBSITE AND/OR MOBILE APPLICATION
The following Terms and Conditions of use (these “Terms”) constitute the whole agreement among GAMERS HUNTER ESPORTS GROUP, a variable capital investment promotion stock company, its affiliates and/or subsidiaries, and/or its related parties (“GAMERS HUNTER”); the one who is the lawful or authorized holder to commercialize the website, the software, the applications and other offers made by “GAMERS HUNTER”, (collectively, the “Platform”), domiciled at Perseo no. 107, Estrella Norte y Sur neighborhood, Monterrey, Nuevo Leon, Mexico, zip code 64102 (the “address”), electronic address https://gamershunter.com/ (the “Site”) and with contact e-mail address firstname.lastname@example.org (the “E-mail”); and the physical and/or moral person who can access to it. The use of the “Platform”, by any person, attributes the quality of Client (the “Client”) and that implies that he/she fully and unconditionally adheres to these Terms.
Through the acceptance of these “Terms”, the access and use of the Services are regulated and they are the ones that establishes a contractual relationship between the "Client" and "GAMERS HUNTER". If the "Client" does not accept these Terms and Conditions, he/she may not access or use the Services. These "Terms" expressly supersede any prior agreements or commitments entered into between the parties.
"GAMERS HUNTER" may immediately put an end to these "Terms" or any of the Services with respect to "Client" or in general cease to offer or deny access to the Services or any part of it, at any time and for any reason unilaterally.
"The Platform" is an e-commerce tool that allows "Game Users" to search, buy and pay for products, services and experiences ("Content") advertised, offered and sold by "Merchants", through the distribution channel provided by "Game Developers". All the information about the "Content" is provided by the "Merchants" or by people linked directly or indirectly to them. Thus, "GAMERS HUNTER" only facilitates the commercial relationship between the "Merchants" and the "Game Users".
2. REGISTRATION AND ACCESS TO THE PLATFORM
In order to use the services offered by the "Platform", you must create and register an account. Registration is only allowed for natural people over 18 years old. For registration, you must complete the registration form with the required data. By completing it, you undertake to do so in an accurate, precise and true way and to keep your data always updated. The person in charge of registering the account will be solely responsible for the accuracy of his or her registration data. Without prejudice to the information provided in the form, "GAMERS HUNTER" may request and/or consult additional information to corroborate the identity of the person using the account.
The account is personal, unique and non-transferable, under no circumstances may it be sold or transferred to another person. The account holder is responsible for maintaining the confidentiality and security of his account credentials and may not disclose them to any third party. You are also responsible for activities conducted through your account and must notify "GAMERS HUNTER" immediately if you suspect that your credentials have been lost, stolen or otherwise compromised.
"GAMERS HUNTER" may reject a registration request or cancel a registration already accepted, without this giving rise to a right to compensation. Those who have been previously disqualified may not register again on the "Platform."
3. DESCRIPTION OF THE CONTENT
The "Merchants" may put catalogs, lists and descriptions of the “Content” at the “Game Users´ disposal”. All the "Content" advertised and sold through the "Platform" must have all the respective information, characteristics, as well as a brief description of it. The publications of the "Content" may have photographs, graphics, images and other content in order to exemplify its use; the purpose of which is that the "Game User" could have a clearer image of the "Content" as well as to illustrate the consumption of the same, the color or colors that appear, as well as the visualization of the dimensions, which may vary considering the perspective in which the photograph was taken or the equipment quality where the "Platform" is entered. Therefore, we ask to read and verify the information, description and characteristics of the "Content" in order to know it with certainty and in detail.
4. AVAILABILITY OF THE CONTENT.
The "Content" of the "Merchants" will only be available on the "Platform". The availability depends directly on the "Merchants" that are external to the control of "GAMERS HUNTER". Notwithstanding the foregoing, the "Merchants" state their commitment to maintain, as far as possible, their catalogs and lists of "Content" and an inventory adequate to the demand of "Game Users", meeting their needs.
The amount due may be charged in national currency (Mexican pesos), in dollars or in the currency depending on whether the "Merchants" are local or foreign. In any case, whatever the billing currency, the rate or price will be the one that was informed to you. For international transactions, some banks and credit card companies impose certain charges. In addition, your bank may convert prices to the local currency and charge a conversion fee. It may happen that the exchange rate used by the bank is different from the one presented on the Platform. Therefore, “Game Users” may experience a variation between the amount charged by the bank and the amount reported on the Platform. The bank determines the exchange rate and the international transaction fee. If you have any doubt about the exchange rate and fee applied to your purchase, we suggest that you contact your bank.
