Terms of Services

Please read the following Terms of Service carefully before using and/or shopping at Nospells.com. Remember that if you do not agree to any of the rules or guidelines, you should not use the website and any of its services.

Nospells.com reserves the right to change the agreement and the conditions under which the Platform offers its services. It is your responsibility to review the Terms of Service and check for any possible updates.

Your continued use of the Nospells.com and its services will signify the agreement to the following terms and conditions.


1. GENERAL

1.1 This Terms of Service agreement, as well as any other appendix attached or referred to this matter, if any at all (the “Agreement”), constitutes an agreement between you (the “User”) and Nospells.com (the “Company”, “we”, “us”, “our”). 

1.2 The Agreement shall determine, among other aspects,

  1. the way in which Nospells.com provides its Services (as henceforth defined); and
  2. the way in which you use the Platform (as henceforth defined).

1.3 There are two categories of people who may use the Services, and for whom they are intended:

  1. individuals who have already reached the age of majority, which is 18 years and older, who are allowed to form valid and binding contracts under applicable regulations, and
  2. individuals who have not yet reached the age of majority, i.e. they are under the age of 18, provided that they are under the direct supervision and have the consent of their parent(s) or legal guardian. All transactions initiated by minors (individuals under the legal age) who are pursuant to this Agreement will be regarded as those that have been supervised and approved by their parents or legal guardians. Any activities carried out by minors shall fall under the responsibility of such parent or legal guardian.


2. DEFINITIONS AND INTERPRETATIONS

2.1 In these Terms of Service, the following words and expressions shall have the following definitions (as long as there are no specific context requirements):


Account is the account that you create on Nospells.com in order to access or use the Platform;

Business Day is any working day (from Monday to Friday inclusive) that is not a public or bank holiday;

Buyer is the person who purchases any Goods and/or Services at Nospells.com;

Goods and/or Services are any digital goods or services that are listed and offered by the Seller for sale at Nospells.com;

Nospells.com Services are all services and features that are offered by Nospells.com for its users through the Platform. It includes — but is not limited to — those Nospells.com services that make it easier to form a Sale Contract between the Buyer and the Seller (Nospells.com);

Information is various kinds of data, such as graphic images, text, audio or video clips, content, maps, descriptions, details, dimensions, or other materials;

Intellectual Property Rights are rights, titles, or interests in, to and under such creations of mind as copyrights, trademarks, patents, logos, registered designs, trade names, service marks, and all other proprietary, industrial, and intellectual rights;

Sale Contract is the agreement that is concluded between the relevant Buyer and the Seller (Nospells.com) through the Platform in order to conduct the sale of any of the offered Goods and/or Services;

Seller is the company, i.e. Nospells.com;

Personal Data shall have its meaning determined in the Privacy Police;

Platform is the online platform, such as a website, mobile version of the website, or mobile app which has been developed and/or operated by Nospells.com;

Registration Process is the process set out by Nospells.com for users to register and create an account with Nospells.com;

Representatives are employees, workmen, agents, servants, personnel, and/or representatives of the relevant party; and

You” (“your”) covers any Nospells.com user, including but not limited to the Buyers.

2.2 In this Agreement, as long as there are no specific context requirements:

  1. words denoting plural include singular and vice-versa;
  2. words denoting individual human beings (natural persons) include corporate and unincorporated bodies as well;
  3. references to any laws or legislation, as well as references to any provision of any laws or legislation, shall include all relevant instruments, statutory requirements, and regulations that have been issued under such laws, legislation, or provision, as well as any re-enactment, modification, or variation of any of the aforementioned;
  4. all headings of this Agreement are intended solely for convenience of reference and they shall not affect the way this Agreement is formed or interpreted;
  5. no interpretation or construction rule applies to the detriment or disadvantage of the party that is responsible for the preparation of this Agreement and has control over it; 
  6. references to any party of the Agreement (as well as other possible agreements or instruments) shall include the successors and permitted assigns of that party; and
  7. words that follow such terms as “include”, “including”, or similar phrase shall not limit the generality of the relevant general words and shall be considered as illustrative.


3. LICENSE AND ACCESS TO THE WEBSITE

3.1 All those who seek access to the Nospells.com Platform and its Services shall open an Account with Nospells.com according to the Registration Process. When you have registered successfully, you may be given access to the Platform and Nospells.com Services by logging in to your Account. Nospells.com shall have the right to carry out a background investigation on you and, in its absolute and sole discretion, refuse to give you access to the website and Nospells.com Services. You may receive a request for the provision of additional verification or information while signing up.

3.2 The confidentiality and security of the account’s password and username information remain your sole responsibility at all times. Should there be any unauthorised access to your Account, you shall notify Nospells.com about it immediately. Each time Nospells.com receives confirmations, notifications, or instructions from your Account, such information shall be deemed to have been sent by you while you shall be bound by that confirmation, notification, or instruction despite the fact that it might have been sent by a third party, no matter whether it was authorized or not. Nospell.com shall bear no liability or responsibility for acts taken on the confirmation, notification, or instruction issued through your Account. Nospells.com shall have no obligation related to the investigation of the authority or authenticity of the individual that has been issuing the confirmation, notification, or instructions. The Company shall not be obliged to verify the extent of their completeness.

