Terms of use of GamerPay

GamerPay is operated by:

GamerPay ApS
CVR: 41885815
Otto Bussesvej 5
2450 København SV
Denmark
Contact: [email protected]

GamerPay operates a secure payment gateway, to be used by gamers when buying and selling digital outfits. With a sellers tradelink, you can initiate a trade and pay for it. With an integration with Steam, payment is connected with trade on Steam. When a seller accepts trade on Steam, the buyer will get the digital outfit and the seller the money on his bank account.

The following Terms & Conditions and Privacy Policy will apply immediately to users that sign up to GamerPay from 17th January 2021, and onwards.

In our terms of use, you can read about your rights in connection with the creation of a user account, private transactions and the use of GamerPay’s trading system. We consider it a legal agreement between GamerPay and you as a user, which you must accept when creating a user profile on our platform. We therefore ask that you read the terms. If you have questions regarding the terms of use or your rights, you are welcome to write to GamerPay Support.

The terms of use consist of 4 parts:

  1. The first part concerns the terms for creating a user account.
  2. The second part concerns the terms of private transactions and your rights as a seller and buyer in private transactions.
  3. The third part concerns the terms of use of using the trading system and your rights as a seller and buyer in this context.
  4. The fourth section concerns the terms related to your GamerPay-account

1. Terms of use regarding user account

1.1. General terms

  • You can only create one GamerPay user account. The user account is strictly personal, and may not be lent to or shared with others.
  • GamerPay is primarily a platform for private sellers and buyers.
  • GamerPay reserves the right to suspend or terminate a user’s account, if it is or appears to be in violation of the terms of use of GamerPay or applicable legislation in your country of residence. We also reserve the right to cancel or close a user’s account, and to suspend or cancel notes and transactions associated with such accounts, if incorrect registration information has been provided or in case of other abuse of GamerPay’s services or if GamerPay considers the user to be undesirable. Individuals, whose account has been canceled or closed, are banned from re-entering GamerPay’s services without prior consent. Such attempts will result in the expulsion of the account in question without notice.
  • If you know or suspect that others have access to your user account, regardless of how they have accessed your account, you are under obligation to report this to GamerPay. In such cases, GamerPay reserves the right to block the user account in question.

1.2. Liability and general terms of intellectual property rights

You acknowledge that all copyrights, trademarks and other intellectual property rights to and regarding GamerPay’s services are owned by GamerPay ApS. You may not make use of these intellectual property rights or GamerPay’s services except to the extent necessary to perform transactions in the manner provided for in this agreement.

1.3. Failure to access GamerPay

GamerPay cannot guarantee that it is possible to access our services at all times, as the servers may be unavailable. This may include either a planned temporary shutdown, downtime at Steam, or a technical breakdown, and GamerPay cannot be held responsible for the lack of access that users may experience.

1.4. Consequential damages

GamerPay may not be liable to you or any third party for any indirect damages or consequential damages, for loss of data, profits, income or business, how it might have been caused (whether due to negligence or breach of this agreement or otherwise) even though such loss or damage could have been foreseen by GamerPay or if GamerPay had been made aware of the possibility of potential damage.

1.5. Force majeure

GamerPay is not responsible for non-compliance with our obligations under this agreement due to factors beyond the control of GamerPay.

1.6. The effect of rules for the use of GamerPay

When signing up for GamerPay’s services, you agree to GamerPay’s Terms of Use.

1.6.1. Changes to rules for the use of GamerPay

GamerPay reserves the right to change the rules for the use of GamerPay at any time and to put new versions of GamerPay’s services into effect without user consent. Therefore, it is important regularly to keep up to date on the changes. You may at any time withdraw your consent to the rules for the use of GamerPay and / or close your user account if you do not accept the changes.

1.6.2. Duration of rules for the use of GamerPay

Rules apply until they are replaced by new ones. This version of rules for the use of GamerPay’s services supersedes the former and enters into force on December 10, 2020.

2. Terms of private transactions

For all private transactions, legislation in your country of residence applies.