6. PURCHASE OF THE CONTENT
Placing the “Order” for the “Content”, the "Game Users" agree to pay all charges for their purchase, including the price of the "Content", taxes, applicable fees, and other items identified during the payment process (collectively, the "Total Price"). Apart from these Terms, you will be subject to the particular terms and conditions of the "Merchants". Thus, we advise you to check them directly as you will be subject to them and will be responsible for complying with the terms of purchase, including, without limitation, the Cancellation Policy and any other rules, standards, or requirements identified in the "Content" or during the applicable purchase and payment process.
7. PAYMENT METHODS
The "Platform" offers different Payment Methods to make the payment of your "Order". In each case, according to the selected “Merchants”, the available payment options will be indicated.
Paying at "Establishment" "Game Users" have the possibility to pay the total amount of their "Order" in cash or with any other payment method accepted at the "Merchant Establishment" when collecting the "Content." The “Order” will be completed upon payment.
Paying by Credit or Debit Card. Under this payment method, "Game Users" agree that "GAMERS HUNTER" as the "Merchant's" limited collection agent will make the "Charges" in their Payment Method once they have completed their "Order" on the "Platform".
All "Charges" are immediately payable and the form of method will be provided by "GAMERS HUNTER" using the payment method indicated on your Account. If it is determined that the payment method on your primary Account has expired, is invalid or is otherwise unsuitable to charge you, you agree that "GAMERS HUNTER", as "Merchant's" limited collection agent, will use a secondary payment method on your Account, if available.
8. PAYMENTS AND FEES
When you make your purchase, the "Payment Processors" that make the charges and debit your debit or credit card may be: (1) PayPal, (2) STRIPE, (3) Mercado Pago, or other associated entities that are instructed by "GAMERS HUNTER" for this purpose.
Some banks and card companies impose fees for international transactions. Each Financial Institution may convert the amount payable to the local currency and charge a conversion rate. In addition, the exchange rate used by the bank may be different from the rate shown in our currency converter. This means that the amount entered on the credit or debit card statement may be in your local currency and be a different amount than the amount shown on the payment summary page for a reservation made on the "Platform". The exchange rate and international transaction fee are determined solely by your bank on the day the transaction is processed. If you have any questions about these charges or the exchange rate used for your reservation, please contact your bank.
When you make the selection of your "Content", you will be provided with the options you have for the delivery of your "Order", or to be collected in any of the places established for that purpose, if applicable. Some of the options may have an additional cost, which will be clearly informed before concluding the transaction. The "Merchants" will be solely responsible for the delivery of the "Content".
Contractual Use of the Application. Under these Terms, "GAMERS HUNTER" authorizes and grants the use and enjoyment of 1 (one) license to use the "Platform" for personal use, which involves the registration and access to it. Such grant is made under the modality "as is", temporary and in a non-exclusive, non-marketable and non-sublicensable way, for the use of the Products offered.
Of the information Requested. The Clients acknowledge and agree that, in order to fulfill the purpose of the "Platform", it will be necessary for "GAMERS HUNTER" to collect personal data and sensitive personal data, in order to include it in formats, lists, databases or other physical, digital and/or electronic means, to carry out the proper registration and offer the Services. “GAMERS HUNTER" is not responsible for the consequences that may arise from the omission, conscious or unconscious, made by Customers in this regard.
Thus, by accepting these Terms, the clients expressly waive the right to file any type of claim, demand, trial or legal proceeding before any Mexican or foreign authority against "GAMERS HUNTER" as well as any person related and/or affiliated to "GAMERS HUNTER", including, without limitation, directors, attorneys, representatives, administrators, employees, shareholders and/or agents, present or former, for any act that derives, or may derive, from the use of the "Platform" and the Services, or any service derived from such use.
Personal Information. In compliance with the terms provided in the Federal Law of Protection of Personal Data in the Possession of Private Parties, “GAMERS HUNTER”, as responsible for the processing of their personal data, informs the “Clients” that the information that the “Clients” provide for the use of this “Platform” will be treated in accordance with what is indicated in the Privacy Notice contained on the “Platform”. In order to use or enjoy some of the Contents, it is necessary that the “Clients” previously provide “GAMERS HUNTER” with certain personal data (“Personal Data”).
Through the access to the "Platform", or any of the contents in which Personal Data is required, the "Clients" are authorizing "GAMERS HUNTER" to carry out analysis and studies based on them. The "Clients" commit themselves to provide true and reliable Personal Data. In case the “Clients” provide false or misleading information, "GAMERS HUNTER" assumes no responsibility for the consequences of such acts, having the power to deny access to the "Platform" and its contents, without prejudice to the possibility of requiring compensation as may be appropriate.
