User Agreement

Last Updated: June 6th 2023

Introduction

Our Marketplace is an online platform that allows users to offer, sell, and acquire virtual in-game items called ‘skins’ to be used in electronic video games in various geographic locations. Users determine their pricing formats at their sole discretion. We are not a party to the contract of sale between third-party seller and buyer and we are not acting as auctioneer.

Any guidance that you may find on our Marketplace on how to buy, sell, trade, list or price virtual in-game items is solely for your information and ease of reference. You are solely responsible for any decisions or actions you take on the Marketplace. We have no control over and do not guarantee the existence, quality or legality of items advertised on our Marketplace by users, nor do we control or guarantee the users’ content or listings and the ability of sellers to pay or buyers to acquire items.

By using our Marketplace and our Services you are contracting with us. This Agreement and any policies posted on our Marketplace, set out the Terms and Conditions on which we offer you access to use the Marketplace and our Services.

This Marketplace is solely owned and operated by Shooriboom Holdings Ltd, a company registered in Cyprus under registration number HE437847, with its office address at 12 Mykinon street, office 41, 1065, Nicosia, Cyprus.

This Agreement sets out:

·         your legal rights and responsibilities;

·         our legal rights and responsibilities; and

·         certain key information required under applicable law.

Please read this Agreement carefully.

If you have any questions about this Agreement or need to file a complaint for any acquisitions you have made, please contact us at [email protected].

Section 1 – Definitions and Interpretation

1.1.     Definitions

In this Agreement, the following definitions are used:

o    “Agreement” means this user agreement which adopts the Terms and Conditions;

o    “AML & KYC Procedures” means the process ensuring compliance with applicable Anti-Money Laundering and Anti-Terrorist Financing legislation in the European Union and Know-Your-Client procedures;

o    “Business day” means any day other than Saturdays, Sundays, and public holidays in Cyprus;

o     “Company” or “we” or “us” means Shooriboom Holdings Ltd, a limited liability company, with its office address at 12 Mykinon street, office 41, 1065, Nicosia, Cyprus, being the sole proprietary owner of the Marketplace;

o    “Intellectual Property Rights” means copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case: whether registered or not; including any applications to protect or register such rights; including all renewals and extensions of such rights or applications; whether vested, contingent or future; and wherever existing;

o    “Marketplace” means the Company Marketplace found on https://cs.deals;

o    “Service” or “Services” means the access given to users to use the Marketplace operated by the Company, where users can offer for sale and/or acquire and/or trade virtual in-game items called ‘skins’ to be used in electronic video games;

o    “Steam Account” means your Steam account provided by the Valve Corporation;

o    “Terms and Conditions” means the terms and conditions of this Marketplace as amended, replaced and/or substituted from time to time, which form the integral part of the Agreement;

o    “User” or “you” means any person or enterprise using the Marketplace and/or concluding legal transactions with other users via the Marketplace;

o    “User Account” means your account where you sign on and register to use and have access to Marketplace and/or the Services; and

o    “Valve” means Valve Corporation.

1.2.       Interpretation

1.2.1.  a reference to this Agreement includes any policies as indicated herein (if any);

1.2.2.  words in the singular include the plural and vice versa;

1.2.3.  references to sections, sub-sections and paragraphs are to sections or sub-sections or paragraphs of this Agreement;

1.2.4.  any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

1.2.5.  an obligation not to do something includes an obligation not to cause or allow that thing to be done;

1.2.6.  references to ‘agreement’ mean any agreement or commitment whether conditional or unconditional and whether by deed, under hand, oral or otherwise;

1.2.7.  a reference to legislation is a reference to that legislation as in force at the date of this Agreement or amended, extended, re-enacted or consolidated from time to time, except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under this Agreement.

Section 2 – Acceptance of this Agreement

2.1.      These Terms and Conditions set out your rights and responsibilities and constitute a legally binding agreement made between you, whether personally or on behalf of an entity and the Company, so please read them carefully.