2.1. Summary of transaction rules:

  • Only private users are allowed on GamerPay unless a special agreement has been entered explicitly and in writing with GamerPay.
  • GamerPay may at any time suspend or shut down a user account if it is assessed to be in violation of the terms of use of GamerPay, the rules for the use of GamerPay, applicable legislation in your country of residence or otherwise good conduct.
  • Offers submitted are legally binding. You are thus required to purchase and pay for an item if the seller has accepted your offer.
  • As a seller, you are responsible for all regulatory reporting to the relevant tax authorities.

2.2. Terms and conditions of the seller

2.2.1. Terms and conditions of the seller

The contractual terms and conditions in their entirety, which are applicable between buyer and seller in connection with a transaction, are those specified by the seller, either in writing or otherwise. The obligation to notify the buyer of these terms and conditions is borne by the seller and not GamerPay.

2.2.2. Seller’s ownership rights

As a seller of any item on GamerPay, you must be able to prove that you have the full ownership right of the outfits and that you are entitled to transfer this outfit to the buyer on Steam.

2.2.3. Your responsibility as a seller

As a seller, you are responsible for ensuring that neither the sale of the item itself, nor any activity or communication you make in connection with private transactions:

  • violates intellectual property rights or other rights of a natural or legal person.
  • violates applicable legislation in your country of residence, whether it is criminal, actionable etc.
  • is false, unreliable, misleading, offensive or abusive.

2.2.4. Seller's responsibility in connection with offers and selling

  • As a seller, if you accept an offer, this is legally binding on you and the buyer.
  • If you do not accept an offer within 18 hours after it has been submitted, then it will be cancelled and you will have to pay a fee (fees can be seen here).
  • If the buyer opts out of a transaction before the 18 hours, he or she will have to pay a fee, and we recommend that you report the buyer to GamerPay Support (fees can be seen here).

2.2.5. Regulatory reporting to the tax authorities

It is always your responsibility to report your taxable income from GamerPay to the local tax authorities. It is thus not GamerPay’s responsibility to report a user to the tax authorities, and GamerPay cannot be held liable in relation to the tax issues of a user.

2.3. Terms and conditions of the buyer

2.3.1. Offers

As a buyer, please be aware that all offers submitted to a seller’s outfits are legally binding. Therefore, it is not allowed to make offers ‘for fun’. Such offers will result in you having to pay a fee (fees can be seen here). If such offers take place repeatedly, this may result in exclusion.

2.3.2. Your responsibility as a buyer

As a buyer, you are responsible for ensuring that all activity or communication you make in connection with private transactions:

  • does not violate intellectual property rights or other rights of a natural or legal person.
  • does not violate applicable legislation, whether it is criminal, actionable etc.
  • is not false, unreliable, misleading, offensive or abusive.

2.3.3. Buyer’s responsibility in connection with offers and purchasing

  • If you submit an offer and the offer is connected with a trade on Steam, the offer is legally binding. After this, you are obligated to purchase the outfit.
  • Price for the item is agreed upon between the buyer and the seller.

3. Using the trading system

This section relates specifically to the terms and conditions that apply to trades conducted through GamerPay’s trading system. Note that the general terms and conditions regarding trades described in section 2., e.g. offer rules, seller and buyer conditions etc., still apply along with the additional terms and conditions formulated in this section.

When using GamerPay's trading system, you accept the terms of our partner Lemonway. Lemonway is the provider and facilitator of the banking infrastructure needed to transfer the money from buyer to seller. You can find LemonWay's terms & conditions here




3.1. Generally about GamerPay’s trading system

3.1.1. The use of GamerPay’s trading system

The buyer can create an offer that is valid for 18 hours. The money is reserved on the buyers account within this timeframe. The seller can accept the offer from the buyer on Steam. If the offer is accepted, the trade is considered binding for both parties according to Danish law, cf. The Danish Contracts Act §1.

Scraping, automatic orders and/or use of scripts is not allowed. In addition, usage of "bots" either as seller or to automate trading is not allowed without pre-approval from GamerPay.

