Version 1.1, last modified on 12-07-2024
- General Provisions
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- These Terms and Conditions, together with the Privacy Policy and any other documentation contained on the Website, aim to provide information about LMX-Digital and establish the rules for Customers when purchasing Products in the virtual store operated by LMX-Digital on the Website.
- These Terms and Conditions apply not only to Customers but also to any anonymous user who accesses the Site, and by logging in, these persons accept these Terms and Conditions, the Privacy Policy, and any other documentation on the Site.
- These Terms and Conditions apply to all Sales Contracts between the Seller and Customers regarding the purchase of Products. Before purchasing anything through the Site, Customers are advised to carefully read these Terms and Conditions. No purchase will be available without the Terms and Conditions and Privacy Policy being confirmed by the Customer.
- Please note that the Terms and Conditions may change from time to time in accordance with the procedure established in Section 2.3 below. Before placing any Order, LMX-Digital strongly recommends that Customers read the Terms and Conditions to fully familiarise themselves with the specific terms under which the Order will be made.
- Definitions:
- Account: an account that provides the Customer with the ability to use the Services provided on the Website and obtain all benefits thereof.
- Customer: a person who has registered an Account on the Site and intends to purchase a Product using the Services provided by LMX-Digital.
- LMX-Digital – LMX Digital Solutions LTDA CNPJ 54671352000106 headquartered at Av. Paraguassu 1865 Sala 813, Centro - Capão da Canoa / RS - 95555-000
- Order: an instruction to purchase goods or digital services made by a Customer through the Site.
- Privacy Policy: rules that establish the processes for protecting personal data and privacy provided by LMX-Digital.
- Product: digital content that has an activation code and can only be used after being activated on the Customer’s computing platform.
- Sales Contract: any contractual agreement between the Customer and the Seller obliging the Provider to transfer ownership of the digital content to the Customer and the Customer to pay the price thereof.
- Service: one of the services provided by LMX-Digital as described in these Terms and Conditions.
- Terms and Conditions: this set of rules that determines the rights and obligations of Customers and LMX-Digital and the terms of use of the Website.
- Website: a website accessible on the Internet platform at the address: tulicencias.com
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- Applicability of the Terms and Conditions
- Customers who are prohibited from using the Site due to state regulations or regional restrictions, including the Customer’s current country/region of residence and place of service use, are requested to refrain from using the Site.
- The Customer confirms that they are at least 16 (sixteen) years old or have reached the age according to the laws of the respective country that allows them to assume responsibilities for obligations arising from contractual relationships and have full capacity to undertake legal actions. Furthermore, the Customer confirms that there are no restrictions under the laws of the respective country to use the Services provided by LMX-Digital.
- LMX-Digital reserves the right to make changes and modifications to these Terms and Conditions, including the right to establish new provisions and withdraw old ones, at its own discretion, unilaterally and at any time, announcing the changes to the Terms and Conditions on the Website. It is the Customer’s obligation to periodically check whether the Terms and Conditions have been modified. By continuing to use the Website and Services, the Customer confirms being subject to all changes in the Terms and Conditions. Changes to the Terms and Conditions take effect ten (10) days after the announcement on the Site, unless explicitly stated otherwise.
- LMX-Digital communicates with the Customer by sending emails or through the electronic system of the Account on the Website, leaving notices for the same. The Customer unconditionally consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications provided electronically by LMX-Digital satisfy any legal requirement for such written communication.
- Formation of a sales contract
- Each Order placed by the Customer through the Website will be considered an offer by the Customer to purchase Products subject to these Terms and Conditions. LMX-Digital reserves the right to verify the payment method, billing and delivery addresses of the Customer before accepting the Customer’s Order. LMX-Digital may expressly accept, notify acceptance, or implicitly fulfil the Order, in whole or in part. Any form of acceptance by LMX-Digital will result in a Sales Contract between the Seller and the Customer, governed by these Terms and Conditions.
