Last updated: January 09, 2022
Eloking Ltd., a private limited company, founded in Latvia, ("us", "we", or "our") operates the https://eloking.com website (the "Service").
These Terms and Conditions set forth the main terms and conditions applying to and governing the usage of the Service. In order to provide any services via using the Eloking Platform you must agree to the terms and conditions that are set forth below.
1.1. Eloking (also referred to as "we", "our" or "us") - Eloking Ltd., a private limited company incorporated and registered under the laws of Republic of Latvia.
1.2. Eloking Services - services that Eloking provides, including provision and maintenance of the website, In-app Payment, customer support, communication between the Player and the Customer and other similar services.
1.3. Eloking Platform - technology connecting Customers with Players to help them achieve their goals in video games.
1.4. Customer - a person requesting assistance in a video game by using the Eloking Platform.
1.5. Player (also referred to as "you", "booster" or "coach") - the person providing assistance in the specified video game via the Eloking Platform. Each Player will get a personal Player profile to use in the Eloking Platform.
1.6. Agreement - this agreement between Player and Eloking regarding the use of Eloking Services which consists of:
1.6.1. these Terms and Conditions;
1.6.2. special terms displayed in the Eloking Platform, e.g. regarding price info or service descriptions;
1.6.3. the Player guidelines; and
1.6.4. other terms referred to in this Agreement as may be amended from time to time.
1.7. Service Charge - the fee a Customer is obliged to pay Player for provision of Digital Services.
1.8. Eloking Fee - the fee that Player is obliged to pay to Eloking for using the Eloking Platform.
1.9. In-app Payment - cards and other payment methods used by the Customer via the Eloking Platform to pay for the Digital Services provided by the Player.
1.10. Player Account - access to a website containing information and documents regarding the usage of the Eloking Services in course of provision of digital services, including account documentation. Players may access the Player Account at https://eloking.com/login by entering username and password.
1.11. Tip - a gratuity offered by the Customer at their sole discretion in addition to the Service Charge paid.
1.12. Digital Service - any non-physical service a Player is providing to the Customer whose request the Player has accepted through the Eloking Platform.
2.1. Prior to using the Eloking Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By requesting to sign up as a Player, you represent and warrant that:
2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Eloking Platform for providing the Digital Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these Terms and Conditions, including all obligations that arise as provided herein and from Agreement;
2.1.3. all the information you have presented to us is accurate, correct and complete;
2.1.4. you will keep Player Account accurate and profile information updated at all times;
2.1.5. you will not authorize other persons to use your Player Account nor transfer or assign it to any other person;
2.1.6. you will not use the Eloking Services for unauthorized or unlawful purposes and impair the proper operation of the Eloking Services;
2.1.7. at all times, you fully comply with all laws and regulations applicable in the state you are providing Digital Services in, including (but not limited to) laws regulating digital services;
2.2. You are obliged to provide your payment requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the payment account of the company. We are transferring In-app Payment fees to the payment account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong payment requisites.
2.3. After submitting the signup application, you may receive an e-mail with additional conditions that must be met in order to use Eloking Services. These conditions may include providing criminal records, completion of a training course and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Eloking Services.
2.4. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the Player Account). In such case, the indicated legal person is considered to be the provider of Digital Services and a party to these Terms and Conditions, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Digital Services. Such natural person may use the account of the Player only if he/she has read and agrees to be bound by these Terms and Conditions and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE DIGITAL SERVICES UNDER ELOKING ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE TERMS AND CONDITIONS AND AGREEMENT CONDUCTED BY THE PLAYER.
3.1. License to use the Eloking Services and the Player Account. Subject to your compliance with the Agreement, we hereby grant you have a license to use the Eloking Services and the Player Account. The license does not grant you the right to sublicense or transfer any rights to the third persons.
3.2. In course of using the Eloking Services and/or Player Account you may not:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Eloking Platform, the Player Account or other software of Eloking;
3.2.2. modify the Eloking Platform or the Player Account in any manner or form or to use modified versions of the Eloking Platform or Player Account;
3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Eloking Platform;
3.2.4. attempt to gain unauthorized access to the Eloking Platform, Player Account or any other Eloking Services.
3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Eloking Platform and the Player Account and we are entitled to block and delete Player account without a prior notice.
3.4. All copyrights and trademarks, including source code, databases, logos and visual designs are owned either by Eloking or another company, and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Eloking Platform or any other Eloking Services you do not acquire any rights of ownership to any intellectual property.
