Terms
& Conditions
User
Agreement
This User
Agreement describes the terms and conditions which you accept by using our website/Mobile
Application or our Services. We have incorporated by reference some linked
information.
Please read
these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before
using the “Website” which means the Websites/Mobile Apps operated by GameKo and
available at: GameKo.net and any of its regional or other domains or properties,
and any related GameKo service, tool or application, specifically including
mobile web, any iOS App and any Android App and any other Mobile App or Web App
(“the Website” or “the Platform”) which is a platform that links users (the
“Users” “you” or “Your) to their selected Experts (“Experts”) to provide them
with billable consultations (the “Service”) through the Platform operated by GameKo
(“Company” “us”, “we”, or “our”).
The
present agreement sets out the terms and conditions for all users of the Website
and GameKo platform.
Your
approval to these terms & conditions is required to access and use the
Website and the platform services.
By
accessing the Website and/or using the Service you agree to be bound by these
Terms. If you disagree with any part of the Terms, then you may not access the
Service.
Acceptance
of the Terms / Terms of Use
1. When you
visit the Website or send us emails, you are communicating with us
electronically. You consent to the receipt of electronic communications from GameKo,
and agree that all agreements, notices, and other disclosures communicated to
you by GameKo electronically (whether by electronic mail, by posting at the
Website, or by other electronic means) satisfy any legal requirement that such
communication be in writing.
2. GameKo
reserves the right to amend these Terms at its sole discretion at any time by
posting them on the Website. Changes shall automatically be effective upon
posting. GameKo reserves the right to add, modify or remove any information
and/or services from the Website at any time.
3. If for
any reason you disagree with any changes, your sole and exclusive remedy is to
cease or discontinue using the Website.
4. Communication
shall happen whenever there’s a change in the Terms and Conditions and users
shall accept the changes accordingly.
5. You must
be at least 18 years of age to use the Website. By using the Website and by
agreeing to these terms and conditions you warrant that you are at least 18
years of age.
Website
& platform
1. GameKo is
a Platform that enables access to a website which includes registration and
informational purposes.
2. GameKo
takes the role of an intermediary between the User and the Expert as such GameKo
is not a contracting party between the User and the Expert and has no further
obligations or liabilities and cannot be held in any way by the wrongful acts
of the Expert or the User.
3. Experts
registered to the Website are not employees of GameKo but are independent
service providers using the Website to register and put their profile
information.
4. GameKo
does not refer you or endorse or recommend any particular Expert. GameKo shall
not be liable for any wrongful acts or omissions from the Experts with respect
to the messages or to the Experts’ consultations and answers.
5. The
Website shall include, without limitation, the GameKo Website (GameKo.com and GameKo.app)
and any and all scientific, technical, contractual, product, program, pricing,
portals, news, educational materials, publications, guides, smartphone
services, presentations, abstracts, marketing information and any other
information available on the Website, including, data, personal information,
text, software, music, sound, photographs, graphics, video, messages, and other
materials (collectively referred to as the “Content”).
User
accounts
1. When you
register as a User on the Website, you create your online account by entering
your Mobile number, personal information and establishing a username and
password. You are responsible for taking all reasonable steps to ensure that no
unauthorized person shall have access to your mobile or GameKo passwords and
accounts.
2. When you
register on the Website, we ask for personal information such as your name,
mobile number, email address, birth date, gender… Once you register and sign into
our website, you are not anonymous to us.
3. The
Website also automatically receives and records information on our server logs
from your browser including your IP address, in addition to cookie information
and the page you requested.
It is
your sole responsibility to:
Control the dissemination and use of sign-in name
and passwords if any;
Authorize, monitor, and control access to and use
of your GameKo account, your mobile and password;
Promptly inform GameKo if you believe your account
or mobile or password has been compromised or if there is any other reason you
need to deactivate your account.
In case the password is lost or your mobile stolen,
GameKo will block the account or transfer it to new account subject to user
request and approval, user need to provide satisfactory proof of his
identification.
You agree that any content you provide on the
Website/Platform and your use of the Website shall not:
1. Be fraudulent or misleading;
2. Infringe any third party’s proprietary rights or rights of publicity or
privacy;
3. Be illegal or violate any local law, regulation or ethical code;
4. Be competitive with GameKo or the Website;
5. Be defamatory or obscene;
6. Contain any viruses, or other computer programming routines that may damage,
detrimentally interfere with, intercept or expropriate any system, data or
personal information.
The Website gives you the ability to edit Your
account information and preferences at any time.
You may terminate your account by deactivating it
and notifying us on [email protected].
