Terms of Sale of Gift Cards and Game Keys
Last Updated: April 20, 2024
IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY. BY PURCHASING A GIFT CARD OR GAME KEY FROM XBOXKING, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT PURCHASE A GIFT CARD OR GAME KEY. IF YOU HAVE ANY QUESTIONS ABOUT THIS DOCUMENT, PLEASE CONTACT US USING THE INFORMATION PROVIDED IN SECTION 13 BELOW.
THESE XBOXKING TERMS OF SALE FOR GIFT CARDS AND GAME KEYS (“Terms”), effective as of today (the “Effective Date”), are by and between XboxKing (“XboxKing,” “us”, “we”, or “our”) and purchasers (“Purchaser”, “you”, or “your”) of digital or physical gift cards (“Gift Cards”) and game keys or licenses (“Game Keys”) that XboxKing makes available for purchase through our website. Gift Cards and Game Keys are provided and honored by participating third-party retailers (“Vendors”,defined as the entities issuing and administering the Gift Cards/Game Keys). XboxKing does not assume any issuer obligations. Capitalized terms used in this Agreement have the meanings defined in the body of this Agreement. Your use of our website is governed by our Terms of Service.
Once you have received a written confirmation that your purchase of a Gift Card or Game Key has been successfully completed, your use of the Gift Card or Game Key is governed by the Vendor’s terms and conditions, as outlined in Section 4. “Vendor Terms and Liability” below.
1.Acceptance and Binding Agreement
By purchasing a Gift Card or Game Key from XboxKing, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not purchase a Gift Card or Game Key.
2.Modifications
XboxKing reserves the right to change, modify, add, or remove all or part of these Terms at any time without prior notice. By continuing to access or use our services, you are indicating that you agree to be bound by any modified Terms.
3.Gift Cards and Game Keys Purchase
XboxKing makes various Gift Cards and Game Keys available for purchase through our website. All Gift Cards and Game Keys are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, or to discontinue products without notice, even if you have already placed your order. The price charged to you for purchasing the Gift Card will be made available at the time of purchase.
4.Vendor Terms and Liability
Once you have received a written confirmation that your purchase of a Gift Card or Game Key has been successfully completed, your use of the Gift Card or Game Key is governed by the Vendor’s terms and conditions. Vendors retain sole discretion to impose additional restrictions on Gift Card redemption, including but not limited to regional limitations, expiration dates, and balance verification requirements. You must use the Gift Card or Game Key in accordance with the instructions provided by the Vendor. Similarly, the use of a Game Key to activate a game or access game content must comply with the Vendor's instructions and terms of service. If you have any questions about the applicable terms and conditions related to the use of a specific Gift Card or Game Key, please contact the corresponding Vendor. Vendors are fully responsible for any and all liabilities, damages, and costs suffered by you or any other customer in connection with your purchase and use of the Gift Card or Game Key. XboxKing has no liability for a Vendor’s failure to honor a Gift Card or Game Key. XboxKing also has no liability related to the sale or merchantability of any products, goods, or services provided by a Vendor, including any issues related to the activation, functionality, or use of Gift Cards or Game Keys.
5.Third Party Content
By using the services and purchasing Gift Cards or Game Keys, we may provide you with access to third-party websites, information, and services, including but not limited to third-party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that we do not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. XboxKing does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. XboxKing disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against us with respect to the content or operation of any such third-party websites and services.
6.Disclaimers
You hereby acknowledge that you are using the services at your own risk. The services and Gift Card and Game Key purchase website is provided “As Is”. In addition to the disclaimers, limits on liability, and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release XboxKing and its subsidiaries, affiliates, partners, officers, directors, employees, and agents from any liabilities, damages, and costs arising from or related to (i) your loss of or the theft of any Gift Card or Game Key; (ii) any act or omission of a Vendor in connection with a Gift Card or Game Key it provides; and (iii) any unauthorized use or misuse of a Gift Card or Game Key after it has been delivered to you. XboxKing and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Gift Cards or Game Keys, including without limitation any express or implied warranty of merchantability or fitness for a particular purpose.
All digital Gift Card transactions are deemed irrevocable and non-refundable upon transmission of the redemption code to the designated recipient. XboxKing shall not replace, refund, or remedy any Gift Card/Game Key except for undelivered codes verified through XboxKing's system logs or duplicate charges confirmed via bank statements.
7.Errors and Loss.
XboxKing, its affiliates, and its third-party service providers do not represent or warrant that access to the services will be uninterrupted or that there will be no failures, errors, or omissions or loss of transmitted information, or that no viruses will be transmitted through the services. In the event of an error, in processing a Gift Card or Game Key purchase or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. This may include changing the price to a corrected price. Risk of loss and title for all Gift Cards and Game Keys pass to you when you complete your purchase. It is your sole responsibility to keep the unique codes and identifiers associated with the Gift Card or Game Key safe. "Verifiable system errors" are strictly defined as:
(a) Undelivered codes evidenced by XboxKing's server logs;
(b) Duplicate charges confirmed via bank reconciliation;
(c) Invalid codes certified unactivated by the Vendor.
We are not responsible if your Gift Card or Game Key is lost, stolen, damaged, or destroyed, or if your Gift Card is used without your permission. XboxKing is not responsible for replacing your damaged or lost Gift Card or Game Key.
8.Resale.
You shall not resell Gift Cards and Game Keys to a third party.
9.Taxes(if applicable)
You are responsible for paying any applicable taxes related to your Gift Card or Game Key purchase.
10.No Returns
All sales of Gift Cards or Game Keys are final. Upon transmission of the redemption code (digital products) or shipment confirmation (physical products), the transaction is deemed complete. Consequently, all Gift Cards and Game Keys are non-refundable, non-exchangeable, and may not be redeemed for cash, except: (i) As required under applicable consumer protection laws; (ii) In cases of undelivered digital codes confirmed by XboxKing's system logs; (iii) Duplicate charges verified through bank statements and order records. Any refund request must be submitted within 14 days of purchase and accompanied by valid evidence as specified in Section 7 (Errors and Loss).
11.Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
12.No Waiver
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
13.Contact Us
If you have any questions or concerns regarding these Terms, please contact us at support@xboxking.com.
