Terms of use of GamerPay

GamerPay is operated by:

GamerPay operates a secure escrow payment solution, to be used by gamers when buying and selling digital outfits.

The following Terms & Conditions and Privacy Policy will apply immediately to users that sign up to GamerPay from 7th April 2023, 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. Exception require approval from the GamerPay team.
• GamerPay is primarily a platform for private sellers and buyers. Business require approval by the GamerPay team to operate on Gamerpay.gg
• 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 7th April, 2024.

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 offers an escrow solution to facilitate trades between buyers and sellers but are not part of the transaction besides offering the financial intermediary solution
• 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. GamerPay solely determines what good conduct is.
• Offers submitted are legally binding. You are thus required to purchase and pay for an item if the seller has accepted your offer. Failure to comply may result in a fee.
• As a seller, you are responsible for all regulatory reporting to the relevant tax authorities. GamerPay solely provides the financial intermediary solution and does not hold inventory on behalf of sellers nor in any way take part in the asset transfer.

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 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.
• items obtained via gambling, scam or fraud are not permitted on GamerPay.

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 the trade within 24 hours after it has been submitted, then it will be canceled and you will have to pay a fee. By listing an item you accept current fee’s. Fee’s are visible on GamerPay.gg. (fees can be seen here).
• If the buyer opts out of a transaction before the 24 hours, the buyer will have to pay a fee. Fee’s apply to the buyer when opting out. (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. GamerPay is not part of the asset storage or transfer, solely the monetary transaction.

2.3. Terms and conditions of the buyer

2.3.1. Offers

As a buyer, all offers or purchases submitted 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 ban. 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 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

• When you submit a bargain or a trader order, the offer is legally binding. After this, you are obligated to complete the purchase.
• Price for the item is agreed upon between the buyer and the seller.
• Within a maximum of 24h after you paid you will receive a trade offer from the seller. You are obligated to accept the offer as soon as possible. If you do not accept the trade offer or the item is different to what you bought, an option to “dispute” the trade will appear. It’s the buyers responsibility to dispute a trade not received or not as described. A failure to act is an acceptance of the original purchase offer.
• If the buyer does “no action” on GamerPay (irrespective of action on Steam), GamerPay will have to assume that the purchase has been accepted by the buyer and the funds will be released to the seller.
• If the item you receive does not match what you purchased you are obligated to create a dispute via GamerPay.

3. 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 a purchasing order that is valid for 24 hours. The money is reserved on the buyers account within this timeframe. The seller is obliged to accept the order from the buyer by creating a “Trade Offer” to the buyer via Steam.

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

3.1.2. Money transactions with GamerPay’s trading system

When a buyer creates a purchase order buy clicking “buy” and completing the Card or Wallet payment, their account is charged and funds held in “Escrow” until the trade is completed. 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 or a dispute is raised by either party.

When you are a party in a trade, it is important that you make sure to enter the correct contact information and trade-link information prior to making an offer, in order to ensure that you receive information about the state of the trade. Failure to do so might result in a dispute and/or additional charges being applied.

3.1.3. Completion of payment

As a buyer you are charged when creating the purchasing order. The funds are securely held in Escrow until the buyer validates they have received the item or the full receival grace period has expired.

• If the trade is marked completed the funds are transferred to the sellers wallet.
• If the trade is disputed funds are held in GamerPay’s escrow until it's resolved.

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 the relevant identification documents, normally passport, ID card or drivers license, but varies per country.

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 seller's id is approved.

3.1.5. Security in relation to money transactions

GamerPay’ trading system utilizes 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 buyer and seller fee’s. The buyer and seller fee’s are paid to manage the escrow solution incl. Dispute resolution, holding funds, executing KYC+AML checks and operating the wallet system. The fee is always stated clearly before using the trading system. Current fee’s will be visible on the GamerPay site before committing to a purchase, sale or withdrawal. By purchasing, selling or withdrawing you accept the current fees. (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).

3.2. Refunds and cancellations

3.2.1. Cancellations

As either buyer or seller, 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 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 goes 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 favor 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 terms are the same as for regular trades see 2. and 3 except the trade process is not started until the end of the trade lock period. At the end of the trade lock period the seller has 24h to send the buyer the item. Terms for trade lock items follow GamerPays general terms and conditions.

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 trades between buyers and sellers. When making an offer, you prepay an amount to GamerPay. When an offer is accepted by both parties, GamerPay will then transfer the amount in question to the seller.

4.5. Security in relation to money transactions

GamerPay’s payment system utilizes 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, fee’s apply to the following (not exclusive) buying, selling, depositing and withdrawal.

4.6.1. Acceptance of fee structure

The User agrees to the fee structure in effect at the time of listing an item for sale on our platform. The applicable fees are clearly disclosed and accessible to the User within our platform's fee schedule section or at the point of listing an item.

4.6.2. Right to Amend Fees

We reserve the exclusive right to modify, amend, or change the fee structure at any time and for any reason. Such changes to the fee structure shall be effective immediately upon posting on our platform or by direct communication to the User, whichever is earlier.

4.6.3. Right to Amend Fees

We commit to providing reasonable notice of any changes to our fee structure through our platform's notification system or via email to the address associated with the User's account. It is the User's responsibility to review any changes to the fee structure.

4.6.4. Acceptance of Amended Fees

Continued use of our platform for listing items after such changes to the fee structure become effective constitutes the User's acceptance of the revised fee structure. If the User does not agree to the new fee structure, they have the right to delist their item(s) prior to engaging in any further transactions.

4.6.5. Opting Out of New Fees

If the fee structure changes after an item is listed but before a trade is completed, the User has the option to delist the item without penalty or complete the trade subject to the fee structure in place at the time of listing. If the User chooses to delist the item, no fees related to the delisting action will be applied.

4.6.6. 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 clicked 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 €50 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 canceled, 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, successful, KYC. Once earned, Bonus & Interest will appear as cash equivalents on the referring Member’s Wallet & Balance. Bonus & Interest must be used or withdrawn 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 canceled 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.