This is important: Please, ensure to read this Agreement (hereinafter — ‘Agreement’ or ‘Terms and Conditions’) carefully. The text of this agreement is a public offer of obtaining digital goods (hereinafter — ‘digital goods’ or ‘services’). By ordering, buying or using in any way any services provided by the current resource https://mywarcraft.store/  “DRIFTBAY LIMITED” (hereinafter — ‘DRIFTBAY’, ‘Platform’, ‘We’ or ‘The Website’), by performing any actions aimed at placing orders on the Website or fulfilling its conditions, you unconditionally and irrevocably agree to the terms of the public offer described below. If you do not agree with any of the provisions of the current Agreement, you are not eligible to confirm your registration, use any services provided by the Website, buy or exchange goods via the functional capacity of this Website.

The Agreement regulates the relations between You (also referred to as ‘the User’, ‘the Customer’ or ‘the Client’) in the capacity of a buyer and DRIFTBAY (hereinafter also referred to as ‘Parties’ or, if separately, ‘the Party’). The Agreement defines the key notions and conditions, obligations and rights of each Party in deal-making, the usage of instruments, applications and any other services provided by the DRIFTBAY.

The Agreement is drawn up in accordance with the Consumer Rights Act (2015), the The Digital Economy Act (2017), the Electronic Commerce (EC Directive) Regulations (2002), Directive (EU) 2019/770 on Certain Aspects Concerning Contracts for the Supply of Digital Content, Digital Services and Directive 2011/83/EU on Consumer Rights and Directive 2000/31/EC (E-Commerce Directive). 

The Agreement is compliant with the Data Protection Act (2018) and the General Data Protection Regulation (GDPR). 

DRIFTBAY LIMITED
Address: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

Registration number: 16160254

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales.

Regardless of the actual reading of the text, if you:

• placing order for payment for the digital goods of the Website, then, in any case, you are considered familiar with the text of this Agreement;
• pay the digital goods on the Website, you are considered familiar with the text of this public offer and fully and unconditionally accept its terms, and all your opposite statements will be considered null and void;
• in fact, you do not create and/or pay the digital goods on the Website, but you do any actions to fulfill the terms of service, you can be admitted as the Customer (with the subsequent obligation on your behalf to pay for the digital goods), and you will be bind by rights and obligations according to the text of this offer.

All risks and responsibility for not reading this offer are solely yours. The Website Owners do not bear any responsibility for not familiarizing you with the text of this offer, which is freely available on the Website.

1. Terminology

1.1. The ‘Client’ is an individual/legal entity irrespective of sex, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership in public associations, and other circumstances that meet ALL of the following criteria:

• adequacy;
• good faith;
• full civil and legal capacity,
• who is interested and/or applied for the obtaining digital goods on the Website.

Such a person has previously familiarized themselves with the text of this offer, as well as with the available materials of the Website and voluntarily, i.e., without any exceptions and reductions, without any vices of will, in the absence of any misconceptions and misperceptions of the conditions set forth, expressed in any way the desire to acquire the digital goods on the Website.

1.2. The ‘Game’ is an interactive computer on-line game, which is a computer program, according to the list of available on the Website.

1.3. The ‘Digital good’ is a game resource (gold, coins, money, mana, etc.), recognized by the rules of the relevant game by the game means of payment or other game conditional unit, which is a measure of one or another game value, progress in the game, etc.

1.4. The ‘Game account’ is an account containing information about the player, their game character and their progress in the game.

1.5. The ‘Website’ is an Internet site hosted under the domain name https://mywarcraft.store/, as well as all the pages it redirects to.

1.6. ‘Website Owners’ – the entity who offered this offer – DRIFTBAY LIMITED.

1.7. ‘Offer’ (contract) – this proposal containing all the essential terms of the contract for the provision of digital goods, and addressed to any person who will respond to it.

1.8. ‘Personal account’ (account) of the Client – an individual section of the Customer on the Website, containing all the necessary materials according to the service chosen by the Client, which is entered into by the Client using individual credentials (login and password).

2. Basic Provisions

2.1. This public offer is the offer of the Website Owners, which is addressed to any and every civil and legal capable individual or legal entity wishing to become a client having the relevant will and intention to conclude an agreement on the conditions set forth below. From the moment of acceptance of this offer, the contract between the Website Owners and the Client will be deemed to be concluded.

2.2. Acceptance of the offer is purely voluntary.

2.3. Any circumstances that arise after the acceptance of this offer, which somehow interferes with the receipt of digital goods under the terms of the offer, do not relate to the circumstances of force majeure, are in the Customer’s responsibility area and are not grounds for unilateral refusal of the Client from the contract.

2.4. The conclusion of the agreement does not imply any, complete or partial, transfer to the Client of exclusive and other rights, including intellectual property objects belonging to the Website Owners or to third parties. 

2.5. The Website Owners under no circumstances guarantee and are not responsible for the fact that the result of the received digital goods corresponds or will correspond to the purposes, requirements and expectations of the Client, as well as any other person, and the Client agrees to the refusal of the responsibility of the Website Owners in this regard. Considering the specifics of the digital goods provided and the individual capabilities and characteristics of each character, the Website Owners do not bear any responsibility for the lack of a positive effect on the future success of the Client’s character in the Game process.

2.6. In cases when the payment of digital goods was made by a third party (the payer), the Website Owners are not liable for any financial risks caused by the revealed non-compliance of the Client with the requirements set forth in this offer. In all cases, such risks are borne by the payer.

2.7. The Website Owners are not responsible and under no circumstances will they compensate for any losses incurred or debts of the Customer that have arisen, arise or may arise during the period of its participation in the receipt of digital goods.

2.8. Website Owners have the right to amend or modify these Terms and Conditions at its own discretion. However, for any significant changes that may affect Client’s rights or obligations, we will notify you at least 30 days in advance. Notifications will be provided through the email address associated with the relevant Personal account or via a prominent notice on the Website. If the Client does not agree with the revised Terms and Conditions, they may terminate the Agreement and discontinue the use of the Website without penalty. Continued use of the Website after the notice period will constitute Client’s acceptance of the updated Terms and Conditions.

2.9. Website Owners have the right, without the limitation and consent of the Client, to transfer their rights and obligations under the contract, as well as to involve third parties for full or partial fulfillment of their obligations under the agreement, including on issues of payment under the contract, provision of information and consulting materials, etc.

2.10. The Client must independently monitor the changes in the offer by periodically acquainting itself with the current revision of the offer. The risk of any negative consequences for the Client, due to unacknowledged or untimely acquaintance with the current (actual) edition of the offer, is assigned to the Client.

3. Significant rules and procedures for obtaining the digital goods

3.1. Website Owners offers services of obtaining digital goods. 

3.1.1. Under no circumstances, we obtain access to your Game account, items, or resources.

3.2. To obtain the digital goods on the Website, the prospective client must perform the following actions:

3.2.1. read the text of this offer;

3.2.2. on the official Website, accessible to all Internet users, choose the digital goods desired for the acquisition.

3.2.3. place an order corresponding to the selected service package by selecting all the necessary fields on the Website and selecting the appropriate payment option for such a Personal account;

3.2.4. pay the the digital goods on time in accordance with the relevant instructions on the Website;

Payment for digital goods shall be made via a valid card issued by a bank acceptable by the Website or such other method of payment as the Website may accept from time to time at the Website’s sole discretion. The list of available payment methods will be shown to the Customer.

When placing an order, the Customer should choose the desired method of payment.

In case of payment by bank card, a secure window with a payment page will open, where it is necessary to enter your bank card details.

For additional authentication of the cardholder, security protocols of issuing banks are used. If the bank that issued the card supports this technology, the payer will be redirected to the server of the issuing bank for additional identification. Information on the rules and methods of additional identification should be specified in the bank that issued the bank card.

The personal information provided by the payer (name, address, telephone, email, bank card number) is confidential and is not subject to disclosure. The data of the payer’s bank card is transmitted only by encrypted networks and is not stored on the servers of the Website. The security of Internet payment processing is guaranteed by the acquiring bank.

All transactions with payment cards are in accordance with the requirements of Visa International and MasterCard WorldWide.

3.2.5. properly implement all recommendations submitted.

3.3. Accepting the terms of this offer, the Customer agrees to the terms and conditions of using third party services – payment systems, whose technologies are used on the Website, in order to ensure payment for services, as well as the possibility of a refund.

3.4. After receipt of payment from the Client Website Owners are required to provide the digital goods in due time and in volume in accordance with the order of the Client.

3.5. Digital goods may be delivered to the Client using one of the following methods:

• In-Game Face-to-Face Trading: this method involves meeting directly within the Game environment to exchange digital goods. It is considered the most secure option, as it allows for immediate verification of the transaction by both parties.
• In-Game Mail: digital goods can also be delivered through the Game’s mailing system, whereby the goods are delivered to the Client’s in-game character via a secure mail feature.

The Client is responsible for ensuring availability and accessibility within the Game to facilitate the chosen delivery method.

3.6. By purchasing the digital goods on the Website, you acknowledge:

• Their virtual nature and associated risks.
• Compliance with applicable Game rules and guidelines.

4. Restricted clients.

4.1. We reserve the right to restrict access to the Website, refuse service, terminate Personal accounts and cancel orders at our sole discretion. 

4.2. Our services are available only to individuals aged 18 or older. By using the Website, you confirm that you meet the minimum age requirement. We reserve the right to verify your age and may request proof of age at any time. Failure to provide sufficient evidence of your eligibility may result in the suspension or termination of your account.

4.3. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: 

(i) your actions; 

(ii) any charges associated with your use of any of the services; and 

(iii) your acceptance and compliance with these Terms and Conditions. 

If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Website.

5. Confidentiality. Processing of personal data

5.1. Website Owners ensure the confidentiality of the personal data provided to them during the conclusion of the contract, as well as the confidentiality of all data in the personal account/customer account.

5.2. Client shall ensure the confidentiality of information that has become known to the them in the performance of obligations under the Agreement or using the Website.

5.3. The full Privacy Policy of the Website is available at https://mywarcraft.store/privacy-policy/. By accepting this offer, the Client confirms that he is acquainted with the Privacy policy and accepts its terms in full.

6. Circumstances of force majeure

6.1. Website Owners and the Client are exempt from any responsibility for partial or complete failure to fulfill their obligations arising from the contract if their performance is prevented by extraordinary and insurmountable circumstances.

6.2. Under the circumstances of force majeure are deemed, in particular: death/liquidation of the Party, acts of God, earthquakes, fires, floods, other natural disasters, epidemics, accidents, explosions, military actions, as well as legislative changes that entailed the impossibility of fulfilling obligations under the contract.

6.3. In case of occurrence of force majeure circumstances for the party to the contract, such a party is obliged to notify the other party immediately after the occurrence of such circumstances. The term of performance of obligations under the contract is prolonged for the period of force majeure circumstances.

6.4. If the force majeure persists for more than 30 days, the Client may choose to terminate the Agreement and receive a refund for any undelivered goods.

7. Liability, dispute resolution

7.1. The parties are responsible for failure to perform or for improper performance of obligations under the contract in accordance with the legislation of England and Wales and the terms of this offer (concluded agreement).

7.2. All disputes and claims that arise on the basis of the concluded contract, or will otherwise be related to its conclusion, execution, modification or termination, both during and after the termination of its validity, are resolved in a pre-trial order, and if it is impossible to settle the dispute peacefully – any disputes arising from this Agreement shall be subject to the jurisdiction of the courts of England and Wales.

The condition on the place of hearing of cases is an independent agreement and retains its validity regardless of the validity and operation of the contract and is the basis for the application of procedural legislation on contractual jurisdiction.

Change of contractual jurisdiction is possible only if it is expressly stipulated by a separate agreement between the Client and the Website Owners.

The requirement to change or terminate this public offer can be claimed by the Client only in the event that the Client receives no answer form the Website Owners for a relevant offer within the time limits specified in clause 7.4. of this offer.

8. Term of the offer

8.1. This offer is valid until its withdrawal by the Website Owners.

8.2. The contract concluded as a result of the acceptance of this offer is valid from the moment of its conclusion until its termination, including until the moment of termination in accordance with the procedure provided for by the current legislation of England and Wales, as well as this offer (concluded agreement).

8.3. The moment of the contract conclusion is the moment of acceptance of the offer.

8.4. The contract can be terminated:

8.4.1. As a result of the unilateral refusal of Website Owners for any reason at any time by notifying the Client at least 1 (one) calendar day before the termination of the contract.

8.4.2. As a result of the unilateral refusal of the Client for any reason at any time by notifying the Website Owners at least 1 (one) calendar day before the termination of the contract. At the same time, actually fulfilled obligations of Website Owners are subject to payment, and the cost of unprovided digital goods is returned to the Client.

8.4.3. At any time by agreement between the Parties.

9. Other conditions

9.1. All legally significant notices and messages under the agreement are sent by Website Owners and the Client to each other, as a general rule, by electronic documents transmitted through communication channels, which allow establishing reliably that the document originates from the party of the contract, including information exchange using the Internet (including, but not limited by email).

If necessary, the parties also interact in writing by means of a postal service, using courier services for the delivery of correspondence or by handing them personally, by telephone, by telegrams, etc.

9.2. Interaction through electronic documents involves sending, receiving and storing legally significant and other information in electronic form.

All correspondence by means of electronic documents can be used as an unconditional confirmation of certain actual circumstances connected with the performance of the contract.

The e-mail address of the Client (e-mail) specified by them at registration, as well as the e-mail address of the Website Owners (e-mail) specified in the requisites of this offer, is considered to be the main channels of interaction under the agreement.

9.3. Printed documents from the designated mailboxes, including attachments to them, have the force of properly executed written documents in the absence of the latter.

9.4. In the event of a contradiction between a properly executed written document and a document printed out from e-mail, preference is given to a properly executed written document.

9.5. Each party is obliged to check every day all the folders, including the SPAM folder, of its electronic mailbox, which is considered the main channel of interaction under the contract, in order to receive messages and materials from the other party.

Any message sent to designated e-mail addresses is deemed to be delivered on the day it was sent.

Risks of non-receipt of messages and materials by e-mail or untimely receipt of messages due to unchecked or poor-quality verification of the e-mail box, any risks associated with problems in its work lie with the party that indicated such a box as its main channel of cooperation under the contract.

The risk of erroneous sending of a message on behalf of or from the address of the sending party rests with the sender-side that designated such a box as its own. A party may not invoke the invalidity or illegitimacy of a message sent from its e-mail address unless the sent message was directly and unequivocally disavowed by the sender within 24 hours from the date of sending.

9.6. Full or partial assignment of the right of claim by the Client under the contract is not allowed under any conditions.

9.7. The primary language for this Agreement is English. 

9.8. This offer and contract are governed and interpreted in accordance with the laws of England and Wales. Questions that are not settled by this offer (concluded by the contract) are subject to resolution in accordance with the legislation of England and Wales.      

All digital goods and/or services are provided at the Client’s risk. Website digital goods and/or services may be prohibited by the rules of some games, and the game administration has the right to impose sanctions or even to block the Client’s Game account. By purchasing the digital goods, the Client thereby agrees with these and confirms his awareness of this, freeing the Website Owners from any responsibility related to the foregoing.

DRIFTBAY may modify or amend these Terms and Conditions from time to time at its discretion. Substantial changes will be communicated via email or through a notification on the Website at least 30 days in advance. We encourage you to periodically review these Terms and Conditions to be informed about the relevant conditions.

Contact email address of the DRIFTBAY: info@mywarcraft.store