Terms and Conditions

1. General Provisions

1.1. These Terms and Conditions together with Privacy Notice and any other Platform’s documentation are intended to provide information on Driffle, provide to Users and Vendors the rules on acceptable behaviour on the Platform and to establish basic guidelines for persons dealing through the Platform.

1.2. Platform is an online venue that provides video game enthusiasts with a safe space to connect and purchase various gaming related content, offered by Vendors participating within the Platform.

1.3. Please note that the Platform is not an online shop, but an online marketplace and all the transactions are being conducted between Users and Vendors while Driffle, unless expressly provided otherwise, does not engage either in selling or purchasing of digital content.

1.4.1. Sales carried out through the Platform are made between the respective Users, or between Users and Vendors while Driffle only provides secondary services related to establishing and maintaining the Platform and providing additional services related to ensuring a smooth and safe experience for Users and Vendors;

1.4.2. these Terms and Conditions set out contractual relationships between Driffle and Users, and between Driffle and Vendors in relation to Driffle administering the Platform;

1.4.3. these Terms and Conditions do not govern relationships between Users, or between Users and Vendors;

1.4.4. these Terms and Conditions do not govern the terms of use for receiving and making payments through the Platform. Please note that Driffle utilises payment services from prominent payment partners to assist in transactions made between Users, or between Users and Vendors.

2. Definitions

Account – an account which gives a possibility for the User or the Vendor to use Services provided in the Platform and get all of the benefits from it.

Digital Content – digital content which has the activation code and can only be used after it is activated on the User’s computer platform or other digital content offered for purchase by Vendors via the Platform.

Driffle – UAB Driffle, with its registered office at Vilnius, Naugarduko g. 3-401, 03231, Lithuania.

Platform – this platform which is made available on the Internet under the address: https://driffle.com/

Privacy Notice – rules that set personal data and privacy protection processes that are applied by Driffle.

Sales Contract – any contract between the User and the Vendor which obliges the Vendor to transfer the access to the Digital Content to the User and the User to pay the price thereof.

Service – one of the services which are provided by Driffle as described in these Terms and Conditions.

Terms and Conditions – this set of rules that determines the rights and obligations of Users, Vendors and Driffle and the terms regulating the use of the Platform.

User – a natural person who acts in relation to these Terms and Conditions for the purposes other than their trade, business, craft, or profession (i.e., consumer), and has registered an Account on the Platform and (or) has an intention to purchase Digital Content by using Services provided by Driffle.

Vendor – an entrepreneur operating in any form who sells Digital Content to Users via the Platform.

3. Applicability of these Terms and Conditions

3.1. Users and Vendors hereby agree to and accept these Terms and Conditions, including the Privacy Notice, in its entirety and without any reservations. Acceptance of these Terms and Conditions is a necessary condition for rendering Services.

3.2. For avoidance of doubt, these Terms and Conditions are also applicable to any anonymous users that enter the Platform and by entering, such persons accept these Terms and Conditions, Privacy Notice and any other Platform’s documentation.

3.3. Users who are prohibited from using the Platform due to regulations of the respective state or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Platform.

3.4. Each User confirms that they are at least 16 (sixteen) years old or have reached the age under respective country’s laws which allows them to assume responsibility for obligations emerging from contractual relations and has a full capacity to take legal actions. Also, each User confirms that there are no restrictions under respective country’s laws for them to use Services provided by Driffle.

3.5. Each Vendor confirms that they are an entrepreneur and accept these Terms and Conditions. Each Vendor hereby states that there are no factual or legal grounds preventing them from accepting these Terms and Conditions and concluding Sales Contracts with the Users via the Platform aimed at the sale of Digital Content to the Users.

3.6. Driffle has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of the Terms and Conditions on the Platform. By further using of the Platform and the Services, Users and Vendors confirm being bound by all changes to these Terms and Conditions. The amendments of the Terms and Conditions come into effect in 10 (ten) days after the announcement on the Platform unless it is explicitly stated otherwise. Vendors shall be informed about changes to the Terms and Conditions which affect Vendor and Driffle relationship at least 15 days before these changes go into effect via email. Vendors shall have the right to unilaterally terminate their agreement with Driffle upon receipt of the notice of these changes by contacting business@driffle.com. If the Vendor continues using the Platform after the notice period expires, they will be deemed as accepted for the changes to the Terms and Conditions.

3.7. Users and Vendors may enter into additional separate agreements with Driffle. In case of any conflict between the provisions of these Terms and Conditions and such additional agreements, the provisions of additional agreements shall prevail unless explicitly provided otherwise in the said additional agreements.

3.8. Driffle communicates with Users and Vendors by sending e-mails, through the Platform Account’s electronic system by leaving notices to them, or through distribution of notices via communication channels within other services. Users and Vendors unconditionally consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that Driffle electronically provides shall meet any legal requirements of such communication in writing.

4. Service Fees

4.1. Unless expressly provided otherwise, Driffle collects its commission and any other possible fees from the prices determined by the Vendor in relation to each transaction. During the process of creating an auction a Vendor is provided with all the information on commissions and other fees which the Vendor is subject to in relation to listing a particular auction with the Platform.

4.2. Using the Platform, creating an Account and buying Digital Content through the Platform is free of charge for the Users. Driffle’s commission is collected from the sale price of Digital Content specified by the Vendor. However, Users may be charged for additional services contracted from Driffle via the Platform. To the amount of the fees for such additional services

4.3. Users and Vendors are solely responsible for paying fees and taxes relating to their use of Services available on the Platform. Users and Vendors are particularly responsible for paying due taxes, fees or other due amounts required in connection to the contracts entered into via the Platform on their own. In any case Driffle shall not be responsible for settling such fees and taxes. If a certain payment method shall fail or an invoice is overdue, Driffle reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.

4.4. Whenever Driffle provides Services to any person who is considered to be an entrepreneur, such person acknowledges and agrees to account for any due Goods and Services Tax (GST), VAT, Sales Tax or any similar tax via the applicable reverse charge mechanism.

5. Subscription Disclaimer

5.1. We want to make it explicitly clear that we do not provide subscription-based services on any of our products. Our business model revolves around the sale of digital games online. When you make a purchase on our platform, you are acquiring a digital game, and no ongoing subscription or recurring charges are associated with our products.

5.2. All transactions on our website are one-time purchases. This means that when you buy a digital game, you pay for it once, and you have permanent access to the purchased content. There are no hidden or recurring fees related to the games available on our platform.

5.3. As we do not offer subscription services, we will not store or process your billing information beyond the necessary details required for the specific transaction. Your financial data is handled securely and in accordance with applicable laws and regulations.

6. Accounts

6.1. A person who wants to access all Services provided on the Platform must register and create an Account. However, an Account is not necessary in order to purchase Digital Content via the Platform. Registration proceeds by filling in all the necessary information into a registration form which can be found on the Platform. The person will be asked to submit their username, email address, password and other information. In order to complete registration, the person will have to accept Terms and Conditions and Privacy Notice and any other Platform documentation, if any. Failure to provide any information which, in the sole discretion of Driffle, is required in order to verify any such new User (regardless if such information is expressly indicated in these Terms and Conditions), may be considered as grounds for refusal to proceed with the registration and (or) grounds for suspending or terminating registered Account.

6.2. Each User is obliged to disclose their place of residence. Users are hereby informed that Driffle may use tools to detect the localization of computer network devices (and the connection) as regards the country of origin from which the registration is performed. Driffle may refuse to set-up the Account or suspend or terminate such in case the place of residence indicated by the User differs from the results of verification made by Driffle, in particular by localization of computer network devices (and the connection), as regard the country of origin from which the Platform is accessed. Each User is entitled to set up only one account, unless expressly agreed otherwise on a case-by-case basis. For avoidance of doubt, Users must not use VPN connection during the use of Platform, unless expressly agreed otherwise on a case-by-case basis.

6.3. Following correct registration on the Platform by the User, they are provided with an access to the full functionality of the Platform after entering their login and password.

6.4. Registration on the Platform by the User is equivalent to such person having read, understood and accepted these Terms and Conditions in full, including the Privacy Notice and any other Platform’s documentation, and having consented to the processing by Driffle now and in the future, of personal data transferred to Driffle during the Platform registration process. Regardless of the abovementioned, a person who has not registered with the Platform and has not obtained an Account, is also regarded as having accepted these Terms and Conditions, the Privacy Notice and any other Platform’s documentation, from the moment they choose to use any of the functionalities of the Platform.

6.5. At any time if Driffle believes that the Account is at high risk of causing damage to any person, Driffle has all the rights to suspend the use of the Account by restricting access logging into the Account, withholding transactions, etc. After the risk is eliminated (in the sole discretion of Driffle), Driffle shall reactivate the Account. In the situation where the manager of an Account violates law or these Terms and Conditions, Driffle has the right to terminate the Account. Driffle shall be entitled to suspend or terminate the use of the Account provided that in the opinion of Driffle any other circumstances occur which may result in risk to any person or breach of laws.

6.6. Users are responsible for reasonable care of their Account and they must ensure that their e-mail address is up to date. Driffle is not responsible for situations where Users do not receive information because of their negligence.

6.7. In the situation where Driffle decides that the Platform must be modernised or it is having technical problems, Drriffle has the right to restrict the possibility of logging into Accounts or using respective Services or even general access to the Platform.