- The Customer may purchase Products (codes) to activate games through the gaming platform. No Order will be considered accepted by LMX-Digital until the requested Products (digital goods) have been made available and the Customer receives the corresponding confirmation email. LMX-Digital will attempt to notify the Customer if LMX-Digital does not accept an Order using the email address or other contact information provided by the Customer in the Order. Once the code is validated (accepted by the platform), it will be considered “used”.
- No term, condition, or specification, or any similar text or document endorsed, delivered with, or contained in the Customer’s Order, will form part of the Sales Contract concluded upon Order confirmation merely because such document is mentioned in the Sales Contract, and the Customer waives any right they may have to invoke such terms.
- LMX-Digital will execute Orders according to the Customer’s requirements but may, at its sole discretion, provide replacement Products when the Customer requests it or when the Product has been replaced by the latest version. For avoidance of doubt, any past adaptation of such requests by the Customer will not be interpreted as prior contractual execution upon which a Customer may demand that LMX-Digital continue to attend to such requests in the future. To the extent that Orders cannot be fully fulfilled with stock, the unsatisfied balance will be placed (at the Customer’s choice) in Pending Order to be fulfilled when LMX-Digital has stock available or will be cancelled and refunded to the Customer.
- Both LMX-Digital and the Customer acknowledge that they have not relied on any statement, promise, or representation made or given by or on behalf of the other party that is not set out in the Sales Contract concluded upon Order confirmation or in any confirmation email; provided, however, that such confirmation email does not constitute a change to the Terms and Conditions governing such Sales Contract. Nothing in these Terms and Conditions excludes or limits the liability of either party for fraud or fraudulent misrepresentation.
- Instructions for making payments through the Site can be found here. These instructions are an integral part of the Terms and Conditions.
- Termination and refunds
- Considering the digital nature of the Products (activation codes) marketed and sold through the Website, the Customer may submit a refund request on the absolute condition that the purchased Product (activation code) has not been viewed on the LMX-Digital platform. Refund requests must be completed through the Customer Service section of the Website within 14 (fourteen) days after delivery of the Product (activation code) by LMX-Digital to the Customer.
- Please note that, generally, LMX-Digital cannot verify that the Product has been used after purchase. Therefore, in accordance with the law, the Customer agrees and acknowledges that they will lose the right of withdrawal and refund request once the Customer views the Product (activation code). If the request is granted, the refund process may take up to fourteen (14) days to complete.
- After the Product has been viewed on the TULICAS platform, the Customer will only be entitled to a refund if:
- the Product (activation code) is not as described (some content is missing, the version is incorrect, the code is for a different platform, etc.); or
- the Product (activation code) does not work as expected (indicated as invalid or used when the Customer attempts to activate it on the correct platform).
- If the Customer’s refund request is granted, LMX-Digital will return the money paid by the Customer to the same source from which the original payment was made.
- For the Customer to exercise their rights under Section 4.3, the Customer must provide LMX-Digital with sufficient evidence of the relevant deficiencies, as well as proof that such deficiencies already existed at the time of purchase of the Digital Product.
- Product prices
- Product prices will be those indicated on our Site. LMX-Digital takes all reasonable precautions to ensure that Product prices are correct at the time the relevant information was entered into the system. However, if we discover an error in the price of the Products you have ordered, Section 5.3 will apply.
- Prices of LMX-Digital Products may change from time to time, but changes will not affect any Sales Contract already concluded.
- The LMX-Digital Website contains a large number of Products. It is always possible that, despite reasonable efforts by LMX-Digital, some Products on the Site may have an incorrect price. If LMX-Digital discovers an error in the price of the Products the Customer has ordered, LMX-Digital will write to the Customer to inform them of such error and give them the option to continue purchasing the Product at the correct price or cancel the Customer’s Order. LMX-Digital will not process the Customer’s Order until it receives instructions from the Customer. If LMX-Digital cannot contact the Customer using the contact details provided by the Customer during the Order process, LMX-Digital will treat the Order as cancelled and notify the Customer. Please note that if the price error is obvious and unequivocal and could reasonably have been recognised by the Customer as a pricing error, LMX-Digital will not be obliged to provide the Products to the Customer at the incorrect (lower) price.