2.2.      By using the Marketplace, you are confirming that you have read, understood and accepted these Terms and Conditions in full. If you do not agree with any of these Terms and Conditions, you may not use the Marketplace and/or any Service and must discontinue the use immediately. If you violate any of these terms, we reserve the right, in our absolute discretion, to suspend your account temporarily or permanently.

2.3.      In order to enter into this agreement and use the Marketplace and/or any Service, you must be of legal age (at least 18 years old) and capable of forming a binding contract and not be otherwise barred from doing so under applicable laws. Adolescents over the age of 16 may only use the Service through an account in the name of and created by a parent or legal guardian and under their direct supervision, where the parent or legal guardian shall be solely responsible for monitoring the use of his or her user account by such minor. All personal details required to register an account and complete transactions will be under the parent or legal guardian’s name and you as a parent or legal guardian warrant that you are solely responsible for use of this user account by the minor. We shall make all reasonable efforts to verify the age of users and may request additional information from a user in the event of doubts as to their age. We reserve the right to require appropriate proof to enable activation of a user account.

2.4.      You confirm that you possess the relevant experience and knowledge necessary to use and/or sell virtual items and/or pay for such items by means of cryptocurrency. More specifically, you should ensure that you have a good understanding of how they work and acknowledge the risks surrounding them.

2.5.      By accepting these Terms and Conditions you consent to receive communications from us electronically (such as by email). This may include notices about your account use (such as warnings about the content you post, to effect changes in your account details, password recovery etc). We may send you promotional emails to inform you of any potential offers or news that we think you may find interesting. You may unsubscribe from these promotional emails at any time by following the instructions provided in the said email.

Section 3 – Online Marketplace

3.1.       The Marketplace provides an online platform through which users can sell and/or purchase and/or trade (between them) virtual in-game items called skins to be used in electronic video games. The users of the Marketplace may post offers for sale or for acquisition of the virtual in-game items and the transaction is managed via the Marketplace. We act as an intermediary (the merchant of record) and provide the Marketplace to users to conclude their transactions. We do not become a party to the agreement between the users when they engage in a sale transaction on the Marketplace. The contractual obligations in a sale transaction rest solely between the users. Subject to certain conditions detailed hereinbelow, users can also withdraw earnings from the sale of their items and exchange items.

3.2.       We do not manage or hold any user funds. We engage third-party service providers that provide you with regulated payment services and perform services related to payment transactions, including, card processing, credit top-ups, disbursements, currency exchange, identity identification, fraud analysis and regulatory compliance. We may be required to share your personal or transactional information with those third-party providers for regulatory compliance and to enable such providers to carry out payment processing.

3.3.       Our payment processor Adyen N.V., is a licensed company registered in Amsterdam under the number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands, providing payment services for the purpose of performing the transactions which are concluded on our online Marketplace, including, handling the processing of payments. Prior to payment processing, users shall carefully read and accept the terms and conditions of Adyen N.V. which will be pointed out to them and which are available at https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms. You will have the possibility to use the Adyen N.V. services enabling you to set-up a sub-merchant account with the ability to accept payments for any sales you make via the Marketplace, subject to meeting the requirements set by Adyen N.V.

3.4.       We reserve the right, where deemed necessary, at our sole discretion and without prior notice, to use any other third-party payment processor(s) or service provider(s) to provide the Services.

3.5.       You acknowledge and agree that we are your authorised representative towards Adyen N.V. or any other payment service provider(s) for the purposes of payment processing and as such are authorised to access and use your data processed by Adyen N.V. and/or any other payment service provider(s) for that purpose.

Section 4 – Account and Registration

4.        

4.1.       You will need to register and open a user account in order to use the Marketplace and/or any Service.  A user account is set up free of charge.

4.2.       In order to use the Service, you need to first log in via the Marketplace to your Steam account provided by Valve and create a user account. By creating a user account, you agree to be bound by these Terms and Conditions.

4.3.       We are not affiliated in any way with Valve and therefore you must also comply with their respective terms and conditions and policies. You agree that the terms and conditions of any respective Steam/Valve subscriber agreement and/or policies shall apply to you in all respects. Any warranties, rights, obligations or other contractual relationship you have with respect to your Steam account and Valve shall remain your sole responsibility and shall be in addition to these Terms and Conditions.

