Terms and Conditions for Users

Last updated: January 4, 2023

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.

Please read the following Terms and Conditions carefully before using the Service. If you do not agree with the Terms and Conditions, you cannot use the Service. These Terms and Conditions apply to any use of the Service.

1. Definitions

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, 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 (also referred to as "you" or "your") - a person requesting assistance in a video game by using the Eloking Platform.

1.5. Player (also referred to as "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. Digital Service - any non-physical service a Player is providing to the Customer whose request the Player has accepted through the Eloking Platform.

2. Using Eloking Service

2.1. Eloking provides an information society service through Eloking Platform that enables mediation of the requests for Digital Services between the Customers and Players and Eloking does not provide specified Digital Services. These Digital Services are provided by Players under a contract (with you) for the execution of the specified services. Players provide Digital Services on an independent basis (either in person or via a company) as economic and professional service providers. Eloking is not responsible in any way for the fulfilment of the contract entered into between the Customer (you) and the Player. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of Digital Services will be resolved between the Customers and Players. Data regarding the Players and their Digital Services is available in the Eloking Platform and receipts for Digital Services are sent to the email address listed in passenger's profile.

2.2. The Customer (you) enters into a contract with the Player for the provision of Digital Services via the Eloking Platform. If you wish, you may also choose to pay a Tip to the Player via the use of Eloking In-app Payment. We may limit the maximum value of a Tip at our sole discretion. Tips are non-refundable.

2.3. Eloking may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a Digital Service or other features or benefits related to the service and/or a Third Party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in Eloking Platform once you have applied the promo code to your account.

2.4. If your Digital Service amount exceeds the redeemable credit allocated to your Digital Service, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per order basis and cannot carry over to a next order and therefore will be forfeited. Only one promotional code may be applied per order.

2.5. Eloking reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Eloking deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

3. In-app Payments

3.1. You can pay for the Digital Services with a card or other payment methods as and when available through Eloking Platform. By providing Eloking In-app Payment service, Eloking acts as commercial agent for the providers of the Digital Services. Every Player has authorised Eloking as their commercial agent for the mediation of conclusion of contracts between the Player and the Customer, including the power to accept payments from the Customers and to forward the payments to the Player. Your obligation to the provider of the Digital Service will be fulfilled when the payment order is given to transfer funds to Elokings' bank account. You, as a Customer are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.

3.2. You may choose to pay a Tip to the Player using the Eloking In-app Payment service. The Tip can be paid via the In-app Payment by means authorised by Eloking for that purpose. Eloking will hold a small commission for the brokerage of the Tip and the Tip will be transferred to the player excluding the commission and any taxes, if applicable. Eloking reserves the right to withhold the Tip, 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 in conflict with Eloking Terms and Conditions.

3.3. When making payments by Eloking In-app Payment, Eloking receives your payments and forwards money to the Player. Eloking may ask additional data from you to verify payment method.

3.4. When making payments by Eloking In-app Payment for Digital Services, Eloking is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Eloking In-app Payment. Eloking is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

3.5. Eloking will be responsible for the functioning of Eloking In-app Payment and provide support in resolving problems. The resolution of disputes related to Eloking In-app Payment also takes place through us. For payment support service please contact: [email protected]. Inquiries submitted by e-mail or Eloking Platform will receive a response within ten business days. Eloking will resolve Eloking In-app Payment related complaints and applications within 20 business days.

4. Ordering and cancelling Digital Services

4.1. If you order a Digital Service and the Player has agreed to undertake the work then the Digital Service is considered to be ordered.

4.2. Once a Player confirms that he/she will fulfil your order, you will enter into a separate agreement with the Player for the provision of the Digital Services on such terms and conditions as you agree with the Player. Eloking does not provide Digital Services and is not a party to your agreement with the relevant Player.

4.3. Cancelling the use of an ordered Digital Service is considered to be the situation where the Player has replied to your request and you subsequently reject, cancel or refuse the Digital Service. When a Digital Service request is cancelled after certain time period you are required to pay a cancellation fee.

4.4. If you cancel a Digital Service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 6 months). After that period you could ask to reactivate your account and your application will be reviewed by Eloking.

4.5. Sometimes Player may decide to cancel your request, please note that Eloking is not responsible for such situations.

4.6. It is possible that the order price is changed upon discovering additional information that might increase the complexity or time to complete the specific order.

4.7. Order details can be adjusted throughout the order fulfillment process if the order complexity or time to complete increases because of factors beyond control of the Player (such as Customer playing and losing ranks). Customer is aware and agrees that because of such situations orders can be marked completed without actually reaching the desired order outcome (i.e., rank not reached because customer lost rank while the order was still in progress).

4.8. Customer acknowledges and accepts that if after purchasing an order there is no activity from Customer for more than 14 calendar days, the order will be marked as completed and no longer refundable.

4.9. Fixed amount discounts may only be used on orders with a total value greater than the value of the discount. For example, if a user wins a 20 EUR discount, it may only be used on an order with a total value of 20.01 EUR or more.

5. Liability

5.1. As the Eloking app is an information society service (a means of communication) between Customers and Players, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of Digital Services. As the usage of Eloking Platform for requesting Digital Services depends on the behaviour of the Players, Eloking does not guarantee that you will always have offers available for the provision of the Digital Services.

