Terms of Use
Effective Date: March 20th, 2024
Thе Gainkit.com website is operated by TERRAVERSE LTD, a legal entity duly incorporated under laws
of United Kingdom and Wales, with its registration number 12729165, registered address is 128 City
Road, London, United Kingdom, EC1V 2NX
IMPORTANT! PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
1. Definitions
“Buyer(s)” shall refer to the individual or entity seeking to purchase Goods from Sellers.
“Content” shall refer to the contents of the Website, including without limitation the text,
graphics, images, audio, and video, as well as any product descriptions, pricing, and reviews.
“Content” does not include User Submitted Content as defined below.
“Goods” shall refer to the virtual goods for use within computer games listed for sale on the
Website.
“Gainkit” refers to the company TERRAVERSE LTD.
“Services” shall refer to the services provided by Gainkit through the Website, consisting of a
platform for connecting Buyers seeking to purchase virtual goods for use within computer games.
“Users” shall refer to anyone who uses Gainkit’s Services, including users of the Website.
“You” shall refer to you, the person who is entering this Agreement with Gainkit.
2. Acceptance of the Terms of Service
By visiting the Website or using the Services, You accept and agree to these Terms of Service and the
Privacy Policy, which is incorporated by reference into these Terms of Service. These Terms of Service
constitute a legal agreement between You and Gainkit and spell out the terms and conditions to which You
must adhere. If You do not agree to any of these terms and conditions, then do not use the Website or
Services.
3. Use of Website, Content, and Services
The Website, Content, and Services are owned by Gainkit and constitute proprietary information and
property and are protected by United States copyright and/or trademark law, as well as applicable
foreign laws.
Gainkit hereby grants You permission to use the Content, provided that (i) your use is solely for your
personal, noncommercial use (other than purchasing or selling the Goods featured on the Website); (ii)
You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform,
distribute, or otherwise use the Content for any public or commercial purpose, including the use of the
Content on any other website. To the extent the Website provides features allowing You to distribute the
content by email, social media, or another method, You may distribute the Content using such features.
If You violate any of these terms, your permission to use the Content automatically terminates.
4. Rules of Use
As a condition for your use of the Website and Services, You agree (i) not to use the Services for any
illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether
federal, state, or local); (ii) not to engage in any behavior that is violent, threatening,
pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Gainkit in its
sole discretion; and (iii) not to interfere or disrupt the Services or servers or networks connected to
the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any
other destructive code. You agree not to engage in price-switching or price-baiting practices when using
the Services. Gainkit has the right to interrupt, suspend, or terminate the Services if it suspects that
You are engaging in unlawful, fraudulent, or abusive activity. If Gainkit terminates your account or
access to the Services for a violation of this paragraph or these Terms of Service, You will not be
entitled to reimbursement of monies used to purchase virtual items or return of any virtual items.
However, upon termination, You will be entitled to withdraw any unused monies on deposit in your account
subject to Gainkit’s charges and fees listed at https://csgo.gainkit.com/faq
5. Relationship of Parties
No joint venture, partnership, employment, or agency exists between You and Gainkit, and nothing in
these Terms of Service shall be construed as creating any joint venture, partnership, or employment
relationship.
6. Ownership and Legal Compliance
Seller represents and warrants that he or she owns any Goods listed by Seller for sale on the Website
and is compliance with all applicable laws in connection with the sale of such Goods.
7. Account Information
You will need an account to use the Services. In order to sign in and register for an account, you will
need to have a Steam account administered by Valve Corporation and available at www.steamcommunity.com.
Gainkit is not affiliated with Valve Corporation. You shall protect any passwords and account
information and take full responsibility for your own, and any third party, use of your account. If You
learn of any unauthorized use of your password or account, contact Gainkit immediately.
10. Payment and Fees
If You choose to sign up for an account and use the Services, You agree to pay and be responsible for
all applicable charges and fees for such Services. You can view the current charges and fees associated
with the Services at https://csgo.gainkit.com/faq. All fees are set out in U.S. dollars.