4.4.       You represent and warrant that all the data / information provided to register your account is true, accurate, current, and complete and relates to you and not a third party. You confirm that you will maintain the accuracy of such information and promptly update such information as necessary. Such information is subject to our Privacy Policy.

4.5.       If you provide any data / information that is untrue, inaccurate, not current or incomplete, we may temporarily or permanently suspend your account until you provide us with such information. Any changes to your data / information you have provided must be updated immediately in your user account.

4.6.       The Company reserves the right to refuse registration of persons who reside in countries that are sanctioned by the European Union.

4.7.       You acknowledge that you are solely responsible for all activities that occur on your user account or Steam account. The user account is non-transferable. It is not permitted to set up a user account on behalf of a third party or setting up several accounts for one user.

4.8.       You are responsible for making sure that your password and any other account details are kept secure and confidential. If you believe that a third party has access to your accounts, you must take the necessary measures to make your accounts available to you only and inform us of any unauthorised activity. You are also solely responsible for restricting access to your accounts. In all circumstances, you agree not to permit any third party to use or access the Service as your account is not transferable and may only be used by you.

4.9.       If we have reason to believe there might be a breach of security or misuse of the Marketplace through your user account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

4.10.    You can deactivate your account at any time by contacting us via email at [email protected] or through the “Contact us” functionality available at https://cs.deals/contact as indicated in section 15 below. We reserve the right and at our sole discretion to delete any user accounts that are not fully set up or remain unused over a continuous period of twelve months, without any liability or further obligation of any kind whatsoever to you or any other party, unless the user account is subsequently completed, or use is resumed.

4.11.    You confirm that you have experience and/or knowledge to deal with virtual items, have a full understanding of their nature and framework, and are aware of all the merits, risks, and any restrictions associated with virtual items, including their purchase and use, as well as the necessary and relevant expertise and knowledge to trade, sell and/or purchase them, and accept the sole responsibility for any decisions made in respect of such items within the Marketplace.

4.12.    If you violate any of these Terms and Conditions and/or any third-party rights we reserve the right, without any liability or further obligation of any kind whatsoever to you or any other party, at our sole discretion and without prior notice, to suspend your account temporarily or permanently, considering any reasonable measures depending on the violation.

Section 5 – Concluding a transaction between users

5.1.         In order to sell or acquire items through the Marketplace, a seller may post an offer of sale on the Marketplace. Upon acceptance of the offer from the buyer, a legally binding contract between the respective seller and buyer is formed.

5.2.         Trading of virtual items is also permitted through the Marketplace which involves the exchange of a user’s virtual item with another user’s item displayed on the Marketplace. In this respect, a legally binding contract is also formed between the two users trading virtual items.

5.3.         We are not a party to the contract between the seller and the buyer. We are providing the platform and means of execution of the transaction between the users. We are the merchant of record, and we are responsible for assisting with the completion of the transaction which is processed through our payment processor Adyen N.V and/or any other payment service provider(s). We contact the buyer in respect of the transaction process and receive the settlement from the payment processor(s) on behalf of the seller. Following the successful processing of the payment, the ordered item is provided to the buyer via the Steam account. The buyer’s payment account will be charged with reference to the seller, indicating our fees which are deducted from the purchase price as per sections 6 and 7 below. More information about our fees can be found here.

5.4.         We process transactions when payment is cleared. Unless otherwise indicated, virtual items acquired through the Marketplace are delivered instantly, but at times it may take longer depending on many factors such as the payment method of your choice, technical reasons etc. In order to download and use the items you have acquired, you should ensure that your Steam account is fully operational, your device of choice has up-to-date operating systems and sufficient space.

5.5.         Any delay due to issues with the processing of your payment that is out of our control does not constitute non-delivery and thus does not give you the right to a refund.