6.8. Users acknowledge that giving away login details of their Account to another person could cause damage to Driffle or third persons. Users are liable for securing that type of information and in the case where they fail to ensure that, Users are responsible for eliminating all caused damage.

6.9. The Account is made available to the User by Driffle free of charge and allows them to use the Services offered through the Platform, which is possible from any place in the world via the Internet network.

6.10. Services (or any other functionalities incorporated into the Platform) may differ between different countries or regions. Driffle does not provide any guarantee to the effect that a service or functionality of a certain type or reach will be available for all Users. Driffle reserves the right to restrict, decline or create another level of access relating to the use of Services (or any other functionality incorporated into the Platform) for different individual Users.

6.11. The Account of the Vendor may also be suspended or terminated if it is noticed that the Digital Content put on sale violates third party intellectual property rights or had already been used.

6.12. Users and Vendors shall not use other Accounts and will not make their Accounts available to other Users or any third parties. The above shall not apply to the Vendors’ making their Account available to the persons duly authorised to act on their behalf as well as their employees, authorised by the Vendor to use the Account. To the extent permitted by law, Driffle shall be exempted from any liability against Users and Vendors related to such violating this provision. For avoidance of doubt, Users and Vendors shall assume all liability for actions and outcomes of actions of persons whom they provided with the access to their Account.

6.13. Both Users and Vendors are obliged to keep their registration data up-to-date and swiftly inform Driffle on any changes of such data.

7. Terms and Conditions of Use

7.1. In accordance with these Terms and Conditions, Driffle grants Users a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services provided by Driffle . Such licence is strictly limited to functionalities of the Platform and does not extend to any licences to Digital Content (including game activation codes offered by Vendors via the Platform). For avoidance of doubt any licences to Digital Content may only be granted upon discretion of their owners or other authorised persons.

7.2. Users are bound not to abuse Driffle Services and only use it as it is established by law and these Terms and Conditions. Inappropriate use of Services could cause negative effects to Driffle or third persons and if Users violate the terms of use of Services, they are responsible for eliminating all caused damage.

7.3. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by Driffle or their owners, licensors, suppliers, publishers or other authorised persons.

7.4. Any intellectual property objects such as any texts, graphic materials, interactive functions, logos, photographs, files, software on the Platform, except for those uploaded, transmitted, made available, published by Users and Vendors, as well as the selection, organisation, coordination, compilation of the materials and the general outline and nature of the Platform constitute intellectual property of Driffle. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights. Any such rights are reserved for Driffle. Any trademarks, marks and trade names constitute Driffle property.

7.5. Unless with written express Driffle consent, neither Users nor Vendors are allowed to: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Platform nor use them otherwise. It is forbidden to retrieve the Platform content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without express written permission of Driffle. The use of any content or materials available on the Platform for purposes not specified in the Terms and Conditions is prohibited, especially any use, publication, copying in any form – whether electronic, mechanical, photographic or other (All Rights Reserved).

7.6. Users are obliged to read and accept Terms and Conditions and Privacy Notice, as well as any other Platform’s documentation, in order to ensure the protection of their personal data uploaded through the Platform. By using the Site, each User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy Notice.

7.7. Driffle is allowed to provide Users hyperlinks on the Platform (i.e., banners, channels) with access to the content, products or services offered by other providers leading them to the websites of such providers. Driffle is not liable for the certainty, accuracy or trustworthiness of information submitted by mentioned providers. Driffle recommends reading all documents on sites of such providers. Users acknowledge that Driffle has no control of these providers actions.

7.8. Users and Vendors including, but not limited to, confirm and state that they:

7.8.1. will not publish any improper or faulty information which may be harmful to Driffle, other Users, Vendors or third persons;

7.8.2. will not upload or spread any information on the Platform which could violate laws, contractual agreements or third persons’ rights. Such potentially sensitive information could be copyrighted material, personal data, trade secrets and other;

7.8.3. will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other User’s or Vendor’s Accounts, nor provide any false information which could mislead Driffle, other Users or Vendors;

7.8.4. will not attempt to hack, modify, disable or affect in any other way the Platform or challenge its security;

7.8.5. will not use the Platform for any other purposes than as it is intended to be used considering the purposes of Driffle Services;

7.8.6. will not try to collect any personal data which is being held at the Platform system without the consent of particular data subject and will not offend or deceive other Users or Vendors;

7.8.7. will not use the Platform for any illegal purposes or for violating any laws, including provisions relating to copyright, intellectual property rights and other property rights protection;

7.8.8. will not try to interfere with the Platform’s activity or prohibit other Users or Vendors from using the Platform (or making it difficult to use);