Termes et Conditions & Politique de confidentialité
The website JemLit.com is owned and operated by D&P Websolutions Ltd (referred to below as the Company, Us, We, JemLit), registered office 20 Fitzroy Square, London W1T 6EJ.
All of the following terms and conditions are referred to below as the Terms. Before accepting the Terms, the User agrees to read it carefully. If You do not agree with the terms of this agreement, we urge You stop using the services of the website. Continuation of using the website is confirmation of Your agreement to the Terms.
GENERAL TERMS AND CONDITIONS
- LEGAL REQUIREMENTS
1.1 Valid Age
The User must be 18 years old (Valid age) to utilize JemLit.com. The use of the services of the Website is strictly prohibited for persons under 18.
The use of the services of the Website by a person younger than the Valid age is considered a violation of the Terms.
To ensure that persons who have not attained the Valid age, do not use the services of the Website, the Company reserves the right at any stage to require documentary proof of Your age. If the User fails to provide proof of his/her age or We suspects that our service is used by a person under the Valid age, the Company reserves the right to terminate Your use of JemLit.com, as well as in the issuance of Your purchased items with no refund of the amount spent on a Mystery ebox.
1.2 Rightful Use of the Service
The Company has no intentions to provide You with services that would be contrary to applicable laws of Your jurisdiction. You acknowledge, agree and warrant that Your use of the services on the Website complies with all applicable laws, rules and regulations of Your jurisdiction. The Company does not assume any responsibility for illegal or unauthorized use of the services of the Website.
1.3 Taxes and fees
You assume full responsibility for all taxes and fees that may be imposed in connection with any products resulting from use of the Website. If the gain is subject to tax by Your local (legislative, fiscal, etc.) authorities, You are responsible for reporting Your products to the appropriate authorities.
Cookies are necessary to ensure the health of the Website. The use of these files makes a visit to the Website more convenient and simple. More information about managing cookies can be found at www.aboutcookies.org. Ban or deleting cookies may limit Your access to some features and sections of the Website.
3. ACCOUNT REGISTRATION
To access JemLit.com, it is necessary to use desktop or mobile browser. In case of troubles while opening and/or using JemLit.com, the User should download a supported web browser or update it to the latest version.
The performance of the Website depends on the performance of Your device and the quality of Your Internet connection.
The User is solely responsible for managing his/her account and password and for keeping the password confidential.
The User is solely responsible for restricting access to his/her account. You agree to be the only responsible for all activities that occur on Your account or through the use of Your password.
In case You believe that a third party has accessed Your password, use the password regeneration feature as soon as possible in order to obtain a new password. In all circumstances, the User agrees not to allow any third party to use his/her account to use and/or access JemLit.com.
Upon registration of new account on the Website, the Company provides the User with a non-exclusive and revocable licence to access and use the Website. In order to register a new account You are required to provide Your personal data, including:
- date of birth;
- email address;
Each User may create only one Account which is non-transferrable and You should ensure that access to Your account is protected by keeping Your password secret at all times. The personal information the User provides to complete the registration will be verified to ensure that You do not already have an existing Account with Us.
TheAccount may only be used by the person who created it and no one else. The Company reserves the right to close Your Account in case of suspect that it is used by anyone other than You and/or You have not kept Your password confidential. The User will compensate the Company for all and any losses, damages, costs and expenses caused by any failure to keep the personal username and password strictly confidential.
- OBBLIGATIONS OF THE USER
4.1 Lawful use
The User agrees NOT TO use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.
The User agrees NOT TO choose an offensive username, make offensive comments, use the offensive or pornographic material or make potentially defamatory or provocative statements while using the chat or other social functions or any other part of the Website. The Company will not be liable to You for any loss that You may incur because of misuse of Your password and/or resulting from the unauthorized use, whether fraudulent or otherwise of any Account.
Information accessed by the User on JemLit.com, including (by way of examples but not limited to) results statistics, data related to unboxing and features are for Your personal use only and the distribution or commercial exploitation of such information is strictly prohibited.
4.2 Personal Details and Acceptance of the Terms
In order to register a new Account, the User is required to check and confirm his/her personal details, to confirm acceptance of the Terms. When You apply for registration of new Account You formally declare and guarantee to the Company as follow:
- that You are 18 years of age or over, of sound mind and capable of taking responsibility for Your own actions and that You can enter into a legally binding agreement with JemLit;
- that the personal data submitted in occasion of Your application to register a new Account is true, correct, accurate and not misleading and You will keep it up to date at all times;
- that You have not been sentenced for any financial crime such as money laundering or fraud and that You are not currently subject to any criminal proceeding;
- that You have not been declared Bankrupt and that You are not into any formal voluntary arrangement with creditors;
- that You will comply with all applicable legislation in the jurisdiction in which You are located while using our services;
- that You will not seek to manipulate or in any way affect the result of any unboxing at any time.
The User Agrees NOT TO:
- impersonate any individual or entity, including (but not limited to) JemLit employee, agents, clients or other JemLit members, as well as misrepresent Your affiliation with any person or entity;
- access, alter, damage or use any non-public areas of JemLit.com computer systems;
- attempt to probe, scan or test the vulnerability of the Website or any related system or network or breach any security or authentication measure related to our services, systems and networks;
- attempt to decipher, decompile, disassemble, hack or otherwise investigate any of the software or components used by JemLit.com;
- harm or threaten other users in any way or interfere with, or try to interfere with, the access of any user, host or network, including (but not limited to) sending a virus, overloading, flooding, spamming, or mail-bombing JemLit.com;
- use JemLit.com in an abusive way contrary to its intended use, to the Terms, policies and instructions and to any applicable law;
- systematically acquire data or other content in any possible way from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, even by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- infringe third partes intellectual property rights when using or accessing JemLit.com, including (but not limited to) making available virtual items found in the Website;
- use, promote, link to or provide access to materials judged (at our sole discretion) to be offensive or cause harm to the Company reputation, including (but not limited to) illegal and/or pornographic contents and any contents deemed offensive or injurious to JemLit.com and/or to offered services (such as Warez sites, IRC bots, and BitTorrent sites).
4.3 Breach of Obbligations
If the Company suspects that You have breached one or more of the mentioned obbligations, Your Account may be subject to investigation and this may lead You to forfeit the right to receive any won items and/or Your Account to be closed.
- BREACH OF TERMS AND CONDITIONS
5.1. User Liability
In case of breach of the Terms, any applicable law or the rights of any third party the User agrees to indemnify and hold the Company harmless from any liabilities claims, losses or demands made by any third party.
In the event of such breach, Your Account may be sospended and investigated. Pending the conclusions of such investigation and/or related legal proceedings, items You have won may be withheld and JemLit may retain any positive balance of Jems left in Your Account till the end of investigations.
5.2 Suspension and Termination of the Account
JemLit (at absolute discretion) may restrict Your access to the Website, suspend or terminate Your Account and/or void any pending unboxing or entries, if JemLit suspect that You:
- are under 18 (or have been under 18 while having an active Account with JemLit.com);
- provided fake or inaccurate personal data and/or it is not possible for Us to verify Your personal data;
- have registered and/or are using more than one account;
- cheat using the Website;
- are involved in any illegal and/or fraudulent activity;
- have (or may have) breached any provision of the Terms;
- are acting in a manner that is damaging to JemLit or which may result in legal liability for You, the Company or a third party.
Every unboxing made in breach of the Terms is void.
If the User is aware of any player cheating, or of any collusion taking place between players on the Website, he must inform immediately JemLit.
In case You breach the Terms, JemLit is entitled to suspend or terminate Your Account or the access to our services without any warning and without any responsability for the Company itself.
JemLit will give You notice of suspension or termination of Your Account to the email adress that You gave at the time of registration of the Acccount. Following such notice, You will no longer be able to access the services of JemLit.com.
Moreover, the User may request voluntary termination of his/her Account by contacting JemLit: [email protected]
RULES OF RECEPTION OF GOODS
6.1 Age and Identity check
The User will not be allowed to unbox and/or to receive won items until his/her age and identity is verified.
In case the User provides false or incorrect information about his/her age and/or identity this may lead to forfeit of won items and termination of his/her account. JemLit reserves the right to inform competent authorities, which may lead to legal proceeding against the User.
6.2 User Code of Conduct
By using JemLit.com, You accept the Terms and to act in good faith with JemLit.
The User accepts and assures to keep his/her account details (including username, password etc.) riserved and confidential.
6.3 Risks Acceptance
The User is aware of the risk of loosing money when unboxing. The User is aware and responsible for any loss of money determined by the unboxing and agrees that no loss related to unboxing will be refund.
JemLit is not responsible for such losses in no circumstances.
JemLit is not responsible for losses incurred by the User because of misuse of his/her account or password.
6.4 Service Functioning
The User selects a category of a Mystery eboxes available on the Website.
The User agrees to pay only for a Mystery ebox, which allows to win, through a random selection, one item out of bundle of goods belonging to different price categories.
The User is aware and agrees that the price of a Mystery ebox may exceed or be lower than the value of the items contained therein. JemLit is not responsible if the price of a Mystery ebox was higher than the value of the won item.
The User is aware and agrees that the product actually received may be different from the one showed in the Website since the images used therein are merely illustrative.
The employees of the Website, as well as all users, do not know and cannot know the value of a winning product in advance. The User bears all risks and costs of a Mystery ebox.
JemLit may invalidate all the operations carried out by a person who has not attained the age of majority and may refuse to issue a winning product without any refund of spent value.
The Website does not return the money spent on a Mystery ebox under no circumstances, and does not exchange the won product for another.
The User assumes full responsibility for all taxes and fees that may be imposed in connection with any products resulting from use of JemLit.com. If the gain is subject to tax by local (legislative, fiscal, etc.) authorities, The User is as well responsible for reporting the products to the appropriate authorities.
In case of any questions about purchasing or receiving gained goods or any other problems, You can contact customer support by e-mail: [email protected].
6.5 Jems Wallet
By topping up an amount of money to Your Jems wallet on JemLit.com, the User accepts that the credits received are not worth real money and are not subject to any refund in no circumstances.
6.6 Payment methods
JemLit supports the following methods of depositing into Your Account:
- credit cards;
- debit cards;
JemLit is not responsible for additional costs may charged by Your bank or credit card issuer when You make a deposit, so any concerns must be raised directly with the relevant institution.
6.7 Jems Validity and Account Inactivity
The User accepts and agrees that JemLit in no circumstances will make a refund in cash.
Jems are valid for one year from the top up.
In case of inactivity of the account or in case the User does not utilize his/her Jems within one year from the purchase:
- such Jems will expire with no money refund;
- termination of the inactive account without prior notice;
- zeroing of JemLit wallet without refund.
Shipping cost to deliver won items are charged to the User.
6.9 Return of Won Items
The User may exchange a won item for JemLit Credits (or Jems). In such case, the User is aware and agrees that JemLit will credit an amount of Jems equal to the value of the returned item reduced of percentage between 0% and 30%.
- SUSPENSION AND INTERRUPTION OF SERVICES
Services provided by JemLit.com may occasionally be suspended for a number of reasons including (but not limited to):
- essential maintenance. JemLit will give users warning when this is going to happen and will try and limit it to periods when there are low activity levels on the Website.
- circumstances beyond our control. In this case JemLit will do its best to inform the User of the nature and likely length of the loss of the services of the Website.
- request of suspension of the services by a regulator or other relevant authority.
JemLit will not accept responsibility for losses the User may incur as a result of suspension of our services.
JemLit will always aim to keep You informed of any major disruptions with our services.
JemLit is not responsible for errors in the information on the Website which the Company does not directly control.
JemLit will try as soon as possible to correct failures in the Mystery eboxes, in case of their occurrence. The company is not liable for faults and malfunctions in equipment used by You, and also for any faults and malfunctions caused by interruptions to Your Internet service provider.
The result of a winning may be modified in case of disqualifications or the suspicion of criminal or fraudulent activity, the results of the case will stand.
If a payout has been awarded to a User by error, JemLit reserves the right to make an appropriate adjustment to the balance of the User Account in order to correct such error.
If the User has insufficient funds to make this adjustment, the User agrees to make the necessary funds available to correct the error as soon as it is practically possible.
- CLAIMS AND COMPLAINT
JemLit will deal with the User fairly at all times but in case of complaints please contact us: [email protected]. JemLit will address any issue quickly and fairly.
To contact JemLit the User must use the email address provided to register his/her Account.
JemLit will examine every claim and respond as quickly as possible.
The maximum term of consideration of defects/errors is 30 days since the problem is known or knowable.
If JemLit is unable to secure the performance by the User of any obligations, or if the Company is unable to exercise any legal remedy, it shall not constitute a waiver of such rights and shall not relieve the User from compliance with the obligations provided in the Terms.
Our disclaimer is legally binding when it is formalized and forwarded to the User in writing.
The User is aware and give his/her consent to JemLit to storage personal data regarding the User identity, including name, address, date of birth, payment information.
JemLit relies on information provided by the User and is not liable for any false or inaccurate information received.
The User gives JemLit the right to process his/her personal information for the purposes described in the Terms and in the Website.
Personal Information received by the Company can only be accessed by the Company’s employees and representatives as well as the affiliates of the Company in possession of the required clearance.
All Your correspondence for accurate recording of all information received from You.
The User agrees and ensures not to interfeer and not to hide or disguise the IP address used to access JemLit.com, neither to take any action or measure to prevent the identification of the IP address used to access the Website.
- INTELLECTUAL PROPERTY RIGHTS
The contents of JemLit.com are governed by the UK copyright law and other intellectual property rights laws, regulations or international conventions applicable in the jurisdictions in which JemLit operates. In the Terms, 'Intellectual Property Rights' means among others: patents, database rights, copyright, domain names, design rights (whether registered or unregistered) and/or any other similar rights in accordance with applicable laws, regulations and international conventions, together with the right to apply for the protection of any such rights.
All material available for download on the Website may only be downloaded to a single personal computer and/or printed solely for personal, non-commercial use.
All Intellectual Property Rights in the Website are exclusively owned by JemLit and must not be reproduced without the Company prior written consent. Subject to the licence granted to You to use the Website, JemLit reserves all rights, title and interest in all Intellectual Property Rights in the Website.
The User is responsible for damages and expenses incurred by JemLit in connection with the User prohibited activities. If You become aware of the commission of prohibited activities by anyone in the Company or third parties, You must promptly inform JemLit, and fully cooperate with the Company in the conduct of investigations.
- EXCLUSION OF OUR LIABILITY
You agree that use of JemLit.com is at Your own risk.
Services on the Website are provided in accordance with the Terms and they are fully adjustable. JemLit does not provide additional guarantees or promises regarding the Website or hosted services.
JemLit is not responsible for any damages or losses, including loss of data, reputation or income. The company assumes no responsibility for the content of websites of which links are posted on our Website.
Without prejudice to JemLit obligations under the laws and regulations of the jurisdictions the Company is subject to, JemLit will not accept liability for loss or damage that the User may suffer as a result of a matter beyond the Company control, including (but not limited to):
- act of God;
- power cut;
- war or terrorist activity,
- riot and/or civil commotion,
- invasion, terrorist attack or threat of terrorist attack,
- war (whether officially declared or not) or threat of or preparation for war,
- malicious damage,
- fire and/or explosion,
- flood or storm,
- earthquake, subsidence, epidemic or other natural disaster,
- nuclear accident,
- act, failure or omission of any government or authority;
- obstruction or failure of public or private telecommunication services and/or the Internet;
- any other delay or failure caused by a third party or otherwise outside of our control.
If an event beyond our control occurs, JemLit reserves the right to suspend or cancel the services provided without incurring any liability whatsoever. In case of cancellation or suspension of our services, JemLit will make every effort to inform the User as soon as is reasonably practicable.
JemLit is not liable for the failure of equipment or software howsoever caused, wherever located or administered, whether under our direct control or not, that may prevent the provision of the services offered by JemLit.com or prevent the User from being able to contact the Company remotely.
No provision in the Terms may limit or excludes JemLit liability for:
- death or personal injury caused by negligence of the Company;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be excluded or limited by applicable law.
In case JemLit fails to comply with the Terms, the Company will not be liable for losses or damages suffered by the User that are a foreseeable result of such a breach or negligence. Under no circumstance (save as set out above) JemLit will accept responsibility for any loss or damage that is not foreseeable (including indirect, special or consequential loss).
JemLit liability to the User in respect of all other losses arising under or in connection with the Terms, the Account and the use of the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount held in the User Account at the time of such breach.
JemLit is not liable for the failure of any equipment or software howsoever caused which may prevent the proper functioning of the Website or may impede to unbox on the Website or prevent the User from being able to contact JemLit.
Except as expressly stated in the Terms and to the extent permitted by law, JemLit does not give any representation, warranties or undertakings in relation to the use of JemLit.com. Any representation, condition or warranty which might be implied or incorporated into the Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
In case of losing legal force by provision of the Terms, such provision will be separated from the other conditions. The remaining terms and conditions will remain valid and will not lose legal force in this division.
If necessary, JemLit can modify the unenforceable part hereof in accordance with applicable law and legitimate demands.
- ALTERATION OF CONTRACT
The company has the right to add, edit and remove any of the Terms due to number of reasons, including legal (in accordance with new laws or regulations), commercial, as well as reasons connected with customer service.
Current Terms in their current form, as well as the date of coming into legal force are available on the Website. JemLit will inform the player about all the changes, additions or amendments by posting a new version of the Terms on the Website. The User assumes the responsibility to review the current Terms, especially (but not exclusively) before the purchase of a Mistery ebox. We urge You to check for updates of the Terms regularly.
JemLit reserves the right to make any changes to the operating procedure of the Website (the software, the order of service) and modify requirements according to current legislation at any time and without prior notice to the users.
In case of refusal of acceptance of the changes, You must stop using JemLit.com. Further Your use of any part of the Website after the date the revised Terms come into legal force will automatically be considered as acceptance of the revised Terms, including (for the avoidance of doubt) any additions, removals, substitutions or other changes to identifying information relating to the Company, regardless of whether You receive a notification or read the revised Terms.
- APPLICABLE LAW, JURISDICTION AND INTERPRETATION
The Terms are subject to the jurisdiction and the laws of the United Kingdom. As a user, You implicitly agree to the exclusivity right of the courts of the United Kingdom to regulate claims and disputes arising in connection with any legal requirements of all parties in any way related to the Terms.
The original text of the Terms is written in English. And the interpretation should be based on the English text according to UK Law. In all cases and under all circumstances, the English version of the Terms takes precedence over versions in other languages.
- ANTI-MONEY LAUNDERING REGULATIONS
As required by Anti-Money Laundering Regulations, JemLit reserves the right to raise queries regarding any aspect of financial transactions made by the User on the Website, including (but not limited to) the source of funds deposited in the User Account and the destination account of withdrawals. Your Account may be suspended or closed if You fail to provide adequate evidence of the source of funds You have deposited with Us if asked.
- ADDITIONAL TERMS AND CONDITIONS; EULA
When You use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the ""G2A Pay services provider"") to make a purchase on JemLit.com, the responsibility over Your purchase will first be transferred to G2A.COM Limited before it is delivered to You. G2A.COM becomes Merchant of Record over Your purchase. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements which can be found under the link https://pay.g2a.com/terms-and-conditions and are not subject to the Terms on the Website.
In order to proceed the payment transaction, You temporary entrusts the G2A.COM with subject of the transaction, and G2A.COM takes responsibility for the product and for the transaction processing.
In addition the purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or ""EULAs"") that may include additional terms set by the product supplier rather than by Us or G2A Pay services provider. You will be bound by any EULA that You agree to.
The User is responsible for any fees, taxes or other costs associated with the purchase and delivery of his/her items resulting from charges imposed by his/her relationship with payment services providers or the duties and taxes imposed by local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at [email protected]. (email of submerchant)
Questions related to payments made through G2A Pay services provider payment should be addressed to [email protected].
Where possible, JemLit will work with the User and/or any user selling on JemLit.com, to solve any disputes arising from any purchase.
JemLit ensures to process personal information always in accordance with the applicable laws and regulations.
- Information collected
JemLit may collect personal and non-personal information about the User, in particular:
Registration details. JemLit collects any information provided by the User when registering a new account, including (but not limited to): the information provided by the User to verify his/her identity, the information updated or corrected by the User after registration and all the other information JemLit may ask to add, etc. Such information may include first and last name, gender, bith date, address, ID, e-mail address, phone number, etc. In case the User provides more information, JemLit may collect it too.
Correspondence. JemLit may collect information contained in any correspondence with the User via contact forms, live chat on JemLit.com, e-mails, phone calls or any other available communication source.
Activity details. JemLit may record information about the User activity on JemLit.com, including but not limited to the details of unboxing, deposits, bonuses, promotions, game session duration, visits, traffic data, location data, weblogs, information and communication on JemLit.com. Such information may be collected using cookies. For more information on cookies please read the Cookies policy.
Payment information. JemLit may collect payment information of the User, such as deposits, withdrawals, credit/debit card details, bank account details.
Device information. JemLit may collect specific types of connection details, information about devices software or hardware which may identify the User in order to make the services offered more secure and efficient.
- Why we collect information
All the information JrmLit collects, including personal information, is used for lawful purposes. In particular JemLit collects information to:
- monitor and provide the services offered on JemLit.com
- verify age and identity of users;
- set up, operate and manage User account;
- keep informed and communicate with the User;
- monitor, analyze, and improve JemLit.com performance and functionality;
- carry out risk management;
- statistical and marketing purposes;
- customer research, surveys and analyses;
- provide the User with the information about promotions, bonuses and products and services available on JemLit.com;
- operate, protect, improve, optimize, personalize the experience on JemLit.com;
- prevent fraud, irregular unboxing, money laundering and cheating;
- comply with the laws and regulations;
- comply with contractual obligations.
- Data retention
JemLit will keep Your information for as long as it is necessary to fulfill the purposes for which You gave consent (see paragraph n. 2 above) unless a longer retention period is required or permitted by applicable law.
Generally, we will retain information for maximum 10 years after termination of Your account.
JemLit will take all the necessary steps to ensure the privacy of Your information.
- Why we may share personal information
JemLit may share personal information provided by the User or other information for the following reasons:
- with third-parties that work with JemLit, for delivering to users secure, efficient and legal services;
- upon request by governmental and/or regulatory authorities. JemLit may also disclose Your personal data with regulatory bodies if there is a suspect that You may be involved in a breach of JemLit Terms or governing laws and regulations;
- Third-parties that the User has consented to share his/her information with.
- Data access, rectification and portability.
The User, upon request, is entitled to see his/her personal data that JemLit holds.
The User may ask JemLit to make any necessary changes to ensure that his/her personal information is accurate and kept up to date.
You may ask JemLit for a copy of Your personal information that JemLit keep about You. JemLit will provide You with a copy of Your personal data held by the Company, after receiving a valid request. JemLit is not responsible for protecting the data that has been received/held by the User.
Any manifestly unfounded or excessive requests, in particular, because of their repetitive character, can be refused.
The User may ask JemLit to change, correct or update his/her Personal Data in certain circumstances, especially in case it is inaccurate.
The User may ask JemLit to erase some or all of his/her personal information, if it is no longer necessary to provide Our services and to comply with Our legal obligations (for example fraud, anti-money laundering, tax, legal reporting or auditing obligations).
The User has the right to withdraw or decline his/her consent at any time. Keep in mind, that the withdraw of the consent cannot affect the lawfulness of processing based on consent given before withdrawal.
Where personal information is processed for direct marketing purposes, the User mayask JemLit to stop processing his/her data for these direct marketing purposes by sending an e-mail at any time to [email protected]