3.1.2. Money transactions with GamerPay’s trading system

When you accept an offer from a buyer with GamerPay’s trading system via Steam, the money is transferred from the buyer's payment card or wallet.
Every transaction has a trade number ID used to identify the transaction in GamerPay’s systems. GamerPay reserves the right to withhold a transaction before the payout is made, if a suspicion of fraud is present.

When you are a buyer in a trade, it is important that you make sure to enter the correct contact information prior to making an offer, in order to ensure that you receive information about the state of the trade.

3.1.3. Completion of payment

When an offer has been accepted by the seller on Steam, then the money will be withdrawn from the buyer’s account and transferred to the sellers wallet. It will be available instantly. If the seller does a withdrawal the money will be visible within 1-5 banking days if all security checks have been done.

3.1.4. Verification & Security Check

Due to safety reasons according to the anti money laundering act, you are asked to verify your identity by GamerPay, before we can do payouts. Verification is by submission of a copy of your driver's license, passport or national identity card.

If you have an ongoing trade/balance you will experience a minor delay in the payout. The seller will receive a notification about the delay. As part of a standardized security procedure, the payment will typically be withheld until it has been registered that the sellers id is approved.

3.1.5. Security in relation to money transactions

GamerPay’ trading system utilises the payment gateway Lemonway. The system uses SSL encryption for all transmissions, and therefore, all data is strictly encrypted. Lemonway has PCI certifications, which means that they are both in compliance with the security standards issued by Visa / Mastercard.

3.1.6. Fees related to GamerPay’s trading system

Buyers and sellers are ensured when using GamerPay’s trading system and if a problem arises, they are able to receive support from GamerPay, see section 3.2. For this service, GamerPay charges the buyer a fee. The fee is always stated clearly before using the trading system (fees can be seen here). Also, you are charged a fee if you want to withdraw money from the GamerPay Wallet (fees can be seen here).

3.1.7. Liability rules

GamerPay is liable to you for direct losses caused by errors made by GamerPay in relation to payment transactions. In such instances, any residual credit belonging to you must be paid out to you within 10 days after your request.

GamerPay is liable for losses caused by others’ unwarranted use of your GamerPay profile. However, for this type of loss, the following exceptions apply if the transaction is correctly registered and accounted for:

a. For losses caused by others’ unwarranted use of your GamerPay profile, you are liable for up to 375 DKK, if GamerPay determines that your personal and encrypted password has been used.

b. For losses caused by others’ unwarranted use of your GamerPay profile, you are liable for up to 8.000 DKK, if GamerPay determines that your personal and encrypted password has been used, and if you:

  • have failed to notify GamerPay as soon as possible after becoming aware that your password has become compromised and known to others,
  • have exposed your password to the party who has unwarrantedly used your profile, or
  • made the unwarranted use possible by exhibiting blatantly negligent behaviour. For losses caused by others’ unwarranted use of your GamerPay profile, you are fully liable, if the loss has occurred under circumstances where it can be proved that you have given your password to the person who has committed the act, and that you did realise or should have realised the risks of abuse associated with this.

Regardless of other rules in this section, you are not liable for any unwarranted use of your profile that may occur after you’ve notified GamerPay of the abuse.

Complaints regarding unauthorised or flawed payment transactions must be in the hands of GamerPay within 13 months after the completion of the payment transaction.

As a user of GamerPay, you are no longer liable for any losses that may occur after you have requested to have your profile closed/blocked.

3.2. Refunds and cancellations

3.2.1. Cancellations

As either buyer or seller, for a fee you are able to cancel a trade right up until it has been accepted on Steam by the seller. At this point the trade is considered confirmed and bought on sight, and therefore any cancellation after this point is at the discretion of the parties involved in the trade.

3.2.2. Refunds

Digital outfits bought using GamerPay are bought on sight. As digital outfits are always as described and sold as a peer to peer sale, then a refund is based on the discretion of the parties involved and does not involve GamerPay. We are of course always available to mitigate if one of the parties go through support.

