Terms and Conditions - Instant Gaming (2024)

INSTANT-GAMING

ACCESS CODES FOR DIGITAL CONTENT - TERMS AND CONDITIONS OF SALE

Please read the following important terms and conditions before you purchase any codes for digital games and/or content through this website.

1. Who we are?

1.1. These are the terms and conditions (“Terms”) upon which Aliasing DMCC, a private companyincorporated under the laws of United Arab Emirates under company registration numberDMCC179752 and having its registered office at Office Unit 1204, Jumeirah Business Center 3,Cluster Y, Jumeirah Lakes Towers, Dubai, UAE (“Instant Gaming”, “we”, “us”, “our”) sell andsupply access codes to digital content to you through the website www.instant-gaming.com andthrough our mobile applications (“Website”).

1.2. Our Website lists various digital content, e.g. downloadable game titles and other downloadablecontent (“Content”). We sell on the Website official keys, issued by the publisher and/or thedeveloper of relevant Content (“Developer”), which allow the user to unlock, access anddownload the relevant Content from the Developer’s platform (“Code(s)”). We are not theDeveloper of the Content and we do not own or operate the Developer’s platform. In addition tothese Terms, you may also be subject to the Developer’s end user licence agreement and otherterms related to its Content and its platform.

2. Our Group Company

2.1 One of our group companies, Transactial Limited, an Irish limited company with companynumber 664195, VAT number IE3684378BH and registered office at at Harcourt Center, Block 4,Harcourt Road, D02 HW77 Dublin Ireland (Irish Company) provides various services in conjunctionwith your purchase and redemption of Codes including the processing of your payments dependingon the method of payment selected by you when purchasing Codes, customer services,technical support, managing of your cancellation rights and issuing you a refundor other payment where applicable.

3. How to contact us

3.1. You can contact us through the support and ‘contact us’ links on the Website(https://www.instant-gaming.com/en/support/) or by logging into your User Account (definedin section 4.1) and logging a customer support request or ticket or by writing to us at[emailprotected]. Irish Company manages customer services and technicalsupport queries on behalf of Instant Gaming.

3.2. If we have to contact you we will do so by the email address you provided in your User Accountsettings.

4. About you

4.1. In order for you to buy Codes from us through the Website you need to have a valid user accountfor the Website (“User Account”), have a valid payment method that we accept, be authorisedto use that payment method (e.g. it is in your name or you have the right to use it) and a mobile,computer, television, watch or other supported device (“Device”) that is capable of accessingand downloading the Content. You must keep your User Account details secure and must notshare them with anyone else.

4.2. If the law in your country considers you to be a minor you must have your parent’s or legalguardian’s permission to purchase Codes from us and to enter into these Terms.

4.3. Some Content are subject to age restrictions and therefore Codes for such Content will not besold to persons who have not reached the relevant age where we are aware of this fact. Youmust comply with any age restrictions that may apply to the purchase and use of any Content.If the law in your country considers you to be a minor you and your parent or legal guardian areresponsible for ensuring you purchase age appropriate Content.

5. Your device and data

5.1. Before you place your order you should check that the hardware and software requirements ofyour Device will allow you to access and download the Content. Please click on the ‘information’button for your chosen Content for the minimum and recommended hardware and softwarerequirements, as issued by Developer.

5.2. You are responsible for any access or data fees from third parties (such as your internet providerand mobile carrier) in connection with your use of the Website including your purchase of Codesand your downloading and access of Content. Please check the file size of your Contentcarefully as using too much data might mean that you exceed your data limit and you could facepaying more than you were expecting.

6. Your privacy and personal data

6.1. Any personal data that you provide to us will be dealt with in accordance with our Privacy Notice,which explains what personal data we collect from you, how and why we collect, store, use andshare such information and your rights in relation to your personal data. Our Privacy Notice isavailable at https://www.instant-gaming.com/en/privacy-policy.