3.3 You shall keep track of any activities or transactions that happen on your Account. It is your sole responsibility to check and verify the history of activities through your Account. Please notify Nospells.com immediately if you:

  1. notice some suspicious activity or transaction taking place through your Account or if there is something wrong with their history in your Account;
  2. receive messages from Nospells.com that are difficult to understand, inaccurate, or incomplete; and
  3. receive any kind of information that is clearly not intended for you. You are not allowed to use or disclose such messages unless you have have Nospells.com’s written consent.

3.4 One individual can have only one Account at Nospells.com unless there is an agreement with the Company. You are not allowed to create accounts on behalf of other people or with the intention to impersonate someone else. If the Company finds out that this rule has been violated and such an account exists, Nospells.com shall be entitled to suspend it without hesitation. In that case, the Company reserves the right to communicate to the relevant authorities as a remedial action without any liability on the part of Nospells.com.

3.5 Users are granted a limited license to access the materials and make personal use of Nospells.com without downloading (save and except page caching) or modifying the website or any of its portions as long as there is no written consent of Nospells.com. Such license shall not cover any commercial use of Nospells.com or its contents; copying or downloading of account data for the benefit of third parties; any derivative usage of Nospells.com or its contents; any use of bots, data mining, or similar services for data harvesting and extraction. Users shall not use neither Nospells.com as a whole, nor any of its portions in order to make copies, duplicates, reproductions, or sale, resale, visit or somehow exploit the website for any kind of commercial purposes as long as there is no written consent of Nospells.com. The use of such automated software as scrapers, bots, or spiders is strictly prohibited.

3.6 Users are not allowed to make use of any proprietary information of Nospells.com, such as its logo or trademark (including without limitation images, text, form, or webpage layout), as long as they do not have a written consent of Nospells.com. It is prohibited to use meta tags or any “hidden text” practices that utilize the name of Nospells.com or its trademarks as long as Nospells.com has not given its written consent. Users shall not use any proprietary graphic or trademark of Nospells.com without clear written consent. In the event of any unauthorised use of the website, the previously granted license or permission shall be deemed terminated. 


4. SALE CONTRACT


General information

4.1 A Sale Contract is a contract that has been formed between Nospells.com and the Buyer. The information about the Nospells.com’s guarantee for its Goods and/or Services can be found in the “Warranty, Refund, Replacement” section of the website. Nospells.com shall bear no liability or responsibility for any penalties, costs, liabilities, losses, claims, damages, fines, and/or expenses that arise from the Sale Contract, as well as violations, faults, failures, delays, and/or negligences, provided that they are on the Buyer’s part. The Buyer accepts and admits the possibility of modifications being made by the relevant game developer to the game account and all its content which have been purchased by the Buyer through the Platform. In that case and under such circumstances, Nospells.com shall bear no liability in any event whatsoever. Nospells.com has no obligation to carry out pre-screening on the Buyer. 

4.2 The following terms and conditions shall be observed and complied with as part of the Sale Contract agreement:

  1. The Buyer shall not make changes to any Sale Contract that has been formed on the Platform, as well as cancel it, unless there is a written agreement with Nospells.com which implies the condition that the Buyer shall compensate Nospells.com in full for any possible charges, losses, damages, losses of profit, expenses, and costs experienced by Nospells.com as a result of those changes or cancellation;
  2. The Buyer shall conduct all his or her obligations diligently with accordance to the Sale Contract, in appropriate time span and with due care and skill;
  3. The payment determined by the Sale Contract shall be carried out according to the Appendix A; and
  4. The Buyer shall follow any instructional materials, policy, and/or guideline related to the Sale Contract that may be occasionally issued by Nospells.com.

4.3 Should there be any kind of issue, conflict, or dispute between the Buyer and the Seller in regard to the Sale Contract, 

  1. Nospells.com encourages you to contact our customer support team and discuss the situation in order to come to terms as soon as possible on mutually agreed terms without further disputes, while Nospells.com shall facilitate the agreement financially whenever it is possible.
  2. Nospells.com shall follow the Company’s policies as regarding disputes and their resolution. If the issue is not on Nospells.com’s part, the Company may, although with no obligation and at its absolute and sole discretion, resolve the issue for the benefit of the Buyer in good faith. Nospells.com is not obliged to take part or intervene in any possible disputes between the Buyer and related outside party (e.g. email service provider), but it shall still provide an adequate customer support. The Buyer shall follow all sensible guidelines that might be provided by Nospells.com in that matter.
  3. The Buyer may approach the relevant parties that deal with disputes arising from such transactions.
  4. Nospells.com will have its right to hold any funds received from the Buyer as a payment for the relevant items until both parties reach a binding resolution that is mutually acceptable; and
  5. The Buyer shall release Nospells.com, as well as its employees and agents, from all consequential and actual claims, demands, and damages of all sorts, regardless of whether they are disclosed or undisclosed, suspected or unsuspected, known or unknown, in any way related to or arising out of any kind of disputes with a third party as long as it is permitted by applicable legislation.