Section 6 – Payment Terms

6.1.         We do not charge any fees for registering a user account on the Marketplace.

6.2.         Virtual items will be displayed in the currency of your choice based on the available currency options and paid only in Euro (EUR). Similarly, any credit or debit on your user account will be displayed in Euro (EUR). In the event that you make a payment in a currency other than our nominated currency, i.e. Euro (EUR), your payment will be converted into the nominated currency at the time of payment in accordance with the applicable conversion rate of your bank (this also applies when paying or receiving payment with cryptocurrencies, if applicable). We bear no responsibility for any currency exchange fluctuations.

6.3.         We offer the function of selling a virtual item via the Instant Sale option. The Instant Sale option is an escrow option which provides the seller a guaranteed return on the initial offered price, where our service fee shall be any positive return that may be made when the item is transferred to the ultimate buyer for a higher fee than the initial offered price.

6.4.         We allow users to choose between a variety of payment methods, which are determined at our own discretion. Users will be required to provide our payment processor Adyen N.V. and/or any other payment service provider(s) and/or KYC verification system(s), their personal details and shall consent to the processing of such data for the completion of each transaction. Our payment processor Adyen N.V. and/or any other payment service provider(s) and/or KYC verification system(s), have their own terms and policies which users must comply with and shall need to complete their respective AML & KYC Procedures. We accept no liability in the event that there are any problems with the processing of any user’s transactions (e.g. delays in the processing of payments for whatever reason including technical reasons, transactions which cannot be cleared due to insufficient user funds, identity verification issues, legal requirements that the payment processor(s) shall abide by etc).

6.5.       If you fail to provide us with valid and accurate information or any additional information required in accordance with the AML & KYC Procedures for the processing of payments, we may suspend your account temporarily or permanently until we acquire such information. In the event that a user’s account is suspended, they will still be obliged to pay any fees that were incurred in the process.

6.6.       Any funds we hold for short periods until they are transferred to sellers following the completion of a sale are kept separately from our own funds, as required by applicable law.

6.7.       All of our brokerage fees include the applicable VAT.

6.8.       Responsibility for any additional fees, bank charges, taxes and any other costs imposed by our payment processor(s) or your payment processor or any local authorities lies with you.

Section 7 – Fees

7.1.       When a sale transaction is concluded between users in accordance with section 5, we charge our service fee (called the ‘sales fee’) for the Services provided depending on the value of the virtual item in question. The amount of such fee shall be determined based on the listing price of the seller which is valid at the time of placement of the virtual item for sale. Such fees are included in the price you pay for an item and are transferred to us immediately upon the completion of each transaction through our payment processor Adyen N.V and/or any other payment service provider(s). All the fees we charge for the Services are subject to evaluation, and we reserve the right, in our absolute discretion and without prior notice, to change them at any point. All our fees are always rounded to the nearest cent. All our fees are due for payment immediately.

7.2.       For each sale or purchase of virtual items, users may be charged:

·         fees on sales (sales fee);

·         brokerage fees on instant sales (sales fee);

·         withdrawal fees;

·         fraud prevention fees; and

·         KYC fees

7.3.       More information and a breakdown of our fees is available here.

Section 8 – Deposits and Withdrawals

8.1.       You may deposit funds in your account through the payment method of your choice.

8.2.       You may only withdraw funds from your account that were gained following the sale of virtual items through the payment method of your choice upon completion of the KYC procedure. You cannot withdraw deposited funds.

Section 9 – Refunds

9.1.         Virtual items purchased through the Marketplace are generally not subject to refund due to their digital nature and are final and non-reversible.

9.2.         In the event that you accidentally purchased the wrong item, or you changed your mind and do not want it anymore, the only option for you is to put the item for sale.

9.3.         You should also review your payment method’s refund policy before completing any transactions.

9.4.         You can request a refund from us only for all and not part of the deposited funds which have not been used for any transaction within 14 Business days of such deposit. You can request a refund by contacting us via email at [email protected] or through the “Contact us” functionality available at https://cs.deals/contact.

9.5.         Approved refunds are usually processed within 14 Business days from the day the refund is approved and shall be refunded by using the same payment method you used to deposit your funds. Please note that we cannot carry out refunds in cryptocurrency.