6.2. For partners that wish to collaborate with us, we may use Youtube API Services andyou will be bound by Youtube Terms of Services that you can access on the following link:here

7. Our contract with you

7.1. Applicable terms. When buying any Codes through the Website you will be entering into acontract with us for the supply of Codes to access and download Content from the Developer’splatform. You will be legally bound by all of the following terms:

7.1.1. these Terms;
7.1.2. our Terms of Use, which govern your access and use of our Website;
7.1.3. our Affiliation Program terms and conditions and any documents referred to in them, if you are a member of our Affiliation Program;
7.1.4. our IG Credits terms and conditions, if you are in receipt of any IG Credits; and
7.1.5. extra terms which may add to, or replace some of, this contract. This may happenfor security, legal or regulatory reasons. We will contact you to let you know if weintend to do this by giving you 30 days’ notice. You can end this contract by givingus 30 days’ notice by email to [emailprotected] if we tell you extra termsapply which you do not agree.

7.2. Specific terms which apply to certain Content. We sell Codes to access and downloadContent but we are not the Developer of the Content. It may be necessary for you to visit aDeveloper’s platform in order to verify your Code (see section 10) and download the relevantContent. In addition to the terms of this contract you must also comply with the Developer’s enduser license agreement and other terms related to its Content and its platform. If you want tosee these specific terms, please visit the relevant webpage for the Content and click on the‘information’ button before making your purchase.

8. Key information

8.1. We only sell Codes for Content which you can download to your Device from the Developer’splatform. All Content displayed on the Website for which we sell Codes are accompanied by themain characteristics of the relevant product including the version or edition of the Content, which2may not be the latest version or edition, details of any base game title to which the Code andContent relates and details of where you can find the Developer’s end user licence agreement.Content images on the Website are for illustrative purposes only. Content descriptions mayinclude video and still images that do not represent actual gameplay.

8.2. After you purchase Code for specific Content you can contact the customer services team inthe Irish Company, as described in section 3.1, if you have any support queries.

8.3. We do not provide upgrades or updates to your Content after you purchase Codes from us andwe do not let you know if the Developer of your Content makes any upgrades or updatesavailable to you or generally available. The Codes you may purchase from us only allow you toaccess and download Content. The Codes you may purchase from us do not entitle you to anyupdates, upgrades, new releases or new versions of the Content unless the Developer of yourContent provides any of these to you in accordance with the Developer’s end user licenceagreement or other agreement with you. However, in most cases the Developer will requireadditional payment from you for updates, upgrades, new releases or new versions of Content.

9. Ordering from us

9.1. Placing an order. You can place an order for a Code for specific Content by logging into yourUser Account, clicking on your chosen game title or other digital content; choosing any availableeditions or features; clicking the ̈Buy’ button; checking your order summary; confirming youracceptance of these Terms, choosing your payment method and clicking the ‘Pay’ button.Please read and check your order carefully before submitting it. If you need to correct any errorsyou can do so on the Website before submitting it to us. When you place your order at the endof the online purchase process (e.g. when you click on the ‘Pay’ button), this does not mean wehave accepted your order. We will send you our Confirmation Email (see section 9.3 below) ifwe accept your order.

9.2. If we cannot accept your order. We reserve the right not to accept your order. We may contactyou to let you know that we are unable to accept your order. This might be for one or more ofthe following reasons:

9.2.1. the Content is unavailable;
9.2.2. the Code for the particular Content is unavailable;
9.2.3. we and/or the Irish Company cannot authorise your payment;
9.2.4. you are not allowed to buy the Code and/or the Content;
9.2.5. we are not allowed to sell the Code to you; and/or
9.2.6. there has been a mistake on the pricing or description of the Code.

9.3. How we will acknowledge and accept your order. If we accept your order we will normallysend you an email to confirm this (“Confirmation Email”). At this point a legally binding contractwill be in place between you and us, and performance of the contract begins.

9.4. Access to your Code. When we accept your order and you receive our Confirmation Email youwill be able to access the Code for the relevant Content in your User Account. The ConfirmationEmail does not include the relevant Code. You must access the Code through your UserAccount. Please see section 10 below for details on how to use your Code to access yourContent.