To the fullest extent permitted by law, fees paid to Gainkit are non-refundable. In extraordinary
circumstances, Gainkit may consider refunding fees paid to Gainkit but is under no obligation to do so
and any such refunds are at the discretion of Gainkit. Nothing in these Terms of Service obligates
Gainkit to extend credit to any party.
Any request for a refund by Buyer after the escrow transaction has been completed shall be directed
initially to Gainkit, who will determine in its sole discretion whether to attempt to resolve or rectify
the issue or whether to direct the Buyer. You understand and agree that Gainkit does not, and is under
no obligation to, issue refunds.
You acknowledge and agree that You are the owner of any credit card account, PayPal account, Bitcoin
account, and/or any other payment method that You submit to Gainkit for payment of Goods. Gainkit
requires all Buyers to verify their credit cards through its verification system. You acknowledge and
agree that any credit card and related billing and payment information that You provide to Gainkit may
be shared by Gainkit with companies who work on Gainkit’s behalf, such as payment processors and/or
credit agencies, solely for the purposes of verifying credit card ownership, checking credit, effecting
payment to Gainkit, and servicing your account. You agree that Gainkit is not responsible for the
actions of any third party payment processors and, in the event of any dispute resulting from the
actions of a third party payment processor (such as holds imposed by a third party payment processor),
You agree that your sole recourse shall be against the payment processor directly.
To the extent that a Buyer obtains a refund through his or her credit card company or a payment
processor used by Gainkit, the Buyer shall be liable to Gainkit for any fees due to Gainkit for the
transaction between Gainkit and, as well as any costs, fees, or charges imposed by the payment processor
as a result of any chargeback or refund (“Refunded Fees”). At Gainkit’s discretion, Gainkit may (i)
invoice or otherwise charge the Buyer for such Refunded Fees; (ii) debit or place a lien on the Buyer’s
account for such Refunded Fees; or (iii) subtract such Refunded Fees from any subsequent fees in
connection with a subsequent transaction.
In order to use the Services, a Buyer must deposit money into his or her account. The money on deposit
in the Buyer’s account may be used to purchase Goods. Upon a completion of a transaction, the money owed
to the Seller will be deposited into Seller’s account. Any unused money on deposit in Buyer’s or
Seller’s account may be withdrawn at any time subject to the charges and fees for withdrawal set forth
at https://csgo.gainkit.com/faq.
Gainkit may also provide information in response to valid legal processes, such as subpoenas, search
warrants and court orders, or to establish or exercise its legal rights or defend against legal claims.
Gainkit shall not be liable for any use or disclosure of such information by such third parties.
11. Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience
to You and not as an endorsement by Gainkit of the contents, products, services, or business practices
of such third party websites. Gainkit is not responsible for the content, products, services, or
business practices of linked third party websites and does not make any representations regarding the
content, products, services, or business practices of such third party websites. If You decide to access
and/or use linked third party websites, You do so at your own risk. You are responsible for taking
precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan
horses, and other harmful or destructive content.
12. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAINKIT DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GAINKIT DOES NOT WARRANT THAT THE WEBSITE OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR
THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAINKIT DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR
SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY GOODS LISTED ON THE
WEBSITE AND PURCHASED BY YOU. YOU assume all risk for any damage to your computer system or loss of data
that results from USE OF the WEBSITE OR services, including any damages resulting from computer viruses.
GAINKIT does not authorize anyone to make any warranties on its behalf, and you should not rely on any
warranties made by third parties.
13. Limitation of Liability
NEITHER GAINKIT NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH (I) ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR
APPLICATION, OR (II) THE SALE, PURCHASE, OR USE OF THE GOODS.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF
CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF GAINKIT HAS PREVIOUSLY BEEN ADVISED OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR
INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR
INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES; AND/OR (V) ANY GOODS
SOLD OR PURCHASED.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or
consequential damages, the above limitation shall apply to the extent permissible under applicable law.
GAINKIT’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO
GAINKIT OR $10, WHICHEVER IS GREATER.
14. Indemnification
You agree to defend, indemnify, and hold harmless Gainkit, its licensors, licensees, distributors,
agents, representatives and other authorized users, and all of the foregoing entities' respective
officers, directors, owners, employees, agents, representatives, and assigns from and against any and
all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out
of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of
Service, (iii) the sale, purchase, or use of any Goods, (iv) your violation of any third party right,
including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You
that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. Gainkit reserves the
right to assume the exclusive defense and control of any matter otherwise subject to indemnification by
You. You shall not enter into any settlement agreement that affects the rights of Gainkit without
Ganikit’s prior written approval.
15. Representation of Age and Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with
the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website and Services are not intended
for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
16. Termination
Gainkit may, in its sole discretion, terminate or suspend your access or refuse service at any time,
without notice, to all or any part of the Website or Services for any or no reason, including, but not
limited to, breach of these Terms of Service.
17. Assignment
These Terms of Service may not be assigned by You without the prior written approval of Gainkit. Gainkit
may assign these Terms of Service without your consent.
18. Severability
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute,
regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall
be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation,
ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.
19. no Waiver
The failure of Gainkit to enforce any right or provision in these Terms of Service shall not constitute
a waiver of such right or provision unless agreed to in writing by Gainkit. In addition, Gainkit’s
waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent
breach.
20. Integration
These Terms of Service constitute the complete and final expression of the entire and only understanding
between You and Gainkit relating to the subject matter of this agreement and supersedes any prior
written or oral representations.
21. Class Action Waiver
You agree not to act as a class representative or private attorney general, nor participate as a member
of a class of claimants, with respect to any claim arising from or relating to use of the Website,
Services, Privacy Policy, or these Terms of Service. Claims may not be arbitrated on a class or
representative basis. The arbitrator can decide only your individual claims. The arbitrator may not
consolidate or join the claims of other persons or parties who may be similarly situated.
Additional Terms and Conditions; EULAs
When you use operated by TERRAVERSE LTD services provided by operated by Marketing
Rabbit Agency Ltd
(hereinafter
referred to as the "operated by TERRAVERSE LTD
services provider") to make a purchase on our website, responsibility over your purchase will first
be transferred to operated by TERRAVERSE LTD before it is delivered to you. operated by
TERRAVERSE LTD
services provider assumes primary responsibility, with our assistance, for payment and payment
related customer support. The
terms between operated by TERRAVERSE LTD services provider and customers who utilize
services
of operated by TERRAVERSE LTD are governed
by separate agreements and are not subject to the Terms on this website.
With respect to customers making purchases through operated by TERRAVERSE LTD services
provider
checkout, (i) the
Privacy Policy of operated by TERRAVERSE LTD services provider shall apply to all
payments and
should be reviewed
before making any purchase, and (ii) the operated by TERRAVERSE LTD services provider
Refund
Policy shall apply to all
payments unless notice is expressly provided by the relevant supplier to buyers in advance. In
addition the purchase of certain products may also require shoppers to agree to one or more End-User
License Agreements (or "EULAs") that may include additional terms set by the product supplier rather
than by Us or operated by TERRAVERSE LTD services provider. You will be bound by any
EULA that
you agree to.
We and/or entities that sell products on our website by using operated by TERRAVERSE LTD
services are primarily
responsible for warranty, maintenance, technical or product support services for those Products. We
and/or entities that sell products on our website are primarily responsible to users for any
liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of
your items resulting from charges imposed by your relationship with payment services providers or
the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us via Support Panel
Questions related to payments made through operated by TERRAVERSE LTD services provider
payment should be addressed to them.
Where possible, we will work with You and/or any user selling on our website, to resolve any disputes
arising from your purchase.
Thе Gainkit.com website is operated by TERRAVERSE LTD, a legal entity duly incorporated under laws
of United Kingdom and Wales, with its registration number 12729165, registered address is 128 City
Road, London, United Kingdom, EC1V 2NX.