Section 10 – AML & KYC Procedures

10.1.      We adhere to the applicable AML & KYC Procedures in compliance with the Anti-Money Laundering and Counter-Terrorist Financing legislation of the European Union. There are measures in place in order to minimise the risk of users using the Marketplace to commit financial crime, to ensure compliance with AML & KYC Procedures under applicable law and to safeguard the safety of our users. These measures include monitoring and supervising the transactions which take place on the Marketplace ensuring there are no suspicious or unusual activities.

10.2.      We carry out AML & KYC Procedures upon the setup of users’ accounts and prior to the processing of all transactions carried out by users including sales, purchases, trades, deposits, and withdrawals. We may also conduct AML & KYC Procedures if the user’s activity, transaction or payment instrument seems suspicious to us. Such AML & KYC Procedures may be carried out by our payment processor(s) as per the requirements of the applicable legislation.  

10.3.      We and/or our payment processor(s) may, in our absolute discretion, request additional information (e.g. copy of your ID and/or passport, photo of you holding your ID and/or passport, bank statement or utility bill) to verify your identity and/or source of funds and to investigate in cases where a user’s activity requires additional information and/or in case an activity appears to be suspicious and/or unusual and/or illegal.

10.4.      Such activity may include, but is not limited to, refusal to provide any additional information requested from us, having multiple accounts, using someone else’s payment details, providing us with fake or someone else’s identity documents, appearance on a list of sanctioned individuals or entities, or engagement in any illegal activity or any other activity whatsoever that violates these Terms and Conditions.

10.5.      If we detect any suspicious activity, we may, in our absolute discretion, suspend your account temporarily or permanently and/or suspend your subscription and/or remove your item(s) from sale without prior notice. You may appeal our decision to suspend your account by informing us within 30 Business days by sending an email to [email protected] of such suspension and upon further investigation we may re-activate your account.

10.6.      We and/or our payment processor(s) cooperate fully with any public authority that may investigate any suspected or illicit activity in violation of the applicable AML & KYC Procedures. We are not liable for any damage caused to any party when complying with our obligations under the law.

10.7.      We shall not be liable to any user for any damage or loss (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise), including loss of revenue, profits, Marketplace balance, and/or skins resulting from the measures undertaken by us against any user due to alleged violation of these Terms and Conditions or other applicable terms, policies, and regulations by the user.

10.8.      More specific measures are confidential and for internal use only to prevent their use for fraudulent and dishonest actions.

Section 11 – Use of Content

Our Content

11.1.      You acknowledge and agree that the Company owns any and all moral and legal rights, titles and interest in and to all elements of the Marketplace, its technology and all Intellectual Property Rights therein, including, but not limited to, software and program codes,  trademarks (registered or unregistered), systems, methods, intellectual property object protected as “know-how”, profiles, databases, functionality, compilation of the content, designs, data, ideas, concepts, animations, sounds, audio effects, text, artworks, photographs, graphics, logos, any Company product, Service or Service names, slogans, the look and feel of the Marketplace, including, without limitation, all page headers, custom graphics, button icons and scripts that may appear on the Marketplace and all other elements of the Marketplace, (collectively referred to as the “Company’s Content”), excluding any content directly related to the Steam virtual items.

11.2.      Unless otherwise stated in the Terms and Conditions or on the Marketplace, any of the Company’s Content as defined above are Intellectual Property Rights of the Company and may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, imitated or otherwise exploited for any commercial purpose whatsoever, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilising “CS.DEALS” or any other name, trademark or product or Service name of us or our Services without our express prior written consent.

11.3.      We reserve all rights in relation to any registered and unregistered Intellectual Property Rights which appear on the Marketplace or associated with the Marketplace, or otherwise contained in the Company’s Content.

11.4.      The Marketplace may also include content that are the Intellectual Property Rights of our licensors or third parties.

11.5.      Provided that you are eligible to use the Marketplace, you are granted a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Marketplace and our content and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.

11.6.      You shall not (a) try to gain unauthorised access to the Marketplace or any networks, servers or computer systems connected to the Marketplace; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Marketplace or our content, including the modification of the paper or digital copies you may have downloaded.