9.5. Pre-orders. You may be able to pre-order Code for unreleased Content. Pre-orders are madein the same way as described in section 9.1 above. We will send you our Confirmation Email ifwe accept your pre-order and the Irish Company will take payment from you to secure the pre-order on our behalf. You will not receive your Code until the Content is generally released bythe Developer. We will send you an email to let you know when your Code is available in yourUser Account, which will not be before the Content is generally released by the Developer. You3can cancel your pre-order for this Code by sending us an unequivocal request to cancel by emailat [emailprotected] at any time up to the point at which we send you an email tolet you know when your Code is available in your User Account. After this, your right to cancelwill only be in accordance with sections 12.2 and 12.3 below or as otherwise provided underthis contract. We will need to cancel your pre-order and issue you a refund if the Codes for theContent are withdrawn from sale through the Website before the Content is generally releasedby the Developer and we reserve the right to cancel your pre-order and issue a full refund in theevent the price changes before the Content is generally released by the Developer and theCode is made available to you in your User Account. Irish Company manages cancellations ofpre-orders and the payment of eligible refunds on behalf of Instant Gaming.

9.6. Unusual activity. Very occasionally we may need to refuse or cancel an order or close or freezea User Account even if we have previously confirmed an order, for example if we identifysomething unusual on an order or a User Account. If this happens to you and you think we havemade a mistake please get in touch with the customer service team (see section 3.1 above).

10. Accessing your Code and Content

10.1. Using your Code. Once you have clicked on the ‘Pay’ button (see section 9.1) and receivedthe Confirmation Email (see section 9.3) you will be able to access your Code in your UserAccount, unless you made a pre-order (see section 9.5). You will be given the option to useyour Code to access and download the Content on the Developer’s platform. In most cases youwill need to visit the Developer’s platform in order to verify your Code to access and downloadthe relevant Content. The Code will be considered as “used” once it has been accepted andvalidated on the Developer’s platform.

10.2. We are not responsible for delays outside our control. If something happens to our Websiteor the means we make available or accessible to you to access your Code which is outside ofour control that affects you being able to access and download Content we will use ourreasonable endeavours to inform you of when you can expect to be able to access your Codeor we will take steps to minimise the effect of the delay. Provided we do this we will not be liablefor delays caused by the event, but if there is a risk of substantial delay you may contact us toend the contract and receive a refund for any Code you have paid for but not received (seesection 12 below).

10.3. Account banned or closed on the Developer’s platform. We are not responsible for or liableto you and we will not refund you the price paid for any Code if you are unable to use any Codeor your access to relevant Content is declined, blocked or stopped because you are banned(whether temporarily or permanently) by the relevant Developer from accessing and/or usingthe Developer’s platform.

11. Price and payment

11.1. Where to find the price for Codes. The price payable for Codes is the price displayed inconjunction with the particular Content on the order pages when you place your order. The pricefor Codes will generally default to the national currency for the location from which you accessthe Website. You may select an alternative currency from the options made available on theWebsite. In which case, the price for Codes will be displayed and paid in your chosen currency.If VAT is payable on our sale of Codes the price we display will include VAT at the applicablerate. Prices do not include the cost of mobile data or any other costs charged by your mobilecommunications provider. Pricing and availability of all Codes displayed through the Websiteare subject to change at any time prior to purchase.

11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your orderdate and the date we supply the Content, we will adjust the rate of VAT that you pay, unlessyou have already paid for the Content in full before the change in the rate of VAT takes effect.

11.3. What happens if we got the price wrong. Sometimes we may mistakenly publish the wrongprice or product information. If this happens to Codes you have ordered we will tell you as soonas possible by email and give you the chance to reconfirm your order (at the correct price orwith other correct information) or cancel the order. If we do not hear from you we will treat your order as cancelled. If you cancel and have already paid us we will refund you in full. IrishCompany manages the payment of eligible refunds on behalf of Instant Gaming.

12. Your rights to end the contract

12.1. Ending the contract because of something we have done or are going to do. If you areending your contract with us for a reason set out at sections 12.1.1 to 12.1.5 below the contractwill end immediately and the Irish Company will, on our behalf, refund you in full for any Codewhich has not been provided and you may also be entitled to compensation. The reasons are:

12.1.1. we have told you about an upcoming change to the Code, Content or these Terms which you do not agree to;
12.1.2. we have told you about an error in the price or description of the Code you haveordered and you do not wish to proceed;
12.1.3. there is a risk that the supply of the Code may be significantly delayed because ofevents outside our control;
12.1.4. we have suspended supply of the Code for technical reasons, or notify you we aregoing to suspend them for technical reasons, in each case for a period of more thanforty-eight (48) hours; or
12.1.5. you have a legal right to end the contract because of something we have donewrong.

12.2. Changing your mind. You can cancel your order for Codes at any time during the 14 days afterthe day we send you our Confirmation Email.

12.3. No right to cancel this contract once you validate your Code. When you buy Code from usand use your Code (see section 10.1) you agree and consent to the immediate performance ofthis contract and that you waive any statutory right of withdrawal or cancellation you may have.Therefore, you do not have a right to change your mind and receive a refund once you use yourCode for the purpose of downloading Content.

12.4. Tell us you want to end the contract. To end the contract with us where you have a right todo so, you must inform us of your decision to cancel by an unequivocal statement. You canelectronically submit the model cancellation form to the Irish Company through the support tabof our website www.instant-gaming.com who will process it on behalf of Instant Gaming. If youuse this option, we will communicate to you an acknowledgement of receipt of such acancellation on a durable medium (e.g. by email) without delay.

12.5. Refund. If you are entitled to a refund because of:

12.5.1. your cancellation of the contract in accordance with section 12.2 and 12.4; or
12.5.2. a remedy owed to you under section 16.2;

we will refund you the price you paid for the Code by the method you used for payment (unlessyou otherwise agree) within 14 days of you telling us of your decision to receive a price reductionor to cancel or terminate the contract in accordance with these Terms. Irish Company managesthe payment of eligible refunds on behalf of Instant Gaming.

13. Permission to use Content

13.1. content license. When you buy a Code in accordance with these Terms you will not own therelevant Content. Instead you will receive from the Developer permission to use the Content(also known as a ‘licence’) for the purpose of you using and enjoying it according to theDeveloper’s end user licence agreement.

13.2. Other rights reserved. Except where you have permission to use the Content in accordancewith section 13.1 you will not obtain any rights of ownership or other rights of whatever naturein the Content or in any copies of it. All right, title and interest in and to the Website, the Codeand the Content not expressly granted to you under these Terms are reserved. Your use ofContent will be governed by the additional terms and conditions of the end user licenseagreement between you and the Developer.

13.3. Restrictions. The Code you purchase is personal to you. You can use it wherever you want inthe world but only if you comply with local laws, the terms of this contract and the Developer’send user licence agreement. The Content is non-exclusive to you, so the Developer may supplythe same or similar Content to other users. The Content may be used only on one Device. TheContent may not be copied by you except for a reasonable number of necessary back-ups;changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineeror decompile it or try to extract the source code from it, except where any of this is allowed bylaw); combined or merged with, or used in, any other computer program; or distributed or soldby you to any third party. The Content does not include any updates, upgrades, new releasesor new versions. The Content contains information which is owned by third parties. You mustnot conceal, change or remove any markings which show who owns this information, such ascopyright (©), registered trade mark (®) or unregistered trademark (TM) markings.

14. Our rights to end the contract

14.1. We may end the contract for Codes at any time by contacting you by email if:

14.1.1. you breach any of the terms of the contract (i.e. any of these Terms or the termscontained in the other documents listed in section 7.1);
14.1.2. your payment card or other method of payment fails and/or is cancelled after wesend you our Confirmation Email; and/or
14.1.3. any of the circ*mstances set out in section 9.6 occur.

14.2. If this contract is terminated by us:

14.2.1. it will not affect our right to receive any money which you owe to us under thiscontract;
14.2.2. your access to the Website and/or your User Account will end without refund orliability to you;
14.2.3. your rights to use Code will be revoked without refund or liability to you; and
14.2.4. this will not affect provisions of the contract that are said to operate or have effectafter termination and will not affect any existing rights or obligations or any rights orobligations which are intended to commence on or continue after termination of thecontract.

14.3. You agree that no court order will be required to effect termination of this contract by either youor us where the termination is made in accordance with its terms.

15. Nature of the Codes and the Content

15.1. You may be entitled to certain legal rights in relation to the Codes we sell and the relevantContent for example that they are of satisfactory quality, fit for purpose and matches theirdescription. We will comply with applicable consumer laws when selling Codes. When we supplya Code we will use reasonable endeavours to ensure that it is free from defects, viruses andother malicious content. We do not promise that the Content is compatible with any third partysoftware or equipment except where we have said that it is on the Website. You acknowledgethat the Code and/or the Content may have minor errors or bugs in it.

16. Faulty Codes

16.1. Once a Code you have purchased is made available or accessible to you, you should check theCode as soon as reasonably possible to ensure that it functions and performs as stated, andnotify us as soon as reasonably possible if you find any errors or defect.

16.2. Please contact us using the contact details at the top of this page, if you want: us to replace theCode; a price reduction; or to reject the Code and get a refund.

16.3. To avoid faults in the Codes happening, you must:

16.3.1 ensure that if it is necessary for you to have a particular base game title in order touse Content, you: (i) have the version of the base game title that corresponds withthe Content to which the Code relates; and (ii) have installed to the base game titleall necessary fixes, updates and upgrades which the relevant Developer makesgenerally available from time to time. We will not be liable for any non-conformity ofthe Code due to you not having the necessary version of the base game title and/ornot installing a fix, update or upgrade after the relevant Developer makes thisgenerally availability;
16.3.2. use it and the Content only on the recommended third party software and equipmentset out on the Website and on the Developer’s Website; and
16.3.3. not communicate or share the Code with anyone else, as it can only be used once.

16.4. You agree to cooperate with us where reasonably possible and necessary so we can determinewhether any fault with the Code is caused by your Device (e.g. hardware, software and anynetwork connection used by you to access and use the Code).

17. Limit on our responsibility to you

17.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is aforeseeable result of our breaking this contract or our failing to use reasonable care and skill,but we are not responsible for any loss or damage that is not foreseeable. Loss or damage isforeseeable if either it is obvious that it will happen or if, at the time the contract was made, bothwe and you knew it might happen, for example, if you discussed it with us during the salesprocess.

17.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence ofour employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breachof your legal rights in relation to the Codes.

17.3. If defective Codes which we have supplied damages a device or digital content belonging toyou and this is caused by our failure to use reasonable care and skill we will either repair thedamage or pay you compensation. However, we will not be liable for damage which you couldhave avoided by following our advice or that of a Developer to apply an update offered to youfree of charge or for damage which was caused by you failing to correctly follow installation orother instructions or to have in place the minimum system requirements advised by us and/orthe Developer.

17.4. We only supply Codes for domestic and private use. If you use Codes for any commercial,business or re-sale purpose we will have no liability to you for any loss of profit, loss of business,business interruption, or loss of business opportunity.

18. Other important terms

18.1. Transferring rights. We may transfer or assign our rights and obligations under these Termsto another organisation. You may only transfer your rights or your obligations under these Termsto another person if we agree to this in writing.

18.2. Severability. Each of the sections of these Terms operate separately. If any court or relevantauthority decides that any of them or part(s) of them are unlawful, the remaining sections andparts will remain in full force and effect.

18.3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insistimmediately that you do anything you are required to do under these Terms, or if we delay intaking steps against you in respect of your breaching these Terms, that will not mean that youdo not have to do those things and it will not prevent us taking steps against you at a later date.

18.4. Rights and remedies. The rights and remedies provided under the Terms are in addition to,and not exclusive of, any rights or remedies provided by applicable law.

18.5. Governing law: These Terms are governed by Irish law. Any dispute will be subject to thejurisdiction of the Irish courts. Nothing in this section 18.5 limits or excludes any mandatoryconsumer protections applicable in the country of your residence which we are obliged to adhere.

18.6. Time: References to time shall be construed by reference to the Gregorian calendar.

19. Update to these Terms

19.1. We may amend these Terms from time to time. Please check these Terms each time you orderCodes to ensure you agree with the Terms that apply at that time, as any such new Terms willapply to all subsequent purchases. Any changes to these Terms made after our acceptance ofyour order will not affect your order.

19.2. These Terms were last amended on November 2th 2023. Previous versions of these Terms,including their effective dates, are availablehere.