Use of Data and Information. All the information that is provided by the “Clients”, during their access to the “Platform”, is kept strictly confidential and will be handled only by internal staff of “GAMERS HUNTER”. Just as referred to in the Privacy Notice, the Personal Data of the “Clients” may find, as primary and secondary purpose, the promotion of services, for which the “Clients”, in this act, authorize and express their acceptance in the use of their data for statistical, promotional and marketing purposes
Just as stated in the Privacy Notice, the Personal Data of the "Clients" may find, as primary or secondary purpose, the promotion of services, through which the "Clients", in this act, authorize and express its acceptance in the use of their data for statistical, promotional and marketing purposes as well as any other established in this document or in the aforementioned Privacy Notice.
The information provided by the "Clients" on the "Platform", real or historical, is processed and ordered, to generate data indicators, which "GAMERS HUNTER" may use to make decisions relevant to your business, always in a statistically and not individualized way. The "Clients", in this act, authorize "GAMERS HUNTER" to access the information provided and generated on the "Platform", in terms of the present document and the Privacy Notice.
Responsibility and Quality in the Provision of Services. The “Clients” acknowledge that the "Platform" is a technological tool that is a means for the "Clients" to develop a specific activity. Therefore, they accept that "GAMERS HUNTER" does not guarantee the quality, suitability and/or availability of the services provided or requested through the use of the “Application" and/or through its use. The "Clients" expressly acknowledge and accept any and all risks arising from the use of the "Platform", releasing "GAMERS HUNTER" from any present or future liability that may arise. In this sense, "GAMERS HUNTER" shall not be liable to "Clients", or any person related to this, for any type of damage or claim arising from deficiencies in the Services, or for any error, omission and/or falsehood in the information provided by "Clients", either through the "Platform" or any other means.
Electronic Device Compatibility. The “Clients” will be responsible for obtaining devices or hardware that are compatible with the "Platform" and the Services, since "GAMERS HUNTER" does not guarantee that they will work correctly on any device. In the same way, the “Clients” agree not to use devices, software, or any other means that tends to interfere in the activities and/or operations of the Services or on the “Platform” or in the databases. Likewise, the "Clients" agree not to use devices, software or any other means tending to interfere in the activities and/or operations of the Services or on the "Platform" or in the databases and/or information contained therein.
Maintenance of the “Platform”. In order to carry out maintenance work, "GAMERS HUNTER" reserves the right to suspend access and/or modify the Content as well as to remove or disable access to the "Platform" or the Services, without prior notice. Access to the "Platform" and the Services depends on the availability of the network that the "Clients" have. Therefore, "GAMERS HUNTER" will not be responsible for any inability to access the same, deriving from circumstances beyond the control of "GAMERS HUNTER" as well as fortuitous event or force majeure. When “GAMERS HUNTER” deems this to be necessary for the proper functioning of the “Platform”, it may make patches, updates, bug fixes and minor improvements to the "Platform".
Support. "GAMERS HUNTER" offers "Clients” the service of technical support and basic guidance for the use of the tools and functionalities of the "Platform", which may be via online chat, e-mail, or any other means that "GAMERS HUNTER" considers to be convenient and feasible, in the indefinite schedules that in the same way was designated for that purpose, by prior notice. There will be no additional cost for this service. Likewise, the “Clients” who have asked for the support accept and authorize “GAMERS HUNTER” to have full access to all the information provided on the “Platform”, without any limitation. In this sense and for the benefit of the “Clients”, "GAMERS HUNTER" commit itself to keeping full secrecy and confidentiality concerning the information to which it has access.
Industrial Property and Copyright. “GAMERS HUNTER" authorizes the "Clients" to use the "Platform", exclusively under the terms expressed herein, without implying that it grants the "Clients" any license or authorization, or any type of right other than the aforementioned, regarding the Industrial Property and Copyright of "GAMERS HUNTER", understanding as such: all trademarks registered and/or used in Mexico or abroad by "GAMERS HUNTER"; all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, trade secrets, trade notices, reservations of rights, domain names, as well as all kinds of economic rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or that may be recognized by the corresponding laws.
The “Clients” acknowledge and agree that “GAMERS HUNTER” is the rightful owner of, or has the necessary rights to, the “Platform”, including the trade names of “GAMERS HUNTER”, trademarks, service marks, logos, domain names and other distinctive characteristics of the brand contained therein (the ‘trademarks of “GAMERS HUNTER”’), regardless of the fact that those rights are registered or not, and of any place in the world where such rights may exist and be protected by the laws and international treaties on industrial property and copyright. For all that, the “Clients” accept the fact that the trademarks of “GAMERS HUNTER” may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way. In the absence of any explicit statement to the contrary, “GAMERS HUNTER” does not grant “Clients” any express or implied rights under patents, copyrights, trademarks or trade secret information. The “Clients” acknowledge and agree that the "Platform", as well as all designs thereof, are and will be the property of "GAMERS HUNTER" at all times.
Feedback. In case that "Customers" provide any feedback to "GAMERS HUNTER" as regards the functionality and performance of the "Platform" (including identification of possible errors and improvements), in this act, the “Clients” authorize a “GAMERS HUNTER” to make use, without restriction, of all rights, titles and interests on the feedback expressed. In the light of the foregoing, without this being considered as a moral right of "Clients" to require any participation or monetary compensation, or restriction on the use of such co for exploitation by "GAMERS HUNTER".
Other Provisions. The "Clients" accept that a printed version of these Terms, and of any communication sent and/or received in electronic form, shall be admissible as evidence in any judicial and/or administrative proceeding.
Modification and Updating of the Terms and Conditions of Use of the "Platform". "GAMERS HUNTER" reserves the right, at any time, to modify and/or update unilaterally and without prior notice the terms and conditions of use of the "Platform", with the obligation to publish a message on the "Platform" notifying the "Clients" that certain modifications to the Terms have been made. In the event that the “Clients” do not agree with the modifications made, they may send a request for cancellation and termination of their account on the "Platform", to the e-mail. "GAMERS HUNTER" pledge to make effective the cancellation of the account within 30 (thirty) calendar days from the date of receipt of the request of the "Clients".
Likewise, “GAMERS HUNTER” reserves the right, at any time and without prior notice, to remove or disable the access of “Clients” to the “Platform”. The "Clients" will always have the Terms in the "Platform" in a visible way, and freely accessible for as many queries as they wish to make. In any case, the acceptance of these Terms will be a previous and indispensable step to the acquisition of any Service.
Severability. In case that any term, condition or clause contained in these Terms is determined to be ineffective, illegal or unenforceable, it may be excluded from the body hereof and the remainder will continue in full force and effect to the fullest extent permitted by law.
Divisibilidad. En caso de que cualquier término, condición o estipulación contenida en estos Términos se determine ineficaz, ilegal o sin efecto, el mismo podrá ser excluido del cuerpo del presente y el restante continuará en vigor y efecto en forma tan amplia como en derecho proceda.
Applicable Law and Jurisdiction. In all matters relating to the interpretation and performance hereof, the Parties agree to submit to the federal legislation of Mexico and to the jurisdiction of the competent courts in Mexico City, waiving any other jurisdiction that, by reason of their present or future domiciles, may correspond to them.
Digital, Electronic or Online Format. The Parties agree that the form to perfect the agreement of wills between them is the Digital, Electronic or Online format, where it will be enough to express their will by means of the acceptance of the present Terms, as well as to provide the personal data and banking information on the "Platform" or in the different applications of the licensors, without the need to sign any document.
Acceptance of the Terms. By means of the access, subscription and use of the "Platform", the "Clients" acknowledge that the Services and/or Content or derivatives, manifest their full and unreserved acceptance and, thus, their adherence to the version of the Terms published at the moment they access the "Platform", in terms of the provisions of articles 1803 and 1834 bis of the Federal Civil Code, as well as articles 80, 81, 89 and other relative and applicable articles of the Commercial Code and applicable law for Mexico. It is the sole and exclusive responsibility of the "Clients" to previously read these Terms and their corresponding modifications each time they access the "Platform" Application. If, at any time, the “Clients” do not agree with the terms of this document either in full or in part, they must immediately abstain from accessing and using the "Platform" and the Services provided. Thus, with the acceptance of the present Terms, the "Clients" expressly agree to be subject to them, entering into an agreement on the "Platform" usage with "GAMERS HUNTER". Therefore, they declare that they have read the contents of each and every one of the provisions and ratifies its contents.
Total Agreement. The "Clients" acknowledge and accept that "GAMERS HUNTER" put at their disposal all the information necessary to understand the scope and characteristics of the "Platform" and the Services. Likewise, they state that, prior to accessing the "Platform", have analyzed the characteristics of this and, consequently, agree with them.
Date of first issue: June 23, 2022.
Date of last update: June 23, 2022.