11.7.      The content on the Marketplace is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Marketplace.

11.8.      Although we make reasonable efforts to update the information on the Marketplace, we make no representations, warranties or guarantees, whether express or implied, that our content on the Marketplace is accurate, complete or up to date.

Your Content

11.9.      You grant us a transferable, simple, spatially and temporally unrestricted right of use to the content posted by you on the Marketplace to the extent necessary for the operation of the Marketplace.

11.10.  Your grant us the right to place the relevant content on the Marketplace and to make the necessary copies of the content (storage on the servers, etc.). In addition, you grant us the right to edit the content in order to better present it on the Marketplace. This editing can be, for example, the shortening or editorial editing of texts, the production of excerpts from posted images or the reduction of images to thumbnails. Furthermore, we have the right to reproduce, make publicly available and publicly reproduce the content in the best possible quality via different end devices and different networks (public and private), whereby the right to make content publicly available also includes, in particular, the transfer of content to fixed or mobile end devices (e.g. cell phones, etc.) of other users. The right of public reproduction also includes in particular the right to reproduce content on the Marketplace by streaming.

11.11.  If you post your content on the Marketplace, you also allow other users to use your content to a certain extent. Thus, posted texts may be read and any images viewed by other users. This inevitably entails storage of the content in question in the RAM of the other user’s terminal device.

Section 12 – Your Content and Prohibited Activity

12.1.      Any content you produce on the Marketplace is your content and we do not claim it in any way. You represent and warrant that such content is your own, it is accurate and does not violate any of these provisions. You are solely responsible for such content.

12.2.      By posting any content on the Marketplace, you grant the Company a temporary license to use your content to the extent necessary (e.g. editing it for better presentation purposes, storing it in our servers).

12.3.      We have the right, in our absolute discretion, but not the obligation to monitor and/or edit and/or remove any content users post that does not conform with this provision, without prior notice.

12.4.      You undertake to not produce any content that is illegal in any way, abusive, defamatory, offensive, misleading, inappropriate, false and insulting towards any users or us.

12.5.      You are not allowed to give access to any third party to your Adyen N.V. and/or any other payment service provider(s) credentials or user account;

12.6.      You agree not to engage in any way with the below activities either through the content you post or in any other way:

12.6.1.          systematically retrieve data or other content from the Marketplace to a compile database or directory or to automate web requests without written permission from us;

12.6.2.          make any unauthorised use of the Marketplace, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences;

12.6.3.          circumvent, disable, or otherwise interfere with security-related features of the Marketplace, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;

12.6.4.          engage in unauthorised framing of or linking to the Marketplace;

12.6.5.          trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

12.6.6.          make improper use of our support Services, or submit false reports of abuse or misconduct;

12.6.7.          interfere with, disrupt, or create an undue burden the Marketplace or the networks and Services connected to the Marketplace;

12.6.8.          attempt to impersonate another user or person, or use the username of another user;

12.6.9.          sell or otherwise transfer your profile;

12.6.10.       use any information obtained from the Marketplace in order to harass, abuse, or harm another person;

12.6.11.       use the Marketplace or our content as part of any effort to compete with us;

12.6.12.       decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Marketplace;

12.6.13.       attempt to access any portions of the Marketplace that you are restricted from accessing;

12.6.14.       harass, annoy, intimidate, or threaten any of our employees, agents, or other users;

12.6.15.       copy or adapt the Marketplace’s software, including but not limited to PHP, HTML, JavaScript, CSS or other code;

12.6.16.       disparage, tarnish, or otherwise harm, in our opinion, us and/or the Marketplace;

12.6.17.       use the Marketplace in a manner inconsistent with any applicable laws or regulations;

12.6.18.       threaten users with negative feedback or offering Services solely to give positive feedback to users;

12.6.19.       misrepresent experience, skills, or information about a user;

12.6.20.       advertise products or Services not intended by us;

12.6.21.       falsely imply a relationship with us or another company with whom you do not have a relationship; and

12.6.22.       use any of the monetary functions (deposits, withdrawals and the like) for purposes other than making purchases and sales on the Marketplace, including, but not limited to, depositing money only to withdraw them later or transferring money between accounts.

