Terms and Conditions of Mediation
Preamble
MMOGA Ltd., 705 A, Silvercord, Tower 2, 30 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong (hereinafter: the 'mediator') is the operator of the international websites www.mmoga.de, www.mmoga.com, www.mmoga.es, etc. (hereinafter: the 'platform') and uses these to provide interested buyers with the sellers' digital and virtual goods within the framework of online games.
If translations of these Terms and Conditions of Mediation into any language other than German should prove to contain inaccuracies as a result of the translation process, the German version of the provisions shall be authoritative.
1. Subject Matter of the Mediation
(1) The seller distributes digital and virtual products in exchange for remuneration. The products are mainly gamecards/CD keys, level services (such as power leveling), and goods for online games (such as gold, weapons, points, coins, etc.).
(2) The mediator uses its platform to procure interested buyers for the sellers distributing the goods.
(3) At no point does the mediator have ownership of the digital goods.
2. Formation of the Mediation Relationship
(1) The seller contacts the mediator via an application form on the mediator's platform.
(2) During the application process the seller enters its name, contact details and a password of its choice into the application form. The seller must keep the password secret and, in particular, must not disclose the password to third parties.
(3) To complete the application, the seller must agree to these Terms and Conditions of Mediation by ticking a box which is provided for this purpose.
(4) If the mediator is interested in forming a mediation relationship with the seller, then the mediator and the seller enter into a Mediation Agreement.
3. Mediation Process for Digital and Virtual Goods
(1) The seller informs the mediator which goods it wishes to distribute to interested parties through the mediator. Once the seller and mediator have agreed on the goods to be distributed, the mediator puts the sales text and images of the seller's goods online on its platform. These sales texts and images, which feature a 'Buy' button, constitute the seller's non-binding offer to the buyer.
(2) Buyers can add desired products to their baskets on the mediator's platform by clicking the 'Buy' button. They can then either select more goods or complete the ordering process. In clicking the 'Order' button at the end of the ordering process, buyers make a legally binding offer to the seller for the respective products.
(3) The mediator forwards the buyer's order data to the seller through a database, enabling the seller to accept the offer. If the seller accepts the offer, MMOGA Ltd. will facilitate contact between the seller and the buyer.
4. Delivery
(1) If the seller accepts the buyer's offer, it delivers the product directly to the buyer.
(2) The seller determines the delivery method. Potential delivery methods include in-game mail, face to face, comfort trade, a mule account, a contract, an auction house, and email.
5. Commission
(1) The seller is generally obligated to pay the mediator commission for its mediation services.
(2) The amount of commission shall be determined by the relevant Mediation Agreement between the mediator and the seller.
(3) The mediator's entitlement to commission arises and becomes due upon the conclusion of the purchase agreement between the seller and the buyer on the mediator's platform.
6. Payment
(1) The buyer shall pay the seller the purchase price indicated by the seller on the mediator's platform. Payment is made directly to the seller via the platform and the mediator's account.
(2) At no point does the mediator automatically collect payments. Payment is made only after the seller verifies and accepts the offer and only if the payment is actively effected by the buyer. Before the buyer can select a payment method, feedback is sent via an interface to the seller, who will then check the buyer's offer. For the buyer, this process is visually represented by a loading symbol and the message 'Awaiting confirmation from the seller'. The seller's check generally only takes a few seconds. As soon as the check is complete, the buyer can select a payment method. Every time he/she places an order, the buyer must select a payment method and then enter his/her payment information on the payment page. The mediator then processes the transaction.
(3) Payment can be made via Sofort banking, PayPal, paysafecard, cellphone, credit card, Skrill, Giropay, Maestro, EPS (Netpay), Ukash, in cash, or by bank transfer. The seller reserves the right to refuse to accept certain payment methods or accept or demand other payment methods than those listed above.
7. Rights and Duties of the Seller
(1) The seller is entitled to commission several mediators in parallel.
(2) The seller must treat data sent by the mediator such as account data, customer data, or in-game data (such as a buyer's character name), in the strictest confidence and not transmit this to third parties in particular, or use it for its own commercial purposes.
(3) At the mediator's request, the seller must be able to provide proof to the mediator of the execution of the entire sales transaction, particularly in respect of the delivery of the product to the buyer.
(4) The seller guarantees that all taxes affecting the seller within the framework of the relevant Mediation Agreement and the purchase agreement between the seller and the buyer are duly paid.
(5) The seller undertakes not to infringe the rights of third parties, or to violate any agreements between the seller and the publishers of the online games, or to break the law, through the seller's offers or through any other activities connected to the sale of the digital and virtual goods. The seller must provide the mediator with written confirmation of this upon request.
8. Quality Assurance
The mediator regularly checks the quality of the mediation process.
This includes random checks of the quality of sellers, for example by making test purchases.
The mediator ensures in particular that digital and virtual goods cannot be sold from compromised gamers' accounts.
9. Liability
(1) Claims for compensation on the part of the seller against the mediator are excluded. This does not include claims for compensation of the seller resulting from injury to life, limb, or health, from the violation of essential contractual duties (cardinal duties) or liability for other damage resulting from an intentional or grossly negligent breach of duty on the part of the mediator, its legal representatives, or its vicarious agents. Cardinal duties are duties which must be carried out in order for the parties to achieve the purpose of the contract.
(2) With regard to the violation of cardinal duties, the mediator shall only be liable for the typical foreseeable damage for this type of contract if the damage was caused by ordinary negligence, unless the claims for compensation of the seller are based on injury to life, limb, or health.
(3) The restrictions set out in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the mediator if claims are filed directly against them.
(4) The regulations of the German Product Liability Act (ProdHaftG) remain unaffected.
(5) Independent representations and warranties remain unaffected.
(6) Liability for inaccurate price labeling, faulty performance or non-performance by the seller on the mediator's platform, and for any other breaches of contract or risks associated with the sale of the goods, rests exclusively with the seller. The risks and liability may not be passed by the seller onto the mediator.
10. Termination of the Mediation Relationship
(1) The Mediation Agreement may be ordinarily terminated by either party at any time and without giving reasons, subject to a notice period of one month.
(2) This does not affect the right to extraordinary termination for good cause.
(3) Good cause includes price agreements between sellers, for example. If the mediator becomes aware of any price-fixing among sellers, it is entitled to extraordinarily terminate the Mediation Agreement at any time. The mediator's right to extraordinary termination in this case is contingent on the involvement of at least one of the mediator's contractual partners in the price agreement. Good cause also exists if the seller does not deliver the product ordered by the buyer or does not do so within the delivery time indicated by the seller in its sales text next to the price and the 'Buy' button.
(4) Termination must be made in writing in order to be effective.
11. Applicable Law
The mediation relationship is subject to the UN Convention on Contracts for the International Sale of Goods.
12. Place of Jurisdiction
If the seller is an entrepreneur, corporate body under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the mediation relationship shall be the registered offices of the mediator. Otherwise, the legal place of jurisdiction of the parties shall be used.
13. Data Protection
The mediator collects personal data in connection with the mediation and execution of contracts. In doing so, the mediator adheres to the regulations of the German Federal Data Protection Act (BDSG) and Broadcast Media Act (TMG) in particular. The mediator only collects, processes, or uses the data without the consent of the party concerned to the extent that this is necessary.
14. Severability Clause
If any provision of these Terms and Conditions of Mediation should be or become ineffective, this shall not affect the validity of the rest of these Terms and Conditions of Mediation. The ineffective provision is to be replaced by a provision which best approximates the intent of the parties within the boundaries of the law. The same applies in the event of a loophole.