Gamepay End User License Agreement

1. Introduction

Welcome to Gamepay. By purchasing or using the intangible goods and services (described in this Gamepay End User License Agreement (“Agreement”)), you (“User” or “you”) agree to be bound by the rules and guidelines set forth herein, which constitute a binding legal agreement between you and Gamepay. If you do not agree with the terms of agreement, you are not authorized to purchase the digital products.

2. Overview of Digital Products

A “Digital Product” means a downloadable or digital game, virtual good or service, virtual currency, other in-game items, electronic serial numbers, codes or password giving certain rights to games, gameplay, virtual worlds and social networks (“ESN”), as applicable, which Gamepay has been authorized by games or other content publishers (“Publishers”) to offer to Users for purchase.

Words “Sell”, “sale” or “buy”, “purchase” are solely related to the transfer of license rights in Digital Products in accordance with this Agreement. Users do not acquire ownership of Digital Products, but only the right to use them in accordance with the present Agreement and applicable agreement between User and the relevant Publisher (the “Publisher Agreement”).

3. Grant of License.

  • Gamepay grants you the right to use, reproduce, display and perform, as applicable, the Digital Product provided you comply with all terms and conditions of this Agreement, applicable Publisher Agreement and copyright laws of the country in which the Digital Product was created or from which it may be accessed, international treaties and conventions, and other laws.
  • Gamepay and Publishers reserve any and all rights not expressly granted to you in this Agreement. You agree to refrain from any action that would diminish such rights or would call them into question.

4. Description of other rights and limitations

  • Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Digital Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
  • Restrictions. You may not sublicense, assign or transfer the license to Digital Product except as expressly provided in this Agreement and applicable Publisher Agreement.

5. Payment terms

  • The final cost of Digital Product is determined depending on the payment method chosen by you and will be brought to your attention after such payment method is chosen.
  • All purchases of Digital Products require a valid debit/credit card or other payment instrument that is required and accepted by Gamepay in its sole discretion.
  • You claim and warrant that your use of a credit card or other payment instrument is authorized and that all information that you submit to Gamepay or its payment processor is true and accurate; you agree to pay all fees you incur and taxes if applicable. Gamepay is not liable for damage of any kind arising from your submission of any information that is deemed to be untrue or is inaccurate.
  • All purchases are final; there are no refunds or cancellations of payments made except for the situation of a payment refusal.
  • Notwithstanding the foregoing, Gamepay has the right to refuse any payment in its sole discretion without giving explanation.
  • The minimum and maximum limits of payment may be applied at the discretion of Gamepay based on its experience with a particular User and other considerations (purchase algorithms) that Gamepay applies to transactions.
  • Payment processing, as well as a refund due to payment refusal, may take some time. Gamepay has no responsibility for any losses arising out of delays in payment processing and refund due to the payment refusal.

6. User Minimum Requirements and Obligations

Upon entering into this agreement, you represent that you are of the legal age in your state, province, or jurisdiction of residence. You agree that you will purchase Digital Product using your own User name, and not try to impersonate any other User or hide your identity from Gamepay.

7. Warranty Disclaimer

To the maximum extent permitted by applicable law, gamepay provides the digital product “AS IS” and as submitted by the relevant publisher and with all faults, and hereby disclaim all other warranties and conditions, either expressed, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, and of lack of viruses all with regard to the digital product. No oral or written information or advice given by Gamepay or Gamepay authorized representative shall create a warranty. Some states / jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.

8. Liability Limitation

In no event shall Gamepay, its licensor(s) and each of our and their respective officers, directors, employees, and agents, be liable to you or to any third party: (i) for any lost profits or lost data or special, incidental, indirect, punitive or consequential damages (however arising, including negligence) arising out of or related to the purchase or use of Digital Product, even if Gamepay has been advised of the possibility of such damages or loss; (ii) for any misrepresentation or fraud with respect to Digital Products; (iii) for any loss or damages caused to any Digital Products as a result of any action or omission of a Publisher; or (iv) for any amount in excess of (a) US $150 or (b) the amounts paid by you to Gamepay in the twelve (12) months preceding any claim by you having arisen, whichever is less. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you. You also may have other legal rights that vary from jurisdiction to jurisdiction.

9. Governing Law

This Agreement and its interpretation, and any disputes that arise hereunder, shall be governed in all respects by the laws of England and Wales, without giving effect to any principles that may provide for the application of the law of another jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

10. Disputes

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.

11. Indemnification

You agree to indemnify, defend, and hold harmless Gamepay, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, licensors, partners, contractors, agents from and against any loss, claim, damage, cost, liability and expense (including attorney’s fees and costs and auditor’s fees) arising out of or in connection with your violation of this Agreement, or arising out of a claim by any other User, Publisher or any other third party related to any action or omission by you.

12. Term and Termination

This Agreement is effective until terminated. You may terminate this Agreement at any time upon notice to Gamepay. Gamepay has the right at any time, for any reason or no reason to terminate this Agreement without any further liability to you. Upon termination of this Agreement, Sections 3, 7-11 and 13 will survive.

13. General provisions

Gamepay may give notice to you by means of a general notice to you on Gamepay’s relevant website, electronic mail to your e-mail address notified by you to Gamepay. All legal notices given by you or required under this Agreement shall be mailed to: GFT GLOBE FINTECH LIMITED, The Black Church, St. Mary's Place, Dublin, D07 P4AX.

Contacting us

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