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Terms and Conditions

Version 1.0, last amended 2018-10-19

  1. General Provisions
    1. These Terms and Conditions together with Privacy Policy and any other Website’s documentation are intended to provide information on ENEBA and provide for Customers the rules on purchase of Products in the e-shop run by ENEBA in the Website.
    2. These Terms and Conditions are applicable not only to Customers, but also to any anonymous users that enter the Website and by entering, such persons accept these Terms and Conditions, Privacy Policy and any other Website’s documentation.
    3. These Terms and Conditions apply for every Sales Contract between ENEBA and Customers regarding the purchase of Products. Before purchasing anything via Website, the Customers are encouraged to carefully familiarize with these Terms and Conditions. No purchase will be available without having Terms and Conditions and the Privacy Policy confirmed by the Customer.
    4. Please be advised that the Terms and Conditions may change from time to time in accordance to the procedure provided in Section 3 below. Before making any Order ENEBA strongly recommends to the Customers to read the Terms and Conditions in order to fully familiarize themselves with the particular terms on which the Order will be made.
    5. Terms of use for payment transactions via Website are defined in a particular document “ENEBA Pay Terms and Conditions”.
    6. Definitions: 
      1. Account – an account which gives a possibility for the Customer to use services provided in Website and get all of the benefits from it.
      2. Customer – a person who has registered an Account on the Website and has an intention to purhase a Product by using Services provided by ENEBA.
      3. ENEBA – UAB Helis play, with its registered office in Lithuania, with office at Gyneju St. 4-333, Vilnius, the Republic of Lithuania.
      4. Order – a placement of an instruction for purchase of digital goods or services by a Customer via the Website.
      5. Privacy Policy – rules that set personal data and privacy protection processes which is provided by ENEBA.
      6. Product – digital content which has the activation code and can only be used after it is activated on the Customer’s computer platform.
      7. Sales Contract – any contractual agreement between the Customer and ENEBA which obliges ENEBA to transfer the ownership of digital content to the Customer and the Customer to pay the price of it.
      8. Service – one of the services which are provided by ENEBA as described in these Terms and Conditions.
      9. Terms and Conditions – this set of rules that determines rights and obligations of Customers and ENEBA and use of Website terms.
      10. Website – a website which is approachable on the internet platform under the address: www.eneba.com.
  2. Applicability of the Terms and Conditions
    1. Customers who are prohibited from using the Website due to the regulations of the state or regional restrictions, including the country/region of current residence of the Customer and place of use of services, are hereby asked to refrain from using the Website.
    2. The Customer confirms that they are at least 16 (sixteen) years old or reached age under respective country’s laws which allow them to assume responsibility for obligations emerging from contractual relations and have a full capacity to take legal actions. Also, the Customer confirms that there are no restrictions under respective country’s laws to use services provided by ENEBA.
    3. ENEBA has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of Terms and Conditions on the Website. It is the Customer’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using of the Website and the Services, the Customer confirms being bound by all changes to the Terms and Conditions. The amendments of Terms and Conditions come into effect in 10 (ten) days after the announcement on the Website unless it is explicitly stated otherwise.
    4. ENEBA communicates with the Customer by sending e-mails or through the Website Account’s electronical system by leaving notices to them. The Customer unconditionally consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that ENEBA electronically provides meet any legal requirements of such communication in writing.
  3. Forming a Sales Contract
    1. Each Order placed by the Customer through the Website shall be deemed to be an offer by the Customer to buy Products subject to these Terms and Conditions. ENEBA has the right to verify Customer’s method of payment, billing and shipping addresses before accepting the Customer’s Order. ENEBA shall either expressly accept by giving notice of acceptance, or impliedly by fulfilling the Order, in whole or in part. Any form of acceptance by ENEBA will result into a Sales Contract between ENEBA and the Customer, governed by these Terms and Conditions.
    2. The Customer can purchase Products (codes) to activate games through the game's platform. No Order shall be considered to be accepted by ENEBA until the ordered Products (digital goods) have been made available and the Customer receives the relevant confirmation email. ENEBA shall attempt to notify the Customer in case ENEBA declines to accept an Order using the email address or other contact information the Customer has provided with the Order. Once the code has been validated (by being accepted by the platform), it will be considered as “used”.
    3. No terms, conditions or specifications – or any similar wording or document – endorsed upon, delivered with or contained in the Customer’s Order, shall form part of the Sales Contract entered into upon Order confirmation simply as a result of such document being referred to in the Sales Contract and the Customer waives any right which it otherwise might have to rely on such terms.
    4. ENEBA shall execute Orders to the Customer's requirements but may – at its sole discretion – provide substitute Products where requested by the Customer, or where the Product has been superseded by the latest version. For the avoidance of any doubt, any past accommodations of such Customer requests shall not be construed as past contractual performance upon which a Customer may require ENEBA to continue accommodating such requests in the future. To the extent that Orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back Order to be fulfilled when ENEBA next has available stock or be cancelled and refunded to the Customer.
    5. Both ENEBA and the Customer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not set out in the Sales Contract entered into upon Order confirmation or in any confirmation email; without however such confirmation email constituting an amendment of the Terms and Conditions governing such Sales Contract. Nothing in these Terms and Conditions shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.
  4. Termination and Refunds
    1. Considering the digital nature of the Products (keys) marketed and sold through the Website, the Customer may submit a request for a refund to the absolute condition that the purchased Product (code) has not been used. Refund requests have to be filled through the Customer Support section of the Site within 14 (fourteen) days of the delivery of the Product (key) by ENEBA to the Customer.
    2. In accordance with the law, the Customer has waived their right of withdrawal automatically as soon as the Product (code) has been redeemed. If granted, the refund process may take up to 14 (fourteen) days to be completed.
    3. Please note, that in specific cases ENEBA will not be able to check whether the Product has been used after the purchase. In such cases, the Customer by purchasing the Products waives their right to request a refund.
    4. If granted, ENEBA will refund you on the same payment source on which the original payment was made.
  5. Product Prices
    1. The prices of the Products will be as quoted on our Website from time to time. ENEBA takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, Section 5.3 will apply.
    2. Prices for ENEBA Products may change from time to time, but changes will not affect any already concluded Sales Contracts.
    3. ENEBA Website contains a large number of Products. It is always possible that, despite ENEBA reasonable efforts, some of the Products on the Website may be incorrectly priced. If ENEBA discovers an error in the price of the Products the Customer has ordered ENEBA will write to the Customer, to inform the Customer of this error and ENEBA will give the Customer the option of continuing to purchase the Product at the correct price or cancelling Customer’s Order. ENEBA will not process Customer’s Order until ENEBA will have Customers’ instructions. If ENEBA is unable to contact the Customer using the contact details provided by the Customer during the Order process, ENEBA will treat the Order as cancelled and notify the Customer. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by the Customer as a mispricing, ENEBA does not have to provide the Products to the Customer at the incorrect (lower) price.
  6. Users Accounts
    1. The person who wants to access all Services provided in the Website must register an Account however, user account will not be necessary in order to purchase Products in the Website. Registration proceeds by filling in all the necessary information into registration form which could be found in the Website. The person will be asked to submit his username, email address, password and other information. In order to complete registration, the person will have to accept Terms and Conditions and Privacy Policy and any other Website documentation, if any. Lack of providing any information which, in the sole discretion of ENEBA, is required in order to verify any such new user (regardless if such information is required in these Terms and Conditions), is considered grounds for refusal to proceed with the registration.
    2. Registration on the Website by the Customer is equivalent to such person having read, understood and accepted these Terms and Conditions in full, including the Privacy Policy and any other Website’s documentation, and has consented to the processing by ENEBA now and in the future, of personal data transferred to ENEBA during the Website registration process. Regardless of the abovementioned, a person who has not registered with the Website and has not obtained an Account, is also regarded as having accepted these Terms and Conditions, the Privacy Policy and any other Website’s documentation, from the moment he/she chooses to use any of the functionalities of the Website.
    3. All persons, who want to have access to all Services provided by ENEBA, must agree with the ENEBA requirement that they have access in using tools to localize Account’s computer device with the purpose to identify country from which the registration is performed.
    4. At any time if ENEBA thinks that the Account is at high risk of making damage to any person, ENEBA has all the rights to suspend the use of the Account by restricting access logging into the Account, withholding transactions and etc. After the risk is eliminated (in the sole discretion of ENEBA), ENEBA shall re-activate the Account. In the situation where the manager of an Account violates law or these Terms and Conditions, ENEBA has the right block the Account. ENEBA shall be entitled to suspend or block the use of the Account provided that in the opinion of ENEBA any other circumstances occur which may result in risk to any person or breach of laws.
    5. ENEBA also has the right to ask Customers to submit eligible documents (copies or scans) to authenticate appropriate information which was fulfilled in registration form. If required documents will not be submitted within 10 (ten) days, ENEBA has the right to suspend access to the Account or withhold any other actions taken by Customers.
    6. Customers are responsible for reasonable care of the Account and they must ensure that the e-mail address is up to date. ENEBA is not responsible for the situations where Customers do not receive information because of their negligence.
    7. In the situation where ENEBA decides that the Website must be modernized or it is having technical problems, ENEBA has the right to restrict the possibility of logging into the Account or using respective Services or even general access to the Website.
    8. Customers acknowledge that giving any information about their Account could cause damage to ENEBA or third persons. They are liable of securing that type of information and in the case where they fail to ensure that, Customers are responsible for eliminating all caused damage. 
    9. The Customer shall not use other Accounts and will not make their Accounts available to other Customer or any third parties. Exception to the rule in this Section above shall be for enabling any employees or other properly authorized persons of the Customer to act on behalf of the respective Customer. However, any and all responsibility for actions and outcomes of persons which had access to the Accounts of the respective Customer shall be assumed by the respective Customer.
  7. Terms and Conditions of Use
    1. In accordance with these Terms and Conditions, ENEBA grants Customers a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services provided by ENEBA. Such license is strictly limited to functionalities of the Website.
    2. Customers are bound not to abuse ENEBA services and only use it as it is established by law and these Terms and Conditions. Inappropriate use of services could cause negative effect to ENEBA or third persons and if Customers violated the use of Services, they are responsible for the elimination of all caused damage.
    3. All rights of ENEBA or their licensors, suppliers, owners or other persons are protected even if it is not expressly granted in these Terms and Conditions.
    4. Any intellectual property objects on the Website, except for those uploaded, transmitted, made available, published by Customers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Website constitute intellectual property of ENEBA. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights.
    5. Customers are obliged to read and accept Terms and Conditions and Privacy Policy, as well as any other Website’s documentation, in order to ensure the protection of their personal data. Customers undertake to perform any possible actions to not get into situation of personal data protection’s violation. 
    6. ENEBA is allowed to provide Customers hyperlinks on Website with other Product’s providers (i.e. banners, channels) leading them to the websites of such providers. ENEBA is not liable for the certainty, accuracy or trustworthiness of information submitted by mentioned providers. ENEBA recommends reading all documents in sites of providers. Customers acknowledge that ENEBA has no control in these providers actions.
    7. Customers including, but not limited to, confirm and state that they:
      1. they agree with Terms and Conditions and Privacy Policy, as well as any other documents of the Website;
      2. they will not act in a way it could have negative effect to ENEBA, Partners, other Customers or third persons with a result of caused damage, worsened reputation and etc.;
      3. they will not use ENEBA services on the Website or Website itself with illegal purposes or in another way which is not unacceptable;
      4. they will not take any actions which could violate laws, Terms and Conditions, Privacy policy or other documents;
      5. they will not use more than one Account for buying Products or using ENEBA services on the Website and will not use VPN connection;
      6. the representations and warranties indicated in Sections 1- 7.2above are mutatis mutandisapplicable to the Customers.
        All the actions mentioned above include attempts of performing one of them or creating circumstances for such actions to materialize.
    8. By posting or publishing their own materials on the Website or by any other distribution of such to ENEBA, the Customer grant an irrevocable, permanent and free of charge license, to use these materials, including, but not limited to, present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related and otherwise, for the sole purpose of more suitable functionality of ENEBA and the Website. 
  8. Obligations of ENEBA
    1. ENEBA will co-operate with Customers with regards to all of the questions related to appropriate provision of Services. Communication between ENEBA and Customers will proceed through the Website’s help center or e-mail.
    2. ENEBA will provide the Customers with technical support provided they encounter any problems in relation to the functionality of the Account and the Website.
  9. Obligations of Customers
    1. Customers agree and acknowledge, including, but not limited to, that:
      1. they agree with Terms and Conditions and Privacy Policy, as well as any other documents of the Website;
      2. they will not act in a way it could have negative effect to ENEBA, other Customers or third persons with a result of caused damage, worsened reputation and etc.;
      3. they will not use ENEBA services on the Website or Website itself with illegal purposes or in another way which is not unacceptable;
      4. they will not take any actions which could violate laws, Terms and Conditions, Privacy Policy or other documents;
      5. they will not use more than one Account for buying Products or using ENEBA Services on the Website and will not use VPN connection.
  10. Liability
    1. If ENEBA fails to comply with these Terms and Conditions, ENEBA is responsible for loss or damage the Customer suffers that are a foreseeable result of ENEBA breach of these Terms and Conditions or ENEBA negligence, but ENEBA shall not be responsible for any loss or damage that is not foreseeable to it. Loss or damage is foreseeable if they were an obvious consequence of ENEBA breach or if they were contemplated by the Customer and ENEBA at the time the Sales Contract was concluded.
    2. ENEBA only supplies the Products for domestic and private use. The Customers agree not to use the Products for any commercial, business or re-sale purposes, and ENEBA has no liability to the Customers for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. The Customer recognizes that ENEBA is only an intermediary platform for marketing the Products purchased through the Website and has absolutely no involvement in the actual design and manufacture of such Products and further agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
  11. Events Outside ENEBA Control
    1. ENEBA will not be liable or responsible for any failure to perform, or delay in performance of, any of ENEBA obligations under these Terms and Conditions that is caused by an Event Outside Our Control. An Event Outside ENEBA Control is defined below in Section 11.2.
    2. An Event Outside ENEBA Control means any act or event beyond ENEBA reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside ENEBA Control takes place that affects the performance of ENEBA obligations under these Terms and Conditions:
      1. ENEBA will contact the affected Customers as soon as reasonably possible to notify such; and
      2. ENEBA obligations under these Terms and Conditions will be suspended and the time for performance of ENEBA obligations will be extended for the duration of the Event Outside Our Control.
  12. Complaints
    1. If Customers have experienced any violation of their rights caused by ENEBA Services provided in Terms and Conditions and/or Privacy Policy, they have the right to file a complaint. The complaint must be sent to ENEBA by the Website’s internal messaging system or to e-mail which is specified Section 14.7. ENEBA puts its best efforts to have all complaints resolved within 14 (fourteen) days after receiving such.
    2. Complaint must provide this information:
      1. Order information regarding which the complaint arose;
      2. what rights have been violated;
      3. description of the circumstances under which the rights were violated.
    3. If the Customer has purchased the Product and did not use the activation code, within 14 (fourteen) days from making the Purchase, they have the right to request a refund. ENEBA is obliged to repay the money to the Customer and the Customer is obliged to return the Product to ENEBA.
    4. Any dispute, controversy or claim, arising out of or relating to these Terms and Conditions, their breach, termination or validity shall be finally settled in the respective court of the Republic of Lithuania subject to the rules of jurisdiction.
  13. Termination
    1. The Customer can terminate the agreement with ENEBA by removing his or her Account from the Website. It can be done by submitting the request at his or her Account’s system. ENEBA deletes the Account within 7 (seven) days after the day the request was submitted. During this period, the Customer has the right to cancel the removal of the Account. 
    2. ENEBA can terminate such agreement by deleting the Customer’s Account or blocking its access to the Website. The access can be blocked if there are any suspicions about illegal actions and it can last until the circumstances disappear or become eliminated. ENEBA deletes the Customer’s Account in situations where he or she grossly violates Terms and Conditions, Privacy Policy, laws or other documents.
    3. During the period of agreement termination, the Customer cannot create another Account on the Website.
  14. Final Provisions
    1. Privacy Policy and any other Website’s documentation are integral part of these Terms and Conditions and bind all registered Accounts.
    2. Without the permission of ENEBA, Customers have no right to transfer their obligations, claims or rights to third persons. Customers agree that ENEBA shall have the right to transfer its’ rights and obligations arising from the agreements to third persons. ENEBA will inform of such transfer in the Website.
    3. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
    4. These Terms and Conditions and the relations between ENEBA and Customers in respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the Republic of Lithuania.
    5. Except otherwise provided in these Terms and Conditions, no delay of ENEBA or Customer to exercise any right or to perform an obligation under these Terms and Conditions shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed or this right may not be exercised in the future.
    6. All the data and information stored in the Website can be used by ENEBA on purpose to its’ functioning.
    7. Communication with ENEBA support proceeds through the e-mail address support@eneba.com.
    8. Different countries’ laws may cause unavailability for some Customers to use respective services of the Website.
    9. In the event Terms and Conditions are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise.