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Terms and Conditions of Use

Effective as of May 27, 2023
1.  GENERAL TERMS AND CONDITIONS:

a.  GAMING BOOST S.A.S is a company incorporated under the laws of Colombia, identified with NIT 901.526.956-2, with its registered address in Bogotá D.C., which, for the purposes of these Terms and Conditions of Use of our website https://gamingboost.com (hereinafter referred to as "Terms and Conditions"), shall be referred to as Gaming Boost.
b.  Gaming Boost makes no representations regarding the use, ownership, or transfer of the intellectual property of "Bungie" or its affiliates, and the User is fully aware of this.
c.  Gaming Boost makes no claim to the title regarding any of the unauthorized intellectual property and simply acts as a third-party transferee of the assets between the unauthorized entity and the User. Once the payment is received by Gaming Boost and the promised services are completed by the aforementioned, the User will assume Gaming Boost's position as a User of unauthorized intellectual property to the extent allowed by the unauthorized entity. At the conclusion of any transaction between the User and Gaming Boost, the User shall understand that Gaming Boost functions solely as a licensee of the unauthorized entity to use its intellectual property and grants Gaming Boost indemnity from the entire business transaction. Gaming Boost does not claim any title to any intellectual property interests held by the unauthorized entity or the User. Except for any rights granted by the unauthorized entity, if any, no intellectual properties are being transferred to the User by Gaming Boost in any transaction.

2.  DEFINITIONS:

a.  Personal Data: Any information that allows the identification or can be used to identify a natural person.
b.  Gaming Boost Website: The website located at https://gamingboost.com and all affiliated websites, including mobile applications and websites owned by us, through which Users can acquire services provided by our service providers.
c.  User: A natural person who, as an end-User, utilizes the Gaming Boost platform to acquire the published services.
d.  Service Provider: A natural person who, freely and voluntarily, in the capacity of a professional and expert player through our website, agrees to provide Users with the requested services through the Gaming Boost website.
e.  Processing: Any operation or set of operations performed on Personal Data, such as collection, storage, use, disclosure, or deletion.
f.  Order: Refers to the request for the acquisition of a service by a User, which will be provided by a Service Provider.

3.  PURPOSE: These Terms and Conditions regulate the authorization granted by Gaming Boost to Users to access our Gaming Boost website, obtain information about the services offered online and marketed by our Service Providers, and acquire training and game assistance.

4.  ACCEPTANCE OF TERMS: By accessing and using our website, the User agrees to comply with these terms of use and conditions in their entirety. If the User does not agree with any of the terms, we kindly request that they do not use our site.

5.  ACCOUNT REGISTRATION: To make purchases on our website, Users may need to create an account. The User is responsible for maintaining the confidentiality of their login information and all activities performed on their account.

6.  OPERATION OF THE GAMING BOOST WEBSITE: The Gaming Boost website is a virtual platform that connects Users and Service Providers. Users can acquire services through an Order that will be provided by the service providers. It is important to clarify that the Gaming Boost website does not commercialize or provide services. Therefore, in accordance with Article 53 of Law 1480 of 2011 and the Guide for the Protection of Consumers in Electronic Commerce issued by the Superintendence of Industry and Commerce, Gaming Boost is a contact website.

7.  USER INFORMATION: By creating an account, the User agrees to provide accurate and up-to-date information. We reserve the right to suspend or cancel their account if we detect false or misleading information.

8.  ACCEPTABLE USE: The User may NOT use our website for illegal activities, defamatory, obscene, or rights-violating activities of third parties. The use of any malicious software or attempts to access confidential information of other Users is also prohibited.

9.  PURCHASES AND PAYMENTS: By making a purchase through our website, the User agrees to provide accurate billing information and complete the payment transaction. We reserve the right to reject or cancel orders in case of suspected fraud or incorrect information.