3.3. Handling of trade disputes between buyer and seller

3.3.1. Generally about trade disputes

As a buyer or seller, you have the possibility to contact GamerPay Support if you experience an issue or a dispute in relation to a trade that has been conducted through GamerPay’s trading system.

3.3.2. Dispute settlement

If GamerPay is contacted regarding a dispute in a trade, the dispute will be settled based on Danish law.

Documentation that is not provided prior to the dispute settlement cannot be included in the evidence upon which the settlement is based, even if such documentation might be compelling. All dispute settlements are made based on GamerPay’s terms and conditions. In some instances, disputes may be settled in partial favour of both parties, or the case may be declined.

3.4. Trade locked items

3.4.1. Rules for buyer and seller

For trade locked items the same rules are the same as for regular trade see 2. and 3.

If the buyer makes a trade for a trade locked item. If he or she then does not create the trade on Steam after a trade locked item goes out of trade lock with 24 hours after it's available, then a fee has to be paid and the trade cancelled (fees can be seen here).

If the seller does not accept a trade that went out of trade lock, where buyer then made a correct trade offer on Steam, whiting 24 hours after it was synced, then the trade will get cancelled and seller will either have to pay a fee or get a ban (fees can be seen here).

3.4.2. Process of making a trade for a trade locked outfit

Seller lists an outfit with trade lock

Buyer makes a purchase of the trade loced item, money is withdrawn from either card or wallet

The item goes out of trade lock, the buyer is notified on creating the trade offer on Steam so it can get synced with order on GamerPay. This has to be done within 24 hours

When trade is all synced, the seller is then notified and has 24 hours to accept

The seller accepts, and seller receives the money on their wallet

4. The GamerPay Account

4.1. Purpose

Your GamerPay account (referred to as “account” going forward) is connected to GamerPay’s payment system, and the account can be used to conduct trades through GamerPay’s trading system between a buyer and seller.

4.2. Amount

The maximum amount that can be paid from your credit card per trade is 5.000 EUR.
The maximum amount that can be paid out per 24 hours is 250.000 EUR.
The maximum amount that can be paid out per month is 2.000.000 EUR.

4.3. Payment with card

When conducting transactions through GamerPay with a credit card or another type of payment card, you confirm that you are entitled to possess and use the payment card in question. Furthermore, you are obligated to ensure that sufficient funds are available on the payment card in question.

4.4. Trading System

The trading system on GamerPay makes it possible to conduct transactions in private trades between buyers and sellers. When making an offer, you prepay an amount to GamerPay. When an offer is accepted, GamerPay will then transfer the amount in question to the seller.

4.5. Security in relation to money transactions

GamerPay’s payment system utilises the payment gateway Lemonway. The system uses SSL encryption for all transmissions, and therefore, all data is strictly encrypted. Lemonway has PCI certifications, which means that they are both in compliance with the security standards issued by Visa and Mastercard.

4.6. Fees

If you choose to use GamerPay’s trading system, a fee will be added when the offer is made. The fee is always stated clearly before finalising a trade. Further actions that has a fee is withdrawal of funds, deposit of funds. You can reduce certain funds by becoming a GamerPay Elite member. You can read more about GamerPay Elite here. Other fees are related to penalties for breaking the rules of GamerPay. You can read more about the fees here.

4.6.1. Limitation of claim to residual balance on blocked profile

In compliance with the Danish Limitation Act, any unclaimed residual balance on your account will be withdrawn by GamerPay if your profile has been blocked for 3 years or more. The reason for the blocking of your profile is irrelevant in relation to this issue. If you have not contacted GamerPay within 3 years, after your profile has been blocked, to claim any residual balance, your claim is no longer valid.

4.7 GamerPay Elite

Subscriptions are considered redeemed once "I understand" has been pressed on the prompt you get when buying a subscription. Failing to use the benefits of your subscription(s) does not entitle you to a refund of the paid subscription fees. Payments for subscription fees are final and non-refundable.