- User accounts
- Anyone wishing to access all Services provided on the Website must register and create an Account. However, a user account will not be necessary to purchase Products on the Site. Registration is done by completing all required information in the registration form found on the Site. The person will be asked to provide their username, email address, password, and other information. To complete registration, the person must accept the Terms and Conditions and Privacy Policy and any other documentation on the Site, if any. Failure to provide any information that, at LMX-Digital‘s sole discretion, is necessary to verify any new user (regardless of whether such information is mandatory in these Terms and Conditions) will be considered grounds for refusal to continue with registration.
- Registration on the Website by the Customer is equivalent to that person having read, understood, and accepted these Terms and Conditions in full, including the Privacy Policy and any other documentation contained on the Website, and having consented to the processing by LMX-Digital now and in the future of the personal data transferred to LMX-Digital during the registration process on the Website. Notwithstanding the foregoing, a person who has not registered on the Site and has not obtained an Account is also considered to have accepted these Terms and Conditions, the Privacy Policy, and any other Site documentation from the moment they choose to use any of the Site’s functionalities.
- All persons wishing to have access to all Services provided by LMX-Digital must agree to LMX-Digital‘s requirement that LMX-Digital has access to use tools to locate the Account Administrator’s device in order to identify the country from which the registration is made.
- At any time, if LMX-Digital considers that the Account is at high risk of causing harm to any person, LMX-Digital has the full right to suspend the use of the Account, restrict access to the Account login, withhold transactions, etc. Once the risk is removed (at LMX-Digital‘s sole discretion), LMX-Digital will reactivate the Account. In case the administrator of an Account violates the law or these Terms and Conditions, LMX-Digital has the right to block the Account. LMX-Digital will have the right to suspend or block the use of the Account whenever, in LMX-Digital‘s judgment, any other circumstance occurs that may result in risk to any person or violation of laws.
- LMX-Digital also has the right to request that Customers submit eligible documents (copies or scans) to authenticate the appropriate information filled in the registration form. If the necessary documents are not submitted within 10 (ten) days, LMX-Digital will have the right to suspend access to the Account or withhold any other actions taken by Customers.
- Customers are responsible for reasonably taking care of the Account and must ensure that the email address is up to date. LMX-Digital is not responsible for situations where Customers do not receive information due to their own negligence.
- In the event that LMX-Digital decides that the Site should be modernised or is experiencing technical problems, LMX-Digital will have the right to restrict the possibility of logging into the Account or using the corresponding Services or even general access to the Site.
- Customers acknowledge that providing any information about their Account may cause harm to LMX-Digital or third parties. They are responsible for protecting such information and, if they fail to do so, Customers are liable for all damages caused.
- The Customer will not use other Accounts and will not make their Accounts available to another Customer or third parties. The exception to the above rule in this section will be to allow any employee or other duly authorised person of the Customer to act on behalf of the respective Customer. However, all liability for the actions and results of persons who have had access to the respective Customer’s Accounts will be assumed by the respective Customer.
- Terms and conditions of use
- In accordance with these Terms and Conditions, LMX-Digital grants Customers a limited, non-exclusive, non-transferable, and non-sublicensable licence to access and make personal and non-commercial use of the Services provided by LMX-Digital. This licence is strictly limited to the functionality of the Site.
- Customers are obliged not to abuse the Services of LMX-Digital and to use them only as provided by law and these Terms and Conditions. Misuse of the Services may cause negative effects to LMX-Digital or third parties, and if Customers violate their use of the Services, they are responsible for eliminating all damages caused.
- All rights of LMX-Digital or its licensors, suppliers, owners, or other persons are protected, even if not expressly granted in these Terms and Conditions.
- All intellectual property objects of the Website, except those uploaded, transmitted, made available, published by Customers, as well as the selection, organisation, coordination, compilation of materials, and the overall scheme and nature of the Website constitute intellectual property of LMX-Digital. They are protected by copyrights, trademarks, patents, industrial design rights, and any other rights and provisions, including international conventions and property rights.
- Customers are obliged to read and accept the Terms and Conditions and the Privacy Policy, as well as any other Site documentation, to ensure the protection of their personal data. Customers undertake to take all possible measures to avoid being involved in situations of violation of personal data protection.
- LMX-Digital is authorised to provide Customers with hyperlinks on the Site to other Product providers (i.e., banners, channels) that lead them to the websites of such providers. LMX-Digital is not responsible for the accuracy, correctness, or reliability of the information provided by these aforementioned providers. LMX-Digital recommends reading all documents on the providers’ web pages. Customers acknowledge that LMX-Digital has no control over the actions of these providers.
- Customers, including but not limited to, confirm and declare that:
- they will not advertise any inappropriate or defective information that may be harmful to LMX-Digital, other Customers, or third parties;
- they will not upload or disseminate any information on the Site that may violate laws, contractual agreements, or third-party rights. Such infringing information may be material protected by copyright, personal data, trade secrets, and others;
- they will not provide false information that may mislead other Customers;
- they will not attempt to hack, modify, disable, or otherwise affect the Site nor challenge its security;
- they will not use the Website for any purpose other than that established for the purposes of LMX-Digital‘s Services;
- they will not attempt to collect any personal data stored in the Site’s system and will not offend or deceive other Customers;
- they will not use the Site for any illegal purpose or to violate any law;
- they will not attempt to interfere with the Site’s activity or prevent other Customers from using the Site (or hinder its use);
- They will not conduct transactions with money from illegal sources. All the above-mentioned actions include attempts to carry out any of them or create circumstances for such actions to materialise.
- By posting or publishing their own materials on the Site or by any other distribution thereof to LMX-Digital, the Customer grants an irrevocable, perpetual, and royalty-free licence to use such materials, including but not limited to sending, transmitting, distributing, reproducing, publishing, duplicating, adapting, modifying, translating, creating related content, and otherwise, solely for the purpose of better functionality of LMX-Digital and the Site.
- Obligations of LMX-Digital
- LMX-Digital will cooperate with Customers regarding all matters related to the proper provision of the Services. Communication between LMX-Digital and Customers will be carried out through the Site’s help centre or by email.
- LMX-Digital will provide technical support to Customers as long as they encounter problems related to the functionality of the Account and the Website.
- Obligations of the customer
- Customers accept and acknowledge, including but not limited to, that:
- they accept the Terms and Conditions and the Privacy Policy, as well as any other document on the Site;
- they will not act in a way that may have a negative effect on LMX-Digital, other Customers, or third parties, resulting in damages caused, damage to reputation, etc.;
- they will not use LMX-Digital‘s services on the Site or the Site itself for illegal or unacceptable purposes;
- they will not take any action that may violate laws, the Terms and Conditions, the Privacy Policy, or other documents;
- they will not use more than one Account to purchase Products or use LMX-Digital‘s Services on the Site and will not use a VPN connection.
- Customers accept and acknowledge, including but not limited to, that:
- Liability
- In case of breach by LMX-Digital of these Terms and Conditions, LMX-Digital will be liable for damages suffered by the Customer as a foreseeable consequence of the breach of these Terms and Conditions or negligence of LMX-Digital, but LMX-Digital will not be liable for damages that are not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of LMX-Digital‘s breach or if it was contemplated by the Customer and LMX-Digital at the time of entering into the Sales Contract.
- The Seller provides the Products solely for domestic and private use. Customers undertake not to use the Products for commercial, business, or resale purposes, and LMX-Digital has no liability to Customers for any loss of profits, loss of business, business interruption, or loss of business opportunities.
- The Customer acknowledges that LMX-Digital is only an intermediary platform for marketing Products purchased through the Site and has absolutely no involvement in the actual design and manufacture of such Products and agrees that these limitations will apply notwithstanding any failure of the essential purpose of any limited remedy.
- Events beyond LMX-Digital‘s control
- LMX-Digital will not be liable for any failure or delay in performing any of LMX-Digital‘s obligations under these Terms and Conditions caused by an Event Beyond LMX-Digital‘s Control. An Event Beyond LMX-Digital‘s Control is defined below in Section 11.2.
- An Event Beyond LMX-Digital‘s Control means any act or event beyond the reasonable control of LMX-Digital, including, without limitation, strikes, lockouts, or other industrial actions by third parties, civil commotion, riots, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or inability to use railways, shipping, aircraft, road transport, or other public or private means of transport.
- If an Event Beyond LMX-Digital‘s Control occurs that affects the performance of LMX-Digital‘s obligations under these Terms and Conditions:
- LMX-Digital will contact affected Customers as soon as possible to notify them; and
- LMX-Digital‘s obligations under these Terms and Conditions will be suspended and the time for performance of LMX-Digital‘s obligations will be extended by the duration of the Event Beyond LMX-Digital‘s Control.
- Complaints
- If Customers experience any violation of their rights caused by the Services of LMX-Digital provided in the Terms and Conditions and/or the Privacy Policy, they have the right to file a complaint. The claim must be sent to LMX-Digital through the Site’s internal messaging system or to the email address specified in Section 14.7. LMX-Digital makes every effort to resolve all claims within fourteen (14) days of receipt.
- The complaint must provide the following information:
- Order information regarding which the claim arose;
- which rights were violated;
- Description of the circumstances in which the rights were violated.
- If the Customer has purchased the Product but has not viewed the activation code on the LMX-Digital platform, they have the right to request a refund within 14 (fourteen) days of purchase. In this case, LMX-Digital is obliged to return the money to the Customer and the Customer is obliged to return the Product to LMX-Digital without viewing the activation code.
- Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, their breach, termination, or validity will be finally resolved in the respective court of the Republic of Lithuania, subject to jurisdiction rules.
- Termination
- The Customer may terminate the contract with LMX-Digital by deleting their Account from the Site. This can be done by submitting the request in the account system. LMX-Digital deletes the Account within seven (7) days from the day the request was submitted. During this period, the Customer has the right to cancel the Account deletion.
- LMX-Digital may terminate such contract by deleting the Customer’s Account or blocking their access to the Site. Access may be blocked if there are suspicions of illegal actions and may last until the circumstances disappear or are removed. LMX-Digital deletes the Customer’s Account in situations where they seriously violate the Terms and Conditions, Privacy Policy, laws, or other documents.
- During the termination period of the agreement, the Customer will not be able to create another Account on the Website.
- Final provisions
- The Privacy Policy and any other documentation on the Site are an integral part of these Terms and Conditions and bind all registered Accounts.
- Without LMX-Digital‘s authorisation, Customers have no right to transfer their obligations, claims, or rights to third parties. Customers agree that LMX-Digital will have the right to transfer its rights and obligations arising from agreements to third parties. LMX-Digital will inform you of such transfer on the Website.
- If a court or arbitral tribunal determines that any provision of these Terms and Conditions is illegal, invalid, or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions deemed illegal, invalid, or unenforceable only in part, or to a certain extent, will remain in full force and effect to the extent that it is not deemed illegal, invalid, or unenforceable.
- These Terms and Conditions and the relationships between LMX-Digital and Customers in relation to these Terms and Conditions (including the execution, validity, invalidity, implementation, and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland.
- Except as provided in these Terms and Conditions, no delay by LMX-Digital or the Customer in exercising any right or fulfilling an obligation under these Terms and Conditions will be considered a waiver of that right or excuse for fulfilling that obligation, and separate or partial fulfilment of any obligation. Separate or partial exercise of any right will not mean that such obligation need not be fulfilled or that such right may not be exercised in the future.
- All data and information stored on the Website may be used by LMX-Digital for its operation.
- Communication with LMX-Digital support is carried out through the email address [email protected]
- Laws of different countries may make some customers unavailable to use the respective website services.
- In the event that the Terms and Conditions are translated into other languages and there are differences between the English version and the translation, the English version shall prevail unless otherwise stated.
Contact us
Please do not hesitate to contact us if you have any questions about these Terms of Service.
LMX Digital Solutions LTDARegistration Number (CNPJ): 54671352000106
Headquarters: Av. Paraguassu 1865 Sala 813, Centro - Capão da Canoa / RS - 95555-000
Email: [email protected]