4.1. The Player's Obligations. You hereby guarantee to provide Digital Services in accordance with the Terms and Conditions, Agreement as well as laws and regulations applicable in the state where you are providing Digital Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Digital Services.
4.2. You must have all licenses, permits,liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Digital Services. It is your obligation to maintain the validity of all aforementioned documentation. Eloking reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
4.3. You must provide the Digital Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer's request in the best interest of the Customer. Among else, you (i) must perform the Digital Services in a way that are least costly and time consuming for the Customer, unless the Customer explicitly requests otherwise; (ii) may not make any unauthorised actions on the Customer's account; (iii) must provide the Digital Service without sharing the fact with others; and (iv) must adhere to any applicable acts and regulations, i.e must not conduct any actions that may get the customer banned such as cheat or grief in their account.
4.4. You retain the sole right to determine when you are providing the Digital Services. You shall accept, decline or ignore Digital Services requests made by Customers at your own choosing.
4.5. Costs you incur while providing the Digital Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Digital Services at your own expense, including a computer, internet connection, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Digital Services including, but not limited to, mobile data plan costs, duty fees, insurance, relevant corporate or payroll taxes etc.
4.6. Service Charges. You are entitled to charge a Service Charge for each instance you have accepted a Customer on the Eloking Platform and completed the Digital Service as requested. The Service Charge is calculated based on a default base Service Charge, the requirements of the Digital Services and the video game selected. With In-app payment, you may negotiate the Service Charge by sending us a pertinent request that has been either signed digitally or by hand. Additionally, you shall always have the right to charge the Customer less than the Service Charge indicated by the Eloking Platform. However, charging the Player less than the Eloking Platform indicates, does not decrease the Eloking Fee.
4.7. With In-app payment, if you find that there has been an error in the calculation of the Service Charge and wish to make corrections in the calculation of the Service Charge, you must submit a petition by sending a letter to Eloking. If a petition has not been submitted, then Eloking shall not recalculate the Service Charge or reimburse you for an error made in the calculation of the Service Charge.
4.8. Eloking may adjust the Service Charge for a particular order completed, if we detect a violation (such as completing the Digital Service with poor quality or overcharging the Customer for the Digital Services) or in case a technical error affecting the final Service Charge is identified. Eloking may also reduce or cancel the Digital Service in case we have reasonable cause to suspect a fraud or a complaint by the Customer indicates a violation by you. Eloking will only exercise its right to reduce or cancel the Service Charge in a reasonable and justified manner.
4.9. Customer have the option to pay the Service Charge for the Digital Services via the In-app Payment, as described in section 6 of these Terms and Conditions. In case the Customer fails or refuses to pay, Eloking will send a notice of debt to the Customer on behalf of you. Such authorisation derives from the mandate of paying agent given to Eloking and does not entail that Eloking has an obligation to compensate the Service Charge not paid by the Customer. If Customer justifiably refuses to pay the Service Charge on the account that your information stated in the Eloking Platform is incorrect, then Eloking will not reimburse you for such expenses.
4.10. Tips. Customers may be given the option to tip you after a successful provision of Digital Services. The Customer can Tip you only by means authorised by Eloking for Tipping. Eloking will collect a 5% commission on the Tip paid by the Customer. You are obliged to fully comply with any tax obligations arising from the Tipping. We may limit the maximum value of a Tip at our sole discretion.
4.11. Receipts. After each successful provision of Digital Services, Eloking shall create and forward a receipt to the Customer consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Player, service license number (if applicable), the company's registration (if applicable), the company's legal address (if applicable), VAT number (if applicable), the date, the time, the service description, the Service Charge and Tip paid for the provision of the Digital Services. The receipt of each provision of Digital Services is available to you via the Player Account.
4.12. Cancellation fee & wait time fee. Customer may cancel a request for Digital Services that a Player has accepted via the Eloking Platform. Player may be entitled to some or full amount of the Service Charge for cancelled Digital Services in the event that a Customer cancels accepted request for Digital Services after those were already started by the Player.
4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Digital Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Digital Services. You hereby agree to compensate Eloking all state fees, claims, payments, fines or other tax obligations that Eloking will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).
4.14. The Player's authorisation to issue invoices. Eloking has a right to issue an invoice on your behalf to the Customer in order to compensate you any Service Charges, contractual penalties or other fees that Eloking mediates to you. Where Eloking issues invoices, the invoice will be made available to you via the Player Account.
5.1. In order to use the Eloking Services, you are obliged to pay to a fee (i.e. the Eloking Fee). The Eloking Fee is paid based on the Service Charge of each Digital Service order that you have completed. The amount of the Eloking Fee is made available to you via e-mail, Eloking Platform, Player Account or other pertinent means. Please acknowledge that the Eloking Fee may change from time to time. We shall send you a prior notification of each such change or that will be specified prior accepting any order.
5.2. You must pay the Eloking Fee and any other fees due to us for the previous month at latest by the 15th date of the following month. Upon delay with payment of the Eloking Fee, you shall be obliged to pay a penalty of late payment in the amount of 0,04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by us, which are related to debt collection activities.
6.1. We may enable Customers to pay for the Digital Service via cards, carrier billing and other payment methods directly in the Eloking Platform (i.e. In-app Payment). You hereby authorise us as your commercial agent to receive the Service Charges or other fees paid by the Customer via In-app Payment and to forward relevant funds to you. Any payment obligation made by the Customer via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
6.2. You may not refuse payment by the Customer via the In-app Payment, or influence the Customer against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of 250 Euros for every refusal and/or block your right to use the Eloking Services in case of repetitive behaviour.
6.3. Eloking reserves the right to distribute promo code to potential customers at our discretion on a per promotional basis. You are required to accept the use of promo code only when the Customer applies it when placing the order. If the use of promo codes is suspected as being fraudulent, illegal, used by a Player in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by Eloking to the Player.
6.4. If the option is available and the Customer chooses to Tip you directly in the Eloking Platform, the Tip will be collected by Eloking on your behalf together with the Service Charges and other fees paid by the Customer via the In-app Payment. If the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used by a Player in conflict with our Terms and Conditions and, then the Tip can be withheld by Eloking.
6.5. You are entitled to review In-app Payment reports in the Player Account or Eloking Platform. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Eloking Fee. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment.
6.6. We are not obliged to pay you the Service Charge due from the Customer if the In-app Payment failed because Customer's credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Service Charge due from the Customer and shall transmit it to you once the Customer has made the requested payment.
6.7. Please note that we will set off any Service Charges or Tip paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. Eloking Fees and contractual penalties). We reserve the right to fulfil any of your financial liabilities to Eloking, in which case we will acquire the right to submit a claim against you. We may set off any of your financial liabilities against financial liabilities that you may have against us.
6.8. If we are not able to pay the Service Charges or Tip to you due to you not including your payment or bank account details in your Player's Account or if the payment or bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct payment or bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Service Charge or Tip not transferred to you shall expire.
7.1. We provide the Players customer support regarding the use of the Eloking Services. We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.
8.1. In order to guarantee high-quality service and provide additional reassurance to Customers, you hereby acknowledge that the Customers may provide you a rating and leave feedback regarding the quality of the Digital Services that you have provided. Your average rating will be linked to your Player's account and will be available to Customers at Eloking Platform. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.
8.2. In addition to the rating, we may measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Digital Service requests.
8.3. In order to provide reliable services to Customers, we may determine a minimum average rating and a minimum activity score that Players must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Player's account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9.1. Campaigns for Customers. We may occasionally arrange various campaigns to Customers in order to promote the Eloking Platform. If the Service Charge paid by the Customer is reduced by more than 40% as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Customers minus 40%. We may set off the marketing compensation against the Eloking Fee.
10.1. You hereby acknowledge and agree that we provide an information society service and do not provide Digital Services. By providing the Eloking Platform and Eloking Services, we act as marketplace connecting Customers with Players to help them achieve certain goals in video games. You acknowledge that you are providing the Digital Services either independently or via a company as an economic and professional activity. Eloking, as the operator of Eloking Platform acts as the commercial agent of the Players for the mediation of conclusion of contracts between the Player and the Customer, and thus, among other things, accepts payments from the Customers and forwards the payments to the Player.
10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
10.3. You may not transfer your rights and obligations deriving from the Terms and Conditions or Agreement to any third party.
11.2. Eloking has access to all personal data and other data provided or generated in connection with your use of the Eloking Services. Eloking shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Eloking maintains access to such data also after the Agreement between you and Eloking is terminated.
11.3. You have access to personal and other data provided by you or generated in connection with your use of the Eloking Services to the extent that is made available to you under your Player Account through Eloking Platform. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Customers.
12.1. The Eloking Platform is provided on an "as is" and "as available" basis. We do not represent, warrant or guarantee that access to Eloking Platform will be uninterrupted or error free. As the usage of Eloking Platform for requesting Digital Services depends on the behavior of Customers, we do not guarantee that your usage of the Eloking Platform will result in any Digital Service requests.
12.2. To the maximum extent permitted under the applicable law, we, nor Eloking's representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Eloking Services, including but not limited to:
12.2.1. any direct or indirect property damage or monetary loss;
12.2.2. loss of profit or anticipated savings;
12.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
12.2.4. loss or inaccuracy of data; and
12.2.5. any other type of loss or damage.
12.3. The financial liability of us in connection with violating the Terms and Conditions or Agreement will be limited to 250 euros. You shall have the right to claim for damages only if we have deliberately violated the Terms and Conditions or Agreement.
12.4. We shall not be liable for the actions or non-actions of Customers and shall not be liable for any loss or damage that may incur to you as a result of actions or non-actions of Customers.
12.5. You shall be fully liable for breach of the Terms and Conditions, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the Terms and Conditions, Agreement and laws and regulations. If Customer presents any claims against us in connection with your provision of Digital Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
13.1. The conditions expressly specified in these Terms and Conditions shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Digital Services on Eloking Platform.
13.2. You may terminate the Agreement at any time by notifying Eloking at least 7 (seven) days in advance, after which your right to use the Eloking Platform and Eloking Services shall terminate. Eloking may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
13.3. Eloking is entitled to immediately terminate the Agreement and block your access to the Eloking Platform without giving any advance notice in case you breach the Terms and Conditions or Agreement, any applicable laws or regulations, disparage Eloking, or cause harm to Eloking's brand, reputation or business as determined by Eloking in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Player Account.
13.4. We may also immediately suspend (block) your access to the Eloking Platform and to the Player Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
13.5. We are aiming to provide the highest quality service to all Customers therefore we are monitoring the activity of Players on Eloking Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.
13.6. Additional requirements and safeguards provided in Regulation (EU) 2019/1150 (Regulation) shall apply where the termination of the Agreement or blocking of the access to the Eloking Platform affects the rights of the Player using the Eloking Services for the provision of Digital Services in the member state of the European Union or European Economic Area (Member State).
13.7. The Player referred to in section 13.6 (Business User Operating in the Member State) has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of Eloking with the Regulation, in accordance with the Internal Complaint-Handling System Rules for Business Users of Eloking.
14.1. Eloking reserves the right to amend these Terms and Conditions anytime by uploading the revised version on its website (https://eloking.com/terms-for-players) and notifying you (e.g. via e-mail, Eloking Platform or Player Account) whenever, in the reasonable opinion of Eloking, such amendments are material.
14.2. Eloking shall provide at least 15 days advance notice (e.g. via e-mail, Eloking Platform or Player Account) about the amendments that affect the rights of Business Users Operating in the Member State, unless:
14.2.1. Eloking is subject to a legal or regulatory obligation which requires it to amend the Terms and Conditions in a manner which does not allow it to respect the advance notice period;
14.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Eloking Services, Customers or Players from fraud, malware, spam or data breaches;
14.2.3. you have elected to waive the advance notice period (e.g. you continue to use Eloking Services after receipt of the notice of amendment); or
14.2.4. in the reasonable opinion of Eloking, amendments are beneficial for the Players and do not require technical adjustments from them.
14.3. If you do not agree to the amendments of the Terms and Conditions or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Eloking Services and providing termination notice to Eloking. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Eloking Services on or after the effective date of the amendment constitutes your consent to be bound by the Terms and Conditions or Agreement, as amended.
15.1. The Terms and Conditions and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of Latvia. If the respective dispute resulting from Terms and Conditions or Agreement could not be settled by negotiations, then the dispute shall be solved in the Republic of Latvia.
16.1. You are obliged to immediately notify us of any changes to your contact information.
16.2. Any notice required to be given under the Terms and Conditions and Agreement shall be sufficiently given if:
16.2.1. delivered personally,
16.2.2. sent by courier with proof of delivery,
16.2.3. sent by registered mail,
16.2.4. sent by e-mail or
16.2.5. made available via the Eloking Platform or Player Account.
16.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:
16.3.1. if delivered personally, at the time of delivery to the party;
16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
16.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
16.3.4. if made available via the Eloking Platform or Player Account, or
16.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
The Terms and Conditions will be governed by and construed and enforced in accordance with the laws of Republic of Latvia. If the respective dispute resulting from Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in a court of general jurisdiction of the Republic of Latvia. If any provision of the Terms and Conditions is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force of the Terms and Conditions: 01 November 2021.