10. DELIVERY POLICY: Service Providers strive to make deliveries within the estimated timeframe, but Gaming Boost is not responsible for delays caused by third parties or events beyond our control.
11. USER RESPONSIBILITIES WHEN USING OR PLANNING TO USE OUR SERVICE:

a.  The User agrees that if they log into Destiny 2 or the Steam client while our Service Provider is working on their order and causes their session to disconnect, we reserve the right to not log back into their account and may require up to 50% of their original charge to continue.
b.  The User agrees that when purchasing our Service and requesting a refund, there will be Consequences according to the Law established under the Republic of Colombia, and they accept any penalties that Gaming Boost may apply.
c.  The User agrees that after purchasing our Service, they are aware that they cannot dispute their purchase with Gaming Boost once the Service has been started or partially completed, and they cannot violate the Refund rules stated in any payment method provided by Gaming Boost.
d.  The User agrees that once their purchase has been made and the service has started, they are no longer entitled to receive a refund. If the service is not completed by Gaming Boost, they have the right to receive store credit for the remaining part of their service.
e.  The User agrees that if they initiate a chargeback or claim, they are directly breaching Gaming Boost's terms of use and are legally obligated to close the chargeback or claim, returning the same amount plus a fee determined by Gaming Boost, not less than 50 USD and not more than three times the original amount, in addition to any potential costs related to the chargeback or claim, including but not limited to lawyer fees, chargeback fees, debt collection fees, etc. In case of failure to comply with either option, the User accepts full liability in a court of law as determined by the jurisdiction of Colombian courts.
f.  The User agrees that once their purchase has been processed and marked as "Assigned," they are no longer entitled to receive a refund. If the service is not completed by Gaming Boost, they have the right to receive store credit for the missing part of their service.
g.  The User agrees that their invoice will be sent to a debt collection agency if they chargeback payment for a service that has been completed, and they accept that they will have to pay additional fees covering both the collection agency and any other unforeseen costs related to their chargeback.
h.  The User agrees and accepts that there will be no refunds or any other type of compensation for bans or referral-related issues associated with the Service Provider. If the User attempts to recover their money, they will be in breach of this agreement and agree and acknowledge that they will have to refund the money and pay a fine, as well as all expenses incurred by Gaming Boost in relation to their case, including but not limited to attorney fees, debt collection fees, third-party fees, interests, etc.
i.  The User agrees and accepts that Gaming Boost is not responsible for any disciplinary actions taken against them for requesting a Service Provider or any of Gaming Boost's services.
j.  The User accepts that failure to comply with any of our terms may result in the cancellation of their service or additional charges.

12. RETURN POLICY: Due to the nature of Gaming Boost's products (intangible digital goods), it is not possible to "return" the product. Therefore, we do NOT offer refunds to our Users once the purchase has been made. If the order has not started, the User may be eligible for a partial refund (55%) or store credit for the amount they have paid us.

13. REFUND AND CANCELLATION POLICY:

a.  In the event that the User wishes to exercise the right of withdrawal regarding a service purchased through the Gaming Boost website, the User and the Service Provider are encouraged to reach a mutual agreement if refunds or cancellations are necessary.
b.  If the User and the Service Provider do not reach a mutual agreement through the Refund and Cancellation process as indicated below, Gaming Boost will review the Dispute and propose a binding resolution (Dispute Resolution Program).
c.  Gaming Boost is not responsible for any liability related to the Refund and Cancellation process or the Dispute Resolution Program by the User or the Service Provider.
d.  In the event that a Service Provider wishes to rescind an order, the Service Provider must instruct Gaming Boost to close the Order.
e.  If a User purchases an order from Gaming Boost Services, a refund is available with store credits after deductions for services already provided to the User.
f.  If during the fulfillment of the order the User decides to cancel it, this cancellation may be denied if the Service Provider did not breach any conditions.
g.  The User has the option to cancel their Order within 48 hours to receive a full or partial refund minus the Service Fees for the services already executed, in the following cases:
i.  the Service Provider does not respond and does not accept the order;
i.  the Service Provider accepted the order but refuses to fulfill it;
ii. the Service Provider accepted the order, started implementing it, but cannot complete it;
iii.    The Service Provider must approve or contest the User's cancellation within four (4) business days. If the Service Provider takes no action within four (4) calendar days from the date of the cancellation notice, the dispute will be resolved according to the Dispute Resolution Program.

14. PRIVACY: We value the privacy of our Users and are committed to protecting their personal data in accordance with our privacy policy. We recommend that our Users read the policy to understand how we collect, use, and protect information.

15. APPLICABLE LAW AND JURISDICTION: These terms of use are governed by the laws of the Republic of Colombia. Any dispute arising in connection with our website shall be subject to the exclusive jurisdiction of the courts of Bogotá.