Seller’s obligations, warranties, and representations

4.4 The Seller, which is Nospells.com, provides the Buyer with access to a range of resources that includes digital items and accounts for sale (the Goods). These Services and Goods, as well as any possible future updates, features, and enhancements are subject to these Terms of Service.

4.5 The Seller does not represent and is not affiliated with any game developer or publishing company, including but not limited to Riot Games.

4.6 The Seller shall charge the Buyer’s credit card only after their order is in the process of shipping or delivery. 

4.7 The Seller may set prices for its Goods and Services at its absolute discretion.

4.8 The Seller shall not violate the Sale Contract and engage in any activities that may have effect on the Buyer’s right to the purchased digital item.

4.9 The Seller shall provide the most accurate descriptions for its digital items that are for sale. The items have to conform with their descriptions on the website.

4.10 The Seller shall deliver the purchased Goods to the Buyer in a timely manner as soon as the Buyer has paid for the relevant digital item. In case of unexpected circumstances, the Seller shall provide a comprehensive explanation and adequate support until the Buyer receives the purchased digital item or a refund.


Refund and cancellation policy

4.11 Nospells.com allows the Buyer to get a refund provided that there are adequate reasons for it. Refunds shall be issued under the following conditions:

  1. An item has been paid for but never received by the Buyer. The Buyer has not received the account he or she has already paid for. It allows the Buyer to request a refund.
  2. The Buyer has paid multiple times for the same order that has not been delivered. In this event, Nospells.com shall refund one or multiple payments as long as there are payments without the relevant item being received.
  3. The Buyer has been asked to provide additional information for payment verification and refused to do it or has not responded to the request within a week. In that event, the Buyer’s order shall be cancelled while the Buyer receives a refund immediately. 
  4. The Buyer’s payment amount has been smaller than the order amount. In that event, the Buyer will still be able to make up the balance. Should there be no response from the Buyer within a week, that order shall be cancelled while the Buyer receives a refund immediately. 

4.12 In order to apply for a refund, the Buyer has to contact the Nospells.com customer service and prove that there is an adequate reason for a refund. In that event, the representative of Nospells.com shall verify the refund request and either approve or disapprove it. In case of approval, the refund will be returned via the same payment system that has been used to make an initial payment for the order. 

4.13 Refund requests shall be processed by Nospells.com within 5 working days. The exact time may depend on the processing speed of the payment system that has been used by the Buyer. 

4.14 Nospells.com does not provide refunds under the following conditions:

  1. The item has been already delivered to the Buyer and it is consistent with the item description on the Platform.
  2. The order has not been paid for. In that event, the Buyer cannot request a refund, because it is an unpaid order.
  3. Any reason that is not listed among the foregoing reasons after “Refunds shall be issued under the following conditions”. 


5. GENERAL OBLIGATIONS

5.1 The Buyer shall, at his or her own expense:

  1. respect and comply with every applicable regulations, laws, guidelines, delegated or subordinate legislation, statutes, directives, byelaws, determinations, notices, and any other applicable requirements from the relevant bodies, such as regulatory, government, and statutory institutions;
  2. respect and comply with all rules, procedures, guidelines, instructions, policies, and regulation that are related to and can be found on the Platform; and
  3. receive all sorts of permissions (contractual, regulatory, statutory, or other), licences, consents, and approvals that are necessary for the Buyer to maintain obligations under the Sale Contract and current Agreement within the duration of the Contract.


6. USE OF NOSPELLS.COM SERVICES AND WEBSITE

6.1 All users who agree to the Nospells.com’s Terms of Service and current Agreement are granted the right to access the website Nospells.com and make use of its services. This right is non-exclusive and cannot be transferred. The extent of this right shall be no larger than what is permitted by this Agreement. Users are not allowed to commercialize the use of the website “Nospells.com” and its Services in any possible manner.

6.2 All information that can be found on the Platform or available on the website, as well as the Platform and all services provided by Nospells.com, shall constitute and therefore be considered as “Nospells.com Platform and Services”. Should there be any kind of reference to Nospells.com Platform and/or Services, it must include any part thereof. It shall not be applied to the cases when the Contract or Terms state otherwise. It also shall not be applied if there is a written consent by the authorized Nospells.com representative. Under all other circumstances, you should not make attempts to (or allow a third party to):

  1. spread information taken from Nospells.com Platform or Services unless such activity is incidental or permitted under the normal usage of Nospells.com and its Services, or when the Agreement implies such distribution, or other reasons related to backup and secure operations;
  2. loan, vary, rent, translate, lease, sublicense, adapt, or merge Nospells.com website and/or its Services;
  3. modify or alter anything that can be found at Nospells.com, as well as give permission to incorporate in or combine Nospells.com and/or its Services with any software;
  4. engage in reverse engineering, decompiling, or disassembling related to the Nospells.com Platform as a whole or any of its parts, as well as create any derivatives on its basis or on the basis of its Services;
  5. obtain and then give or make available the Nospells.com Platform’s source and object code to third parties, regardless of the form;
  6. utilize the Nospells.com Platform and/or its Services for unlawful purposes or in any manner that violates law and/or in conflict with the Agreement, or engage in fraudulent or malicious activities;
  7. harvest any data from the Nospells.com Platform and its Services or Nospells.com systems or try to decrypt the information that is transmitted between the servers that are related to any Services that are offered by Nospells.com;
  8. attempt to access any Nospells.com’s information that is clearly not intended for you, which includes but not limited to the authorization on the website under an account that you should not have access to;
  9. utilize devices, programs, or practices that allow one to hinder the proper operation of Nospells.com and cause the transmission of any kind of viruses, malware, harmful code or data into or through Nospells.com or any OS;
  10. violate the integrity of the Nospells.com Platform or its Services in any possible way, including without limitation misusing, abusing, or hacking any of its programs, servers, or other aspects;
  11. promote any unsolicited materials through the Nospells.com Platform or its Services by sending messages or publishing ad materials; and
  12. utilize the Nospells.com Platform and its Services so that it leads to overburdening, impairment, compromising, disability, or any sort of damage to the Nospells.com servers, programs, and security systems, as well as meddle in the way other people utilize the Nospells.com Platform and its Services.


7. USER INFORMATION

7.1 It is the responsibility of a user to make sure that all information that is submitted to Nospells.com or stored on the website by the user is accurate, updated, and complete. Users have the needed authorization and right to give such information to the Platform. Users guarantee that this information cannot lead to any kind of infringement of any third-party rights due to Nospells.com having used this information. Such data includes but not limited to the creations of mind, also known as IP rights. 

7.2 Users are not allowed to spread through Nospells.com and its Services any information that goes against the law, does harm in any possible way (including technological), may be considered as vulgar, threatening, profane, abusive, obscene, offensive, or defamatory, which spurs unacceptable or unlawful conduct that may ba equivalent to a crime, cause civil liability, or go against any rules, or which contravenes or may be in conflict with the rights of third-parties. 

7.3 Once you provide or post any information on Nospells.com, through its Platform or Nospells.com Services, you thus guarantee that the person who owns that information has clearly given Nospells.com the non-exclusive, permanent, and irreversible right free of any royalties, as well as the license to spread and reproduce such data or any of its parts through the Nospells.com website. It does not applies to the Personal Data of users as it is processed by Nospells.com according to the Privacy Policy that can be found on the website.


8. POLICIES

8.1 Users have to follow, respect and observe all Platform rules, including the Nospells.com’s Terms of Service and its policies that are stated in this Agreement and shall be regarded as “Policies”.

8.2 The Policies of the Nospells.com Website and Platform are and may be part of the Terms of Service, as well as the conditions and requirements stated in the Agreement.


9. LINKS

9.1 There can be links to third-party resources on the Nospells.com Platform. Such third-party resources shall be regarded as “Third Party Websites and their content”. The links to the Third Party Websites and their content are provided only for further convenience of Nospells.com’s users. Nospells.com shall not be responsible for any kind of information that may be found on these Third Party Websites as it does not have any sort of control over any of them. Nospells.com shall not be responsible for any possible damage or losses that may be caused by using the Third Party Websites and their content. Users who have in mind that they should enter any of the Third Party Websites and access their content automatically agree that they will enter and access it at their own risk.


10. PERSONAL INFORMATION OF USERS

10.1 The processing of all personal information of users of Nospells.com is always done in conformity with the Nospells.com’s Privacy Policy that can be found in the respective section of the website.

10.2  With regard to any Personal Data that may be contained in the information or data you access, collect or process through Nospells.com or on its behalf, you agree to:

  1. observe the rules of Nospells.com’s Privacy Policy, and not engage in any activities that may cause Nospells.com to contravene what it has obliged to as a “data user” under the requirements of this policy;
  2. comply with any published Nospells.com’s requirements and notices that are related to the protection of Personal Information of Nospells.com Users;
  3. provide Nospells.com access to Personal Information if the Company has an adequate reason for that; and
  4. unhesitantly inform the Company or its representatives if you discover or get to know about any possible violations in what regards your obligations in this Agreement to make sure that the Personal Data remains safe and protected. In the event this Agreement has been terminated, this Clause shall remain in force.


11. REVIEWS AND COMMUNICATIONS

11.1 Users of Nospells.com are entitled to leave reviews and feedback about the purchased items and overall experience with the website. They may submit questions, comments, ideas, and suggestions, as well as other information, as long as such content remains legal and does not contain obscenities, threats, defamations, invasion of privacy, intellectual property rights infringements, and is not objectionable or illegal in any way possible. Such content shall not contain any kind of malicious software, commercial solicitations, political campaigning, mass mailing, chain letters, or any form of “spam”.

11.2 Users of Nospells.com shall not use an incorrect email address, pretend to be any other individual or entity, or otherwise mislead others with respect to the origin of a card or other information.

11.3 Users of Nospells.com that leave reviews or other kinds of content on the website automatically agree that, unless it is otherwise stated in these Terms of Service, they grant Nospells.com and its affiliates a non-exclusive, perpetual, irrevocable, and fully sublicensable right to utilize, publish, adapt, modify, reproduce, display, distribute, and show such content, as well as any created derivative works, throughout any media. Users also grant Nospells.com and its affiliates and sublicensees the right to use the name that is submitted with respect to such content. Users warrant that they have control over all the rights to the information and content they publish on Nospells.com; that these materials are accurate; that use of such information does not contravene these Terms of Service and will not do harm to any individual or entity; and that they indemnify Nospells.com and its affiliates for all claims related to the information and content that these users publish on the website.

11.4 Nospells.com has the right, but is not obliged to, monitor such activities and remove or edit such information or content at its discretion. Nospells.com shall bear no responsibility or liability for any information posted by users or any third party.


12. CONFIDENTIALITY

12.1 All information that has been made available by the disclosing party, oral or in any readable form, to the receiving party, is considered as “Confidential information”. It may or may not be described as “Confidential” and can be disclosed either before or after the point when this Agreement come into force. Such disclosed information should relate to the Agreement or become available in connection with it. 

12.2 The following information shall be regarded as Confidential:

  1. Data related to the business that belongs to the disclosing party or any of their affiliates that have connection to that business;
  2. Technical data of any kind;
  3. Information about revenue or income of the disclosing party or any of their affiliates;
  4. Know-how information;
  5. Information about the financial condition and operations of the disclosing party;
  6. Marketing strategies;
  7. Trade secrets;
  8. Any other proprietary or confidential data that is regarded as such by its nature, which is related to the disclosing party or affiliated companies.

12.3 The following information shall not be regarded as “Confidential”:

  1. Information that was already available to the receiving party at the moment of being disclosed and did not imply any sort of obligation to keep it in secret as long as such party can provide enough credible evidence that the information has truly been in their possession at the moment of disclosure;
  2. Information that has been created by the receiving party in and of itself;
  3. Information that has become available to a broader public prior to being disclosed, save and except cases in which it has become publicly available due to a breach of the Agreement by the receiving party;
  4. Information that has become available non-confidentially from other sources except for the disclosing party; granted that such source have not been involved in any secrecy or confidentiality-imposing agreements with the disclosing party.

12.4 As long as it is not stated otherwise in these Terms of Service, the party that receives any Confidential Information give their agreement to prevent the disclosure of such information to any party except the cases where:

  1. There is a legal requirement of such disclosure in accordance with laws, legislation, or rules of competent authorities and bodies.
  2. The Terms of Service allow such disclosure under certain circumstances.
  3. The information is disclosed to the representatives or advisors of that party, provided that there is a clear need disclose and learn it.
  4. There is an approval of the party that discloses the information, written in advance to the disclosure.

12.5 If there is a requirement to disclose any of Nospells.com’s Confidential Information in compliance with legal regulations or to to the requirement of any court of competent jurisdiction, you shall provide Nospells.com with a written notice before the disclosure. Such notice should be sufficient for Nospells.com to seek a restraining order or any appropriate remedy under these circumstances. In that event, you shall:

  1. disclose only that amount of information that is required by law;
  2. attempt to secure confidential treatment for Nospells.com’s Confidential Information by using commercially reasonable efforts if it is requested by Nospells.com;
  3. take action, which is deemed as necessary by Nospells.com, to challenge a possible disclosure and minimize it if possible; and
  4. ensure full cooperation with Nospells.com.

12.6 The purposes stated in this Agreement shall be the only conditions under which Confidential Information can be used.

12.7 Nospells.com shall have the right to disclose user information to the relevant Buyer if it is necessary to carry out Nospells.com’s Services. You provide Nospells.com with the irrevocable and unconditional authorisation allowing to use your data for the purposes stated in the Sale Contract. 


13. INTELLECTUAL PROPERTY RIGHTS

13.1 The already existing Intellectual Property of Nospells.com shall remain in the possession of the current owner. The same applies to any of Nospells.com’s partners. The rights to Nospells.com’s Intellectual Property cannot be assigned or transferred to you in compliance with this Agreement in any manner whatsoever. 

13.2 Any rights to Intellectual Property that are developed by Nospells.com in accordance with this Agreement shall belong completely and unequivocally to Nospells.com.

13.3 Users shall not engage in any kind of activities, whether by themselves or with help of other individuals, that may lead to the infringement of the Intellectual Property Rights of Nospells.com or those belonging to a related third party.

13.4 Users shall use the Information provided by Nospells.com under the conditions of these Terms of Service in which Intellectual Property Rights of Nospells.com remain in force only to the extent that is allowed by these Terms. If the Agreement is terminated, this clause shall remain in force. 

13.5 Nospells.com respects the intellectual property of other entities and individuals. Should there be enough evidence that any of the website materials somehow constitute copyright infringement, such materials shall be removed immediately. 

14. CONSUMER PROTECTION

14.1 Nospells.com’s customers have the right to apply for a refund or request a replacement account. There are the following conditions under which Nospells.com provide refunds and replacements for game accounts:

  1. The account, which has been purchased through Nospells.com, is banned for a reason that has nothing to do with the customer’s behavior in the game.
  2. The purchased account has a low priority queue in the game. 
  3. There are other specific issues with the purchased account that have not been stated in its description on the Platform. 

14.2 Nothing in these Terms of Service is intended to limit the liability of Nospells.com to its customers for any possible losses or damage that have been caused by:

  1. Nospells.com’s carelessness; or
  2. Nospells.com’s violation of any clear or implied conditions of these Terms of Service with no adequate reason.


15. WARRANTY, UNAVAILABILITY, AND DISCLAIMER

15.1 Nospells.com guarantees that its services will be provided with adequate care and skill. 

15.2 Some information that you may encounter through the Nospells.com’s Platform or Services may have come from a third party. Nospells.com will commit enough adequate efforts to make sure that the communicated data will maintain its initial state as provided by the third party. That being said, Nospells.com gives no guarantees that such data will be free of errors, exact, comprehensive, reliable, or up-to-date. 

15.3 In terms of the usage of the Nospells.com website and its Services, Nospells.com does not guarantee that:

  1. all or any specific functions that can be found on the website will be exactly what users require;
  2. the Nospells.com website or its Services will work without errors or interruptions;
  3. any possible imperfections in the operation of the Nospells.com or its Services will be corrected; and
  4. the website does not contain online interruptions, malicious software, errors in code, or other potentially harmful threats. It is the responsibility of users to take necessary measures to arrange an adequate security and virus protection on their devices before visiting the website.

15.4 You understand and agree to the following:

  1. Nospells.com shall not bear liability for any recommendation or advice that is given by their representatives as recommendations or advices do not always represent the actual features, qualities, or applications of a specific service and are a matter of opinion. If you follow and act upon any advice or recommendation that comes from Nospells.com’s representatives, you do so at your sole discretion and risk. 
  2. All transactions that take place on or through the website are conducted via telecommunications and data networks. Therefore, it may take some additional time for users to receive notifications from Nospells.com and the other way round due to delays or other factors affecting relevant parties like service providers. You understand and agree that Nospells.com cannot ensure the instant delivery of such messages.
  3. Maintenance or upgrading works may lead to the Nospells.com website or Services being unavailable for some time. These and other similar reasons are outside the control of Nospells.com. Nospells.com cannot guarantee that there will be unhindered access to the website or Services during such periods of maintenance. Nospells.com does not hold any responsibility or liability in any possible way if there are such inconveniences.


16. LIMITATION OF LIABILITY

16.1 To the maximum extent permitted by law,

  1. Nospells.com, its Services, and all data that its users have access to through the Nospells.com website and its Services, should be regarded as those provided on an “as is” and “as available” basis, with no warranty of any kind. Nospells.com therefore disclaims all written guarantees and conditions in respect of Nospells.com, its website and Services, as well as all data that its users have access to as long as there are no related and relevant contradicting statements in these Terms of Service.
  2. Nospells.com shall bear no liability for any possible expenses, liabilities, losses, costs, penalties, fines, claims, and/or damages that may somehow arise from the information being provided by Nospells.com through its website to its users.
  3. Nospells.com shall bear no liability in any event whatsoever for any type of consequential, indirect, incidental, or punitive damages or losses, revenue, production, goodwill, or special losses of any sort, including losses of profit. In that event, it shall not matter whether it was possible to reasonably foresee such damages and losses.
  4. With respect to any possible losses, damages, expenses, fines, penalties, costs, claims, or liabilities that might arise under the conditions of these Terms of Service, the maximum and aggregate liability of Nospells.com shall not be more than the relevant fees paid by customers for the Nospells.com Services in dispute. Among others, such liability may be caused by acts and omissions of Nospells.com Representatives.


17. INDEMNITY

17.1 Users agree to secure Nospells.com, its affiliate companies, and their workers against legal liability and hold them harmless from any liabilities, damages, losses, costs, expenses, penalties, fines, and claims that may arise in any possible manner under the conditions of these Terms of Service because of any breach, omission, or negligence on a user’s part. The indemnity shall be given regardless of legal proceedings being instituted or not. For the avoidance of doubt, this clause shall not restrict Nospells.com from compelling observance or compliance with any other obligations and rights owed to Nospells.com under the conditions of these Terms of Service. 


18. FORCE MAJEURE

18.1 Nospells.com shall bear no liability towards a user or be considered to be in violation of these Terms of Service because of any kind of failure or postponement in conducting any of the Nospells.com’s obligations under the conditions of these Terms of Service, provided that such failure or postponement took place as the result of any cause that is beyond Nospells.com’s control, including without limitation: 

  1. natural or human-made disasters and catastrophes, such as tempests, storms, wildfires, earthquakes, floods, or acts of God;
  2. revolution, requisition, sabotage, civil disobedience, war or threat of war;
  3. prohibitions, restrictions, acts, bylaws, regulations, or measures of any kind that are enforced by any local or government body;
  4. industrial actions like lockouts or strikes, or industrial disputes;
  5. troubles with getting raw materials, fuel, labor, components or equipment; and/or
  6. disturbances or failures in provision of power supply, transportation, telecommunications, or malfunctions in equipment related to the website or Nospells.com Services.


19. NOSPELLS.COM RIGHTS AND SUSPENSION

19.1 Without affecting any other rights that Nospells.com may have under the conditions of these Terms of Service or according to laws, Nospells.com shall have the entitlement to do the following without notice:

  1. suspend or cease a user’s access to the website and Nospells.com Services;
  2. withdraw any data that has been previously submitted to or transmitted through the website by a user;
  3. cease or restrict any activities and transactions that are related to a user’s account;
  4. hold back, keep or forfeit any payment due, owing to a user;

in any of the following events:

  1. Nospells.com has reasonable suspicions that a user has not performed his or her part of the Sale Contract satisfactory, at Nospells.com’s sole discretion;
  2. Nospells.com has reasonable suspicions that a user’s behavior on the website will cause disturbances to the way other users enjoy or use the website or Nospells.com Services; or
  3. A user is found to be in violation of any of the conditions of these Terms of Service or Nospells.com have reasonable suspicions that the user may have committed any such violation.


20. TERMINATION 

20.1 Without affecting any other rights that Nospells.com may have under the conditions of these Terms of Service or according to laws, Nospells.com have the right to terminate the Agreement by a written notice in the following events:

  1. a user is in violation of any of the conditions of these Terms of Service and such violation is not remedied by the user within the thirty-day period of Nospells.com written notice; or
  2. a user shall pass a winding up resolution, become or is at risk of becoming subject to any kind of bankruptcy administration, or if there is a receiving order from an authorised body, or the user makes a composition with his or her creditors.

20.2 Without affecting any other rights that Nospells.com may have under the conditions of these Terms of Service or according to laws, the termination of the Agreement:

  1. ceases all rights that have been previously granted to a user under this Agreement;
  2. demands an immediate cessation of activities on a user’s part that have been authorised by this Agreement; and
  3. demands an immediate destruction or, at Nospells.com’s request, prompt return of all Nospells.com’s Confidential Information which is in a user’s possession, as well as confirmation that it has been done so.


21. VARIATION

21.1 Nospells.com shall be entitled to make amendments, modifications, additions, or delete parts of these Terms of Service at any time, or to impose new conditions, such as additional charges and fees for access and usage. Any of such actions shall come into force upon notice thereof. Such notice may be provided via the website post, electronic or conventional mail, or any other way to obtain notice thereof. If you use the website and Nospells.com’s Services after receiving such notice, it shall be considered that you have accepted the Terms of Service with new modifications, amendments, deletions, or additions.

21.2 In the event you do not agree to any of such possible modifications, amendments, deletions or additions, you shall inform Nospells.com about it immediately. In that event, the Agreement shall be considered as terminated as long as Nospells.com does not decide otherwise. 

21.3 Nospells.com shall be entitled to make changes or remove any feature or part of the website and Nospells.com’s Services, including its content, working hours, and equipment.

21.4 No modifications or amendments to the Agreement by users shall be valid and binding as long as there is no written approvals by both parties.


22. NOTICES

22.1 Notices shall be considered as served successfully:

  1. the next working day after being delivered if it has been delivered in person;
  2. five days after being sent if it has been sent by a registered mail service or courier;
  3. upon receiving the successful transmission confirmation report if sent by facsimile, provided that the notice has been sent before 5 p.m. on a Working Day; or the next Working day if it has been sent after 5 p.m. on a Working Day or on a non-Working Day;
  4. upon receiving the email delivery confirmation if it has been sent by email and recorded as such before 5. p.m. on a Working Day; or the next Working day if it has been sent after 5 p.m. on a Working Day or on a non-Working Day.

22.2 As long as it is not agreed or stated otherwise in these Terms of Service, all notices to be delivered to users shall be in written form and deemed sufficient and legally acceptable if delivered in such way as:

(if from Nospells.com to a user)

  1. via posts, publications, or notification on or through the relevant website;
  2. via an email message to a user’s email address which has been previously provided by the user;
  3. via a newspaper publication; or
  4. via SMS to a user’s mobile phone number provided that it has been previously provided to Nospells.com.

(if from a user to Nospells.com)

  1. via the website form that is accessible through the “Contact Us” page;
  2. via the customer support live chat;
  3. via the Nospells.com social media accounts (Facebook, Twitter, Instagram, Reddit).

22.3 Notices shall be considered as served successfully:

  1. the next working day after being delivered if it has been delivered in person;
  2. three days after being sent if it has been sent by a registered mail service or courier;
  3. upon receiving the successful transmission confirmation report if sent by facsimile, provided that the notice has been sent before 5 p.m. on a Working Day; or the next Working day if it has been sent after 5 p.m. on a Working Day or on a non-Working Day;
  4. upon receiving the email, SMS, chat message, or social media message delivery confirmation if it has been sent via any of the foregoing methods and recorded as such before 5. p.m. on a Working Day; or the next Working day if it has been sent after 5 p.m. on a Working Day or on a non-Working Day.

22.4 Regardless of any other statements in this clause, notifications via email, chat, social media, or through live chat shall not be considered valid or applicable in respect of any legal suits, demands, notices, actions, claims, and/or proceedings.


23. ENTIRE AGREEMENT

23.1 This Agreement, as well as any appendices that have references to in these Terms of Service, constitutes the complete agreement between Nospells.com and a user, and takes the place of any other agreements, arrangements, or understandings between two parties, either written or oral, that may have been formed prior to this one in relation of the subject matter. No other promises, pledges, or representations shall be considered to have been given, including possible implications from anything that has been stated in a written or oral form in previous negotiations between Nospells.com and the user prior to the current Agreement, except as set out and intended in these Terms of Service.


24. SUBCONTRACTING, DELEGATION, NOVATION, ASSIGNMENT

24.1 Users shall not replace with a new contract, transfer, subcontract, or assign to other individuals any of their rights and/or obligations that they agreed to have under the conditions of these Terms of Service and Agreement to a third party as long as there is no consent in written form provided by Nospells.com prior to any of such action. Nospells.com has the right to replace with a new contract, transfer, subcontract, or assign any of the Platform’s rights and obligations that they agreed to have under the conditions of these Terms of Service and Agreement to any of its affiliates.


25. NO WAIVER

25.1 Should there be any non-observance, any postponement or failure on the part of one of the parties in making use of their rights or remedies under the conditions of these Terms of Service at any possible time and no matter for how long, nor any acquiescence or knowledge on the part of the party, shall be considered or operate as a waiver thereof. Any waiver on the part of that party of any non-observance shall constitute a continuing waiver in reference to any further or continuing non-observance. A provision of rights or remedies under the conditions of these Terms of Service shall not be waived as long as there is no waiver in written form that has been signed by the relevant party.


26. SUCCESSORS AND ASSIGNS

26.1 These Terms of Service shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns.


27. SEVERABILITY

27.1 Any of the terms, conditions, undertakings, covenants, provisions, or stipulations (“Provision”, as well as references to Provision shall include any part thereof) that can be found in these Terms of Service and are not legal, valid, or enforceable shall be considered as those that can be severed and as ineffective to the extent of their unenforceable, illegal, or invalid state. In that event, the other Provisions that remain in these Terms of Service shall not be invalidated and/or affected in any possible manner by the Provision that is not legal, valid, or enforceable, or by the severance of such Provision. Should there be such illegal, unenforceable, or invalid Provision in these Terms of Service, the Agreement shall be enforced and interpreted as if such Provision had never comprised a part of it. If the Provision of, or the enforcement of any provision of these Terms of Service is not legal or enforceable or considered as not legal or enforceable, such Provision shall be modified until it is enforceable, valid, and legal, and continue to apply.


28. NO PARTNERSHIP OR AGENCY

28.1 Nothing in these Terms of Service shall form, or be considered to form, a partnership agreement or joint venture between Nospells.com and a user. None of the parties is authorised to act on behalf of the other party, including but not limited to making representations, binding, or contracting. 


29. GOVERNING LAW

29.1 These terms and conditions and transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with the regulations of the international convention on contracts for the international sale of goods. 


30. SURVIVAL

30.1 The parties’ obligations, as well as the representations, warranties, covenants, and provisions that constitute these Terms of Service, which may have effect and which shall by their nature survive after the agreement is terminated or expired, shall remain in full force after the agreement is terminated or expired.


APPENDIX A

(Payment)


Payments by the Buyer

1.1  The buying party shall transfer the amount of money with respect to any Sale Contract (“Sale Contract Sum”) through any of the available and accessible payment gateways offered by Nospells.com on its Platform. It shall be subject to any additional terms and requirements that may be requested to agree to by the relevant service provider of a particular payment gateway.


Nospells.com Services or Administration Fees

1.2 Nospells.com shall have the right to charge Nospells.com Services or Administration fees for Nospells.com Services. That being said, Nospells.com may not necessarily charge its users with any additional fees for the time being. 

1.3 All additional fees imposed by Nospells.com for their services or administration shall be tax-exclusive.


General

1.4 Users shall not have the right to set off any payments due to Nospells.com against any payments due or claims made by them.

1.5 If Nospells.com has reasonable suspicions about a user being engaged in any harmful activities, including fraudulence, Nospells.com shall be entitled to refuse any payment requests made by such user at its sole and absolute discretion.