GameKo reserves the right at any time, without
previous notice, for any or no reason and you agree to hold Us free from any
liability whatsoever in case We:
1. refuse
service to anyone,
2. modify
and discontinue any portion or all of the services,
3. restrict,
suspend and terminate Users’ accounts.
GameKo is not liable by any means
for damages participating Users cause to the Expert or, other participating
Users, or third parties. The Expert shall settle such affairs with the
participating User directly.
Experts
1. Experts
must request to register on the Website to join the platform.
2. During
the registrations’ review by GameKo team, Experts must provide official
documents such as ID/Passport, copy of syndicate card, and copy of certificates
and degrees in order to be able to access their accounts and start offering
consultations and subject to GameKo approval.
3. Expert
information retrieved or edited will be reviewed by GameKo before being posted
to the public as such GameKo may remove information that are not relevant
without any liability whatsoever.
4. GameKo
team might ask for a physical interview if needed and might offer to help the
Expert in editing the text and images until it matches the required quality
standards.
5. In the
case of a positive decision, the Expert will be approved of so that he/she can
start receiving billed consultations from users on GameKo platform.
6.
Experts can update editable parts of their Profiles at all times and such
changes might be subject to review and amendment by GameKo before going public.
7. Experts
will only provide answers to questions related to their field of expertise as
specified in their profile.
8. Experts
must provide the User with an answer to every question in an informative way.
9. Experts
have, within the limits imposed or permitted by the applicable laws, the duty
to report questions or answers that they deem to be spam, pervasive, harmful to
certain Users or of a criminal nature.
10. Consultations
should always follow the rules and regulations imposed by local authorities of
the practicing Expert as such the User should make sure that these
consultations are legal in the jurisdiction that the User adheres to; as such GameKo
is not liable in any way for any kind of consultation that has been done
through the Website.
11. The sale
or advertising of any medical drug or weapon or illegal product or service in
the jurisdiction that both the User and the Expert adheres to on the Website by
any way or mean is strictly forbidden.
12. Any
transgression of the above mentioned obligations may result in the removal of
the Expert from GameKo and the banning from the Website.
13. It is
illegal for Experts to share a User’s Personally Identifiable Information (PII)
and/or consultation case with any third party unless the purpose is to discuss
it with a colleague Expert for answering the consultation or in case of any
court demand for the revelation of such information.
Billing,
reserve & refund
1. GameKo
has no access and does not save any credit cards’ information. Users will be
redirected to the available payment gateways to proceed with related
transactions.
It is up to the Experts to bill or not each chat consultation, depending on if
they provided a final answer to the question or responded with a follow-up
question.
2. Chat
consultations are billed based on the pre-defined prices set on the Expert’s
profile at the time of sending the question. We have no control on the Expert’s
choice regarding the billing decision stated above; however, we limit the
maximum amount the Expert can charge per consultation.
3. The User
can cancel any question not answered by the Expert after a minimum of 1 hour of
asking it or Expert did not respond and get fully refunded for the billed
amount.
4. GameKo
requires a commission for handling the connection and payment process. The
commission will be added to the announced Expert Fees and upon the completion
of the service.
5. Expert
can issue withdrawal request once Expert wallet reached 100$, payment will be
done via bank transfer or PayPal, GameKo may add additional new payment methods
in future, all payment charges will be imposed by the Expert.
Refund
1. In case
of a complaint reported by the User on a billed consultation, GameKo at its own
discretion may decide to offer a refund after further investigation and
analysis.
2. Credit
refunds will be done only through in-app credits and Money refunds will be done
only to the Original Mode of Payment.
Data
protection
1. Users’
safety and privacy is our first concern; we do not disclose any personal data
or consultation data to any third party.
2. GameKo
will not sell or rent Your personally identifiable information to anyone.
3. Experts
and Users might save conversations on their mobile devices or any other
supports, if they wish to do so, for whatever reasons. Accordingly, they need
to ensure the security of the device used, in order to protect their data.
4. The
Expert needs to ensure the security of the device used. Which means Experts
would need to protect the electronic device itself (such as by using a password
lock) and establish an authentication system to verify the person.
5. GameKo
relays messages over a secured and encrypted network.
6. GameKo
saves the information of a consultation such as date, Expert name, duration,
texts, and billing information.
7. It is solely
Your responsibility to keep any chat information should you need it in the
future.
8. Users can
access reports regarding their consultation from their personal GameKo account.
9. Account
password and critical information are encrypted in the database.
10. GameKo
may analyse the messages relayed in order to provide a better service to the
users.
Communication
between Experts & Users – responsibility and liability
1. Any
consultation liability is restricted between the Users and the Experts
2. GameKo
does not select Experts for or on behalf of users. GameKo simply connects users
to their selected Experts. Selecting an Expert is the sole choice of the user
and under his/her full responsibility.
3. Experts
should not consult Users for consultations requiring physical examination. And
should not treat emergency cases and should not proceed with high risk
consultations or otherwise.
Consultation
experience
1. GameKo
does not impose any response time from the Experts’ side on User’s consultation
requests. It is up to the Expert whenever ready to consult.
2. Nevertheless,
Experts set their availability schedules when registering and can update this
information from their personal GameKo accounts.
3. Typical
answer time of Experts: a registered Expert typically replies within a couple
of hours to 48h. GameKo does not guarantee any reply/request acceptance.
4. In case
the Expert didn’t answer a User consultation within 1 hour after the question
is sent or Expert did not respond, the user can manually cancel the
consultation and get fully refunded for the reserved amount.
5. Timing of
the consultation is not pre-scheduled and happens as soon as Experts answer the
User and initiate the e-consultation.
6.
Expected waiting time: When sending a chat consultation, a short waiting time
can be there as the Expert might be busy with another person or not within
expert available time setup so please be patient.
7. Users and
Experts can send messages in any language they want.
8. The
Platform supports in-app voice, video, and text consultations.
9. Expert
billing for the consultation is independent of any other actions happening
outside of the platform.
Report
& Rate the experience
1. Users
& Experts have the right to report abuse or non-satisfaction. GameKo is not
liable but will reserve the right to investigate and inform concerned parties
of resulting actions
2. GameKo
reserves the right to freeze or deactivate the account in case of abuse and
non-accepted language/behaviour.
3. GameKo
reserves the right to audit service offering by the Expert and might block or
delete his/her account if found necessary. If service offerings fall below a
predefined user rating, the Expert might be blocked/deleted without further
notice.
4. After the
fulfillment of a service, Users can write a review and rate the experience and
the Expert using GameKo’s rating system. The aim of the rating system is to
offer a better service. If User becomes aware of abusive rating, he should
report them immediately to GameKo Support Team.
5. Rating
happens right after a consultation is ended and billed. GameKo does not
interfere nor influence the rating whatsoever.
Exclusion
of warranties
This
Agreement sets out the full agreement between the parties and supersedes any
other commitments, agreements, representations, warranties or understandings,
written or verbal, that the parties may have had with respect to the Premises.
Limitation
of liability
Notwithstanding anything in this
Agreement to the contrary, GameKo shall not have any liability under this
Agreement, for:
1. Any punitive or exemplary damages.
2. Or any special, consequential, incidental or indirect damages, including
lost profits, lost data, lost revenues and loss of business opportunity,
whether or not the other Party was aware or should have been aware of the
possibility of these damages.
Indemnification
Users and
Experts hereto agree to indemnify and save harmless GameKo and including, where
applicable, their respective associates, directors, employees, agents or any
institutions facilitating GameKo solution (each such party being an
“Indemnified Party”) harmless from and against and agree to be liable for any
and all losses, claims, actions, suits, proceedings, damages, liabilities or
expenses of whatever nature or kind, including any investigation expenses
incurred by any Indemnified Party, to which an Indemnified Party may become
subject by reason of the terms and conditions of this Agreement.
Liability
of the Expert to participating customers (users) – Indemnification and
liability
Should GameKo
be prosecuted because of the Expert or the User action or omission to act, they
the concerned party will help GameKo to defend any claims and sets GameKo free
of any demands.
Applicable
law & dispute resolution
This
Agreement shall be governed by the UAE-Abu Dhabi laws. Any dispute arising in
connection with this Agreement shall be first resolved by both parties through
arbitration. In case no resolution can be reached through arbitration, such
dispute may be referred to the UAE-Abu Dhabi Courts.
Force
majeure
Neither
party shall be liable by reason of any failure or delay in the performance of
its obligations hereunder for any cause beyond the reasonable control of such
party, including but not limited to electrical outages, failure of Internet
service providers, riots, insurrection, war (or similar), fires, flood,
earthquakes, explosions, and other acts of God.
GameKo is not ensuring real-time communication and hence should be held
harmless of any interruption of the network (like any loss or delay of data
transmission due to network connectivity)
Copyright
GameKo is
the owner of all right, title, and interest in and to each of the Copyrights,
free and clear of all liens and other adverse claims. All the Copyrights have
been registered or are in the process of being registered and are currently in
compliance with formal requirements, are valid and enforceable.
This
Agreement was last modified on 24th March 2022.