5.2. The Eloking Platform does not offer or broker Digital Services for Customers. It is also not an agency service for finding Customers for Players. The Eloking Platform is used as the means for organising the provision of Digital Services.

5.3. The consumer’s right of refund is not applied to Eloking Platform orders. Requesting a refund from the Digital Service does not withdraw you from the agreement in the course of which the provision of the Digital Service was ordered.

5.4. The Eloking Platform is provided on an "as is" and “as available” basis. Eloking does not represent, warrant or guarantee that access to Eloking Platform will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app or website will function at all times, for example a public emergency may result in a service interruption.

5.5. Eloking, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Eloking Platform or relying on it, including but not limited to:

5.5.1. any direct or indirect property damage or monetary loss;

5.5.2. loss of profit;

5.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;

5.5.4. loss or inaccuracy of data; and

5.5.5. any other type of loss or damage.

5.6. The financial liability of Eloking in connection with breach of the contract will be limited to 500 euros. You will have the right to claim for damages only if Eloking has deliberately violated the contract. Eloking will not be liable for the actions or inactions of the Player and will not be liable for damages that the Player causes to the Customer.

5.7. You agree to fully indemnify and hold Eloking, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Eloking Platform.

5.8. Eloking may immediately end your use of the Eloking Platform if you breach these Terms and Conditions or we consider it necessary to protect the integrity of Eloking or the safety of Players.

5.9. Customer agrees that Eloking takes no responsibility in cases where there are actions taken against Customer account (Steam, Riot, etc).

6. Good practice using Eloking Platform

6.1. We ask to fill out a feedback form in the Eloking Platform. This enables us to offer suggestions to the Players for improving the quality of their service.

6.2. We expect that you use Eloking Platform in good faith and be respectful of the Players who offer their services through Eloking Platform. Eloking retains the right to close your account if you have violated the terms set out in this Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the Digital Service, fraud, being disrespectful towards the Players, etc. In these cases, your Eloking Platform account may be revoked without prior notice.

6.3. Eloking will make every effort to ensure that only Players, who have integrity and are respectful of their profession and Customers, use the Eloking Platform. However, we are in no position to guarantee that every provider of Digital Services, located by the Eloking Platform, satisfies the aforementioned criteria at all times. If you experience objectionable Digital Service, please notify our customer support.

6.4. Physical loot box rewards are only available to users who are 18 years of age or older. By accessing and using the loot boxes, the user represents and warrants that they are 18 years of age or older. The company reserves the right to verify the age of any user and to disqualify any user who does not meet the age requirement from receiving physical loot box rewards.

6.5. The company reserves the right to withhold any won rewards if it has a legitimate suspicion that the user has cheated the system or otherwise engaged in fraudulent or deceptive behavior. If the company decides to withhold a won reward, it will provide the user with a written explanation of the reason for the decision. The user may appeal the decision by contacting the company in writing within 30 days of the decision. The company will review the appeal and provide the user with a written response within 30 days of receiving the appeal.

6.6. Loot boxes are provided for entertainment purposes only. The company does not consider loot boxes to be gambling and does not accept any liability for any legal consequences that may arise from their use. By accessing and using the loot boxes, the user agrees to indemnify and hold the company harmless from any claims, losses, damages, or expenses that may result from their use.

6.7. All discounts and cashback rewards from loot boxes, loyalty program, and other promotional offers are only valid for Eloking's direct boosting services. These rewards cannot be applied to marketplace orders or any services where Eloking acts as a marketplace platform or intermediary. Loot box rewards are randomly picked for each user and it is not possible to purchase additional loot box opens. The reward win rates are as follows: Re-roll 10% chance, 5% boost discount ~30% chance, 10% boost discount ~29% chance, 20% boost discount 25% chance, 30% boost discount 3% chance, 40% boost discount <1% chance, 20 USD/EUR boost discount <1% chance, 500 EUR/USD boost discount <1% chance, coaching session <1% chance, Razer headset <1% chance, RTX video card <1% chance.

6.8. To help ensure responsible use of our loot box feature, the company accepts requests to be banned from loot box usage. To request a ban, the user may contact the company via live chat or email and state their desire to be excluded from loot box opening. Upon receipt of the request, the company will remove the user's access to the loot boxes and they will no longer be able to open them. The user may reverse their request at any time by contacting the company in writing and requesting that their access be restored.

6.9. If the winner of a physical reward (such as the Razer headset or RTX video card) is located outside the United States or Europe, the winner will be responsible for any shipping, import duties, taxes, and other costs associated with delivering the prize to their location. Eloking will not cover these expenses, and the winner is responsible for complying with any customs regulations in their country.

6.10. If the originally selected reward becomes unavailable or its cost significantly increases (as determined solely by Eloking), Eloking reserves the right to substitute the reward with a comparable alternative of similar or greater functionality (not necessarily equal value). The substitution will be made at Eloking's discretion, and the winner cannot demand the originally selected reward. The winner may choose to decline the alternative reward, but no other substitutions or requests will be accommodated.

7. Amendments to the Terms and Conditions

7.1. If any substantial amendments are made to the Terms and Conditions, then you will be notified by e-mail or Eloking Platform notifications. If you continue using Eloking Platform, you will be deemed to accept the amendments.

8. Final Provisions

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: 21 February 2022.