Section 13 – Limitation of Liability

13.1.      The Marketplace and Services are provided on an as-is and as-available basis. You agree that your use of the Marketplace and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings of any kind, express or implied by applicable law in connection with the Marketplace and Services and your use thereof, including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

13.2.      To the fullest extent permitted by applicable law, neither the Company, nor our employees, contractors and partners shall be liable to you for any damage or loss of any kind including loss of profits, business or revenues, any incidental, consequential, direct, indirect, punitive or special damages as a result of or in connection with your use of our Services, unless otherwise specified in writing.

13.3.      To the fullest extent permitted by law, the Company disclaims all warranties or representations about the accuracy or completeness of the Marketplace’s content and despite all reasonable steps taken by us to make the Marketplace as secure as possible and available at any time we are not liable for any (1) errors, inaccuracies or omissions in content; (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or the Marketplace or Services; (4) any property damage or personal injury of any nature excluding death; and (5) any bugs, viruses, malicious code, trojan horses, or the like which may be transmitted to or through the site or Marketplace by any third party. To the fullest extent permissible by law, the Company will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

13.4.      You acknowledge that the Marketplace may contain links to third-party platforms that we do not control and thus are not responsible for their content. Unless otherwise indicated, when you access such links, you do so at your own risk. Such third-party platforms may require acceptance of their own Terms and Conditions. The Company is not a party to those agreements and is not liable for any loss incurred by you when accessing such platforms.

13.5.      Items made available on the Service are subject to Steam’s terms and policies and users must comply with them. The Company is not liable for any loss of funds or items resulting from actions taken by Steam.

13.6.      Items paid through the Marketplace are subject to our payment processor’s Adyen N.V. and/or any other payment service provider(s) terms and policies (this includes the terms and conditions of the respective payment method e.g. VISA, crypto wallets etc.). The Company is not liable for any loss of funds, for any variation in currency exchange or the imposition of any additional fees imposed by the payment processor(s).

13.7.      When using the Marketplace, you may come across content posted by other users that you may find offensive or inappropriate. We make no representations relating to any content posted by users through our Services. The Company is not liable for the accuracy, legality, or decency of content posted by users that you accessed through our Services. You release us from all liability concerning that content.

13.8.      Unless indicated otherwise in writing, we are not liable for any losses or damages suffered by you caused by the temporary or permanent suspension of your account if you violate these Terms and Conditions.

13.9.      We assume no liability for any losses or damages suffered by you by the use of our API (web requests to web path /API/*).

13.10.  You acknowledge that it is your responsibility to abide by any legal requirements imposed by your country of residence when using the Marketplace. We are not liable in the event that you infringe any such provisions.   

13.11.  In no event shall the Company’s aggregate liability for any loss or damage may exceed the amount paid by the user to the Company or €1000 (EUR), whichever is greater.

13.12.  In the event that applicable law or the law of your country of residence does not allow the exclusion and/or limitation of any of the above terms, such exclusions and/or limitations shall apply to the extent permitted by applicable law.

Section 14 – Indemnification Policy

14.1.      To the extent permitted by applicable law, you shall hold the Company harmless from any liability, costs (including legal fees, taxes), claims, losses and any other expenses incurred by a third party because you have violated your duties arising out of this Agreement.

14.2.      You have sole responsibility for the content you produce on the Marketplace and for effecting the payment to complete your transaction, and we accept no responsibility in the event that a third party brings a claim against the Marketplace because of such use.

14.3.      You agree to defend, hold harmless and indemnify the Company from and against any VAT, turnover and other taxes or levies including penalties, interests, surcharges ("Taxes") due on any product or service you sell on the Marketplace and any costs or damages related to such Taxes. You shall be liable towards the Company and/or its payment processor(s) for any such Taxes and costs or damages related to such Taxes.

Section 15 – Duration of Agreement, Right of Termination and Deactivation

15.1.      This Agreement is concluded for an indefinite period and shall remain in force and effect during the use of the Marketplace and/or any Service.

15.2.      Users have the right to terminate this Agreement by giving 14 days prior notice to the Company in accordance with section 15.4 below, and request the deactivation of their user account, without giving any reason.