We may make an exception for a refund for an Elite subscription if the laws applicable in your jurisdiction provide for refunds

5. The GamerPay Referral program

The GamerPay Referral Program (“The Program”) allows you to earn cash and interest bonus towards future GamerPay purchases (or cash out) by referring friends to become new paying users on GamerPay To participate, you must agree to these terms, which become part of the GamerPay Terms. Terms that are not defined here will have the same meaning given to them in the GamerPay Terms

5.1. How to Earn Referral Bonus & Interest

You can earn Bonus & Interest if: (i) a referred friend with a Steam level above 0 clicks on their referral link to create a valid GamerPay account that complies with our Terms of Use; and (ii) the referred friend completes a Qualifying Transaction (as defined below).

The referring person with a Steam level above 0 will be credited with €5 per each Qualifying Transaction in the referral invitation or accompanying promotional materials after the completion of the referred friend’s transaction

The maximum Credit that can be earned per person will be €5,000 EUR total. Exemptions to go above can be granted on an individual basis.

5.2. Qualifying Transactions

A Qualifying Transaction has to be above €35 EUR. The Qualifying Transaction must be paid for via the GamerPay website, and the referred friend must fully complete the transaction before a referring friend can receive the bonus & interest. A transaction will not be considered a Qualifying Transaction, and therefore no Bonus or Interest will be earned if the transaction is cancelled, expires or in any other way is not completed at any time.

5.3. Redeeming Bonus & Interest

Bonus and Interest is debited to the account of the referrer and may only be redeemed after a full, successfull, KYC. Once earned, Bonus & Interest will appear as cash equivalents on the referring Member’s Wallet & Balance. Bonus & Interest must be used or withdrawned within one year from the date they are issued, after which they may encounter holding interest.

Bonus & Interest may not be earned by creating multiple GamerPay Accounts. Bonus & Interest accrued in separate GamerPay accounts may not be combined into one GamerPay account and will be cancelled in due case.

If for any reason you believe that there is a discrepancy regarding your balance of Bonus & Interest, please contact us. GamerPay may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at GamerPay’s sole discretion.

You are responsible for any Tax consequences, if any, that may result from your redemption or use of Bonus & Interests. Where applicable, GamerPay may be required to account for VAT on any services for which the Bonus & Interests are redeemed.

You are only allowed to make use of a referral link on 1 GamerPay account per household. Upon discovery of multiple accounts or an attempt to open more than 1 GamerPay account in the same household, GamerPay reserve the right to close all of your accounts without notice. GamerPay reserves the right to withhold any balance that may have been earned on all of your accounts, upon the discovery of multiple GamerPay accounts.

5.4. Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on coupon websites. Members are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link.

5.5. Referred Friends

Referred friends with a public Steam profile and a Steam level above 0 who have signed up using a valid referral link will also receive credit in the form of a coupon or coupons in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Transaction on GamerPay.

Coupon discounts may not be transferred to another person, exchanged for cash, or combined with other GamerPay referral programs or incentives.

Coupon codes expire 30 days from when you sign up for an GamerPay account. GamerPay reserves the right to any remedy, including cancellation of your account or transaction, if fraud, tampering, violations of these terms or GamerPay’s Terms of Use or technical errors are suspected. Void where prohibited. If your transaction later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.

5.6. Multiple Referrals

A referred friend may only use one referral link. If a referred friend receives referral links from multiple people, only the person associated with the referral link actually used by the referred friend will receive Bonus & Interest.

5.7. Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

5.8. Expiration

All referral bonuses expire after 30 days

5.9. Termination and Changes

GamerPay may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason.

We reserve the right to suspend accounts or remove Bonus & Interest if we notice any activity that we believe is abusive, fraudulent, or in violation of GamerPay's Terms of Use. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

The scope, variety, and type of services and products that you may obtain by redeeming Bonus, Interest & Credits can change at any time.

5.10. Updates to the Terms

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the GamerPay.gg website, applications, or services, which are effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification.