Gaijin Trade Policy
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 14 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS DOCUMENT ACCORDING TO THE LAWS OF YOUR COUNTRY OF RESIDENCE. ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS, OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY, OR INTERPRETATION THEREOF.
This Gaijin Trade Policy (“Trade Policy”) constitutes a legal agreement between you (“User,” also “you,” “your,” “Player” in the EULA) and Gaijin (also “we,” “us,” or “our”) that is Gaijin Network Ltd with its registered address at 63, Office 302, 2003 Strovolos, Nicosia, Cyprus.
This Trade Policy shall be a part of the Terms and Conditions as defined in the Terms of Service and govern your use of Gaijin Marketplace available at https://trade.gaijin.net (“Gaijin Marketplace”), purchase and sale of the Objects via Gaijin’s Marketplace (as defined below) in our videogame(-s) (“Games” or “Game”) published by Gaijin on any platform (Windows, Xbox, PlayStation, iOS, Android, etc.), including, but not limited to, War Thunder, Star Conflict, CRSED: F.O.A.D., Enlisted, Age of Water, and other Gaijin’s videogames which have been installed by you, subject to your accepting our Terms and Conditions.
Before purchasing and using any Object, you shall read and accept this document and other Terms and Conditions, where you can learn how we deliver our Services and process your personal data.
The capitalized terms (words) not defined in this document should be interpreted as provided by the Terms of Service and EULA.
TERMS AND DEFINITIONS
For the purposes of this Trade Policy, the following terms shall have the following meanings:
“Account” means a personal Gaijin Account of the User.
“Agreement” means an Agreement between a Seller and a Buyer regarding the assignment of the Seller’s rights to use an Object and the acquisition of this right by a Buyer.
“Buyer” means a User who views a placed Offer and acquires the rights to use an Object by the conclusion of the Agreement through the Service.
“Coins” mean virtual currency that can be used to buy an Object, and the total amount of which is reflected in the Wallet. Coins are only intended to purchase Objects and cannot be exchanged for real money.
“Gaijin Marketplace” means a service that allows a User to sell or purchase virtual items (Objects) to or from other Users.
“Object” means the Game’s paid functionality licensed under EULA and expressed as in-game items of the corresponding Game, which could be sold and purchased on Gaijin Marketplace.
“Offer” means a Seller’s offer to assign their rights to use an Object posted on Gaijin Marketplace.
“Seller” means a User who posts an Offer on Gaijin Marketplace and offers to assign its rights to use an Object by the conclusion of the Agreement through Gaijin Marketplace.
“Wallet” means a prepaid balance of Coins with the help of which the User purchases Objects. Users may also place funds in the Wallet by different payment methods, and the money put will be automatically redeemed into Coins. If you need more information on available payment methods, please read “Replenishment of the Gaijin Store Balance” available on the Gaijin Support Platform.
1. GENERAL PROVISIONS
- By using or participating in Gaijin Marketplace, the User authorizes Gaijin to transfer those Objects from the User’s Account to the Buyer's Account to effect any sale the User makes.
- Gaijin may charge a fee for sales in Gaijin Marketplace. Any fees will be disclosed to the User before the completion of the sale. The Buyer shall pay any fees.
- If the User completes a sale or purchase in Gaijin Marketplace, the User acknowledges and agrees that they are responsible for taxes, if any, which may be due with respect to their transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales User makes in Gaijin Marketplace may be considered income of User for income tax purposes. The User should consult with a tax specialist to determine their tax liability in connection with their activities in Gaijin Marketplace.
- The User understands and acknowledges that Gaijin may decide to cease any operation between the Buyer and the Seller, change the fees it charges, or change the terms or features of Gaijin Marketplace. Gaijin shall have no liability to the User because of any inability to sell or purchase the Objects in Gaijin Marketplace, including because of discontinuation or changes in the terms, features, or eligibility requirements of Gaijin Marketplace.
- The User also understands and acknowledges that Objects sold or purchased are licensed under EULA, the User acquires the right of access to certain digital content and the right to use specific digital content which is limited by in-game mechanics and/or balance settings and other features of the behavior of a particular Object within the Game (which can be modified from time to time). The User acknowledges and agrees that changes in Objects' characteristics, design, or functionality should not be interpreted as changing such characteristics as performance, condition, and quality of the Objects provided under this Trade Policy.
The User hereby confirms and acknowledges that the Object may have no cash or any other material value and that Gaijin does not recognize any transfers of Objects made outside Gaijin Marketplace.
- Objects can be sold from the User’s Game inventory or otherwise, in the way provided by Gaijin Marketplace. The Seller can remove the Offer of any Object before the Object is purchased by another User. After the execution of the Agreement and transfer of the sold Object from the Seller’s Account to the Buyer’s, the transaction cannot be canceled by any party.
- Gaijin solely performs the intermediary function between the Seller and the Buyer and cannot be a party that posts Offers and concludes Agreements.
- Gaijin may but is not obliged to assist with resolving any disputes between Users. However, Gaijin does not control or guarantee (a) the existence, quality, safety, compliance, or legality of any Offers or Objects and/or (b) the reliability or accuracy of any Object’s descriptions. Gaijin does not recommend any Offers, Objects, Sellers, or Buyers. No information about any User posted on Gaijin Marketplace shall be deemed a recommendation or guarantee of Gaijin with regard to any User, particularly regarding the User’s reliability, safety, or whether such information is accurate. The User should always be cautious and careful when entering into Agreements.
- The Seller may not transfer any Object obtained or acquired in violation of the EULA.
2. REQUIREMENTS FOR ACCESS TO GAIJIN MARKETPLACE
- Gaijin may set specific requirements and restrictions for using Gaijin Marketplace functionality or any components thereof, such as obligatory additional verification or history of completed and canceled deals.
- Gaijin shall not bear liability for properly identifying the Users. However, to ensure the transparency of operations and prevent fraud incidents, Gaijin may demand the User to present identification documents or other data or carry out additional checks to identify or track the User's reputation.
- A User can be restricted from accessing Gaijin Marketplace:
- in case a User has not fulfilled access requirements specified in this section of the Trade Policy;
- in case the User’s Account functionality is limited because of spamming, phishing, etc., or the User’s Account is banned;
- in other cases, if Gaijin reasonably considers Gaijin’s rights or another User’s rights or legal interests may be violated in some way.
3. CREATION OF AN OFFER ON THE SERVICE
- When creating an Offer on Gaijin Marketplace, the Seller (a) shall provide complete and accurate information about the Object; (b) shall provide any information requested by Gaijin in the form of completion of mandatory fields or in any other manner, (c) shall guarantee that they are entitled to conclude the Agreement, (d) shall guarantee that the Object is viable and that the Buyer will be able to use it for the purpose described in the Offer.
- The Seller shall independently fix a price for the assignment of rights to use an Object at their discretion. The Seller may change the price for the Object at any time before the conclusion of the Agreement with the Buyer. The Seller may not demand that the Seller pay a fee exceeding the price specified in the Offer when the Agreement is concluded.
- Gaijin does not participate in the formation of the Offers. Therefore, Gaijin is not obliged to review Offers and their content, resources, links contained in Offers, reliability of the Sellers and Buyers (as well as their identification). In this regard, the quality, safety, legality, and correspondence of any Object to its description, as well as the Seller’s and/or the Buyer’s ability to enter and perform the Agreement, are beyond Gaijin's Involvement and control.
- Gaijin may block the Seller’s ability to post Offers and to conclude Agreements on Gaijin Marketplace if the Seller violates Terms of Service, Trade Policy, or other applicable documents.
4. REQUEST TO PURCHASE
- The User can place a request to purchase identical Objects. All such Objects are recognized as interchangeable. After the request to purchase is placed, the Object is selected and purchased for the User automatically as soon as this Object becomes available for purchase at a price the User specified in the request. If no requested Object is available at the set price, the request remains active until an Object at the right price (the set or lower price) appears on Gaijin Marketplace.
- Gaijin Marketplace may limit the maximum number of User purchase requests, and Gaijin can change the terms of such limitation at any time. The Object can be selected and purchased automatically only if the User has enough money in their Wallet.
- In case of multiple requests from different Users regarding the same Object, the oldest one shall be fulfilled.
5. EXECUTION OF AGREEMENTS
- Before the conclusion of the Agreement, the User shall read all the terms and conditions of an Offer, which the Seller provides on Gaijin Marketplace.
- The Buyer acknowledges and agrees that by pressing the “Buy” button or any similar button, the Buyer expresses their consent for the performance of the Agreement on the terms and conditions of the Offer. From this moment, the Agreement shall be deemed concluded.
- The Agreement is bilateral and is concluded directly between the Seller and Buyer.
- By entering into the Agreement, the Seller and the Buyer confirm that (a) they have thoroughly read and understand these Trade Policy terms and that they fully understand the subject matter and conditions of the Agreement, and (b) that they fully understand the meaning and consequences of their actions in entering the Agreement.
- Gaijin may place the transaction on hold, which means that Gaijin will delay Objects being transferred to the Buyer’s Account if Gaijin has a reasoned suspicion that the fraud can occur (for example, hijacker manages to access the User’s Account). The User can cancel any transaction which is on hold. If the User chooses to withdraw the transactions on hold and the User initiated the transaction in bad faith, Gaijin may restrict the Account from trading temporarily or permanently in severe cases.
- The Buyer will obtain all the Seller’s rights to the Object sold in a single transaction, and the Seller will retain no control or ownership over the Object at issue.
- All sales and purchases on Gaijin Marketplace are completed using Coins and the Wallet. Coins cannot be transferred to another Wallet or a bank account. The Objects are non-refundable (unless otherwise provided herein or otherwise in the Terms and Conditions) and may not be sold, transferred, assigned, redeemed, or exchanged for cash.
- The Company is entitled to charge a fee for sales on Gaijin Marketplace as specified in paragraph 1.2 of the Trade Policy.
7. ACTIONS PROHIBITED ON THE PLATFORM
- By using/accessing the Gaijin Marketplace User undertakes not to perform or promote the performance of any of the following actions:
- use Gaijin Marketplace in any other manner not stipulated in this Trade Policy and other applicable documents;
- offer as a Seller an assignment of rights to use any Objects in the absence of relevant rights;
- demand, accept or make any payment for an Object using any means other than those offered on Gaijin Marketplace or specified in this Trade Policy;
- use robots, crawlers, bots, scrapers, or any other automated means or processes of access, collection of data or other content for any purposes whatsoever;
- avoid, bypass, delete, deactivate, damage, decode or in any other manner prevent the effect of any technical means used by the Company, the Company’s providers, or any other third parties to protect Gaijin Marketplace;
- use any software or hardware to bypass any limitations of the Service’s functionality, which have been put in place to comply with the applicable law for Users accessing Gaijin Marketplace from a specific territory;
- perform any actions causing damage or negatively influencing or capable of doing harm or negatively impacting the successful operation or proper functioning of Gaijin Marketplace as its integral part.
8. TERMINATION OF EULA OR GAIJIN ACCOUNT
Terminating the Gaijin Account, EULA, or Terms of Service will lead to the loss of your Objects purchased or otherwise obtained, including unused ones. For more detailed information on termination, please see Section 12 of EULA and Section 3 of the Terms of Service.
In all other aspects regarding the purchase, use, and disposal of Objects and functioning of Gaijin Marketplace, which are not specified by this Trade Policy, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, update and modification, severability, assignment and termination, the relevant provisions of Terms of Service and EULA shall apply.
10. CONTACT US
To contact Gaijin, please use our Support Service website currently available at: https://support.gaijin.net.
Last updated: 12.09.2023