15.3.      If you terminate this Agreement as per the above paragraph, we shall reimburse to you all payments received from you, minus any outstanding payments / fees for services provided by us, in no later than 14 Business days from the day on which we receive notice of your termination. Such reimbursement will be carried out using the same means of payment used by you for the initial transaction, unless otherwise agreed with you.

15.4.      To exercise your right of termination, you must inform us either by email at [email protected] or by using the "Contact us" functionality available at https://cs.deals/contact and must use the following template termination form:

Termination form

To Shooriboom Holdings Ltd, 12 Mykinon street, office 41, 1065, Nicosia, Cyprus
I hereby give notice that I wish to deactivate my user account as I no longer wish to use the Marketplace or receive any Services and for this reason I hereby wish to terminate this Agreement.
Ordered on: Full name of user: Address of user: Date:

15.5.      We may terminate this Agreement and deactivate a user account without any reason by giving a prior written notice to the user. In such a case, we shall reimburse to you all payments received from you, minus any outstanding payments / fees for services provided by us, in no later than 14 Business days from the day on which we receive notice of your termination. Such reimbursement will be carried out using the same means of payment used by you for the initial transaction, unless otherwise agreed with you.

15.6.      We may terminate this Agreement and deactivate or suspend a user account with cause, in case of major violation of this Agreement and in case of violation of applicable law.  

Section 16 – Miscellaneous

Severability

16.1.  In the event that any of the provisions of these Terms and Conditions becomes invalid, void or unenforceable, then the said provision shall be limited and deemed severable to the minimum extent necessary, and the remaining Terms and Conditions shall remain in full force and effect.

Amendments and Variation

17.2.    We reserve the right to make changes to the Marketplace and the Terms and Conditions at any time, without prior notice and for any reason. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing and becoming familiar with these Terms and Conditions to stay informed of any updates. In the event that there are any material changes to the Terms and Conditions we shall inform you. Your continued use of the Marketplace represents that you have accepted such changes.

17.3.    You acknowledge that we may, in our absolute discretion, change, temporarily or permanently suspend or discontinue any of our Services, from time to time to reflect any changes to our products, our users' needs and/or our business priorities.

Applicable Law and Dispute Resolution

17.4.    Unless otherwise required by the law of the user’s country of residence, these Terms and Conditions and the contractual relationship between users and us will be governed by, construed and enforced in accordance with the laws of Cyprus.

17.5.    If a user residing in the European Union and the law of the user’s  country of residence affords them higher consumer protection, such higher standards shall prevail.

17.6.    In the event that you find yourself in a dispute with another user or with us, we encourage the parties in question to resolve their dispute amicably by negotiating with each other for a period of at least 60 Business days before submitting a claim in the courts of Cyprus.

17.7.    Users may also use The European Online Dispute Resolution (ODR)  platform provided by the European Commission as a means of alternative dispute resolution that does not involve court proceedings to resolve any potential disputes.

17.8.    You agree that any claims against the Company, may only be brought in your personal capacity and not as a party in a class action.

Data Protection

17.9.    We collect your data to make the Marketplace more accessible. Our Privacy Policy details how your data is collected, used and shared when you use the Marketplace. 

Force Majeure

17.10.We shall not be liable for any loss resulting from failure to perform our obligations under these Terms and Conditions if such failure results from circumstances which are beyond our reasonable control, including but not limited to acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, strikes, riot, power failure, equipment or software malfunction, any acts of government including travel bans and restrictions, epidemics, pandemics, diseases or public health emergencies specifically including the COVID-19 outbreak or any other event similar to those described above.

Assignment

17.11.We may, in our absolute discretion, assign or otherwise transfer any of our rights and/or obligations to third parties at any time. You may not assign or otherwise transfer your rights and/or obligations without obtaining our prior written permission.

Customer Service

17.12.For customer service inquiries and/or to raise any disputes, you can reach us by email at [email protected] or through the "Contact us" functionality available at https://cs.deals/contact. Where possible, we will work with you and/or any user selling items on the Marketplace, to resolve any potential issues.