16. LIMITATION OF LIABILITY: We are not liable for any direct, indirect, incidental, or consequential damages arising from the use of our website or the purchase of services through it. We recommend carefully reviewing the service descriptions before making a purchase.

17. MODIFICATIONS: We reserve the right to modify these terms of use at any time. We recommend periodically reviewing this section to stay informed of any changes.

18. THIRD PARTIES: Gaming Boost facilitates the provision of services by Service Providers, who are hired by Users as independent contractors. In the event that the Service Provider utilizes other parties, whether individuals or entities ("Assistant"), to perform the Services, the Service Provider agrees and acknowledges that:

a.  Assistants are not employees, independent contractors, or agents of Gaming Boost or the User;
b.  The Service Provider is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers' compensation insurance, contributions, and expenses of the Assistants;
c.  Neither Gaming Boost nor the User has the right or power to supervise or control the Assistants;
d.  No Assistant may claim from Gaming Boost or the User, under the Terms of Service, payment for overtime, sick leave, holidays or vacation, retirement benefits, workers' compensation benefits, unemployment benefits, contributions, or any other employment benefits of any kind;
e.  The Service Provider, before hiring an Assistant to provide the Services, will ensure that the Assistant is familiar with these Terms of Use and has accepted to adhere to them. The Service Provider acknowledges and agrees that they are fully responsible for the actions or inactions of the Assistant, including any breach of the Terms of Service.

19. HELP CENTER: Users have access to the PQR channel regarding their orders. This procedure represents an added value that Gaming Boost makes available to Users with the aim of improving their experience on the Gaming Boost website.

20. INDEMNITY: The User/service provider agrees to defend and hold Gaming Boost harmless for any claim arising from the unauthorized use of the Gaming Boost website by the User/Service Provider or any breach of these Terms and Conditions.

21. AVAILABILITY: Gaming Boost does not guarantee the availability or uptime of the Gaming Boost website. In the event of instability or major technical issues, Gaming Boost will not be liable to the User but will make its best efforts to stabilize its operation.

22. CROSS SAVE: Regardless of the platform the User commonly uses, it is necessary for it to support the function of save transfer between different platforms "Must have a cross save". This feature must be activated so that Service Providers do not have device limitations when completing the order, and it guarantees the User the ability to carry their progress and characters from one device or platform to another without restrictions. For more information, please seek assistance from the Service Provider.


Dispute Resolution Program


At GAMING BOOST S.A.S., we take pride in offering a Dispute Resolution Program as part of our commitment to customer satisfaction and exceptional service. We understand that situations may arise where disagreements or conflicts occur, and we are dedicated to addressing them in a fair, impartial, and efficient manner.

Our Dispute Resolution Program is designed to provide a structured and transparent process that allows all parties involved to address and resolve disputes equitably. Through this program, we strive to achieve amicable and mutually satisfactory solutions, thereby avoiding costly litigation and preserving the relationship with our valued customers.

The dispute resolution process is carried out as follows:

1. Dispute Submission: Users can submit a dispute or conflict by filing a formal complaint online or by contacting our customer support team. It is important to provide a clear and detailed description of the dispute, including any relevant documentation.

2. Initial Evaluation: Once we receive the dispute submission, our specialized dispute resolution team will carefully review the provided information and assess the feasibility of resolution through our program.

3. Resolution Measures: Depending on the nature of the dispute, we will employ a variety of approaches to facilitate resolution. This may include direct negotiations between the parties involved or the implementation of alternative solutions deemed fair and reasonable to all parties.

4. Communication and Follow-up: Throughout the dispute resolution process, we will maintain clear and open communication with all parties involved. We are committed to providing regular updates on the progress of the resolution and responding promptly to any inquiries or concerns.

5. Final Resolution: Our aim is to reach a fair and satisfactory resolution for all parties involved. Once a resolution has been reached, a detailed written agreement will be provided, establishing the agreed-upon terms and conditions.

At GAMING BOOST S.A.S., we strive to maintain high standards of quality and customer service. Our Dispute Resolution Program reflects our commitment to effectively and equitably address concerns, providing our customers with the peace of mind that their disputes will be treated fairly and resolved in a timely manner.

If you have any questions or need to initiate a dispute resolution process, we invite you to contact us through our support email or by reaching out to our customer support team. We are here to assist you and ensure that your experience with us is positive and satisfactory in every aspect.