Terms and Conditions

INTRODUCTION

This document sets forth the terms and conditions (the “Terms and Conditions” or “T&C”) governing the purchase of NFT Chests (“Founder Chests”) through the official Elemental Raiders game website, https://www.elementalraiders.com (the “Website”). Together with the Legal Notice, the Privacy Policy and the Cookie Policy, they form the legal framework applicable (the “Website Legal Terms”) to the use of the Website and will be updated periodically, so the ones published when you use the Website will be applicable.

The Legal Terms of the Web apply to transactions carried out on the Web from the date of their publication, both in relation to the Founder Chests purchased, and to the use of the Web, remaining in force thereafter in all that is provided therein on a permanent basis.

The use of the Web attributes to the user the condition of User (the “User” or “Users”). The acceptance of these Terms and Conditions by the User shall be an essential requirement in order to formalize any contractual relationship between the User and G4AL.

The words and terms included in this document and that refer to elements, guidelines, contents and/or information about the Elemental Raiders game will have the definition and/or meaning contemplated in the Elemental Raiders Whitepaper.

In case of contradiction between this document and the Whitepaper, this document shall prevail.

1. IDENTIFICATION AND CONTACT

The Website is owned by G4AL Entertainment, S.L., limited company; with registered office at 31 Morales Street, Entresuelo 1ª, 08029, Barcelona, registered in Spain with tax identification number B16753725 and email account info@g4al.com (“G4AL” or “us” or “we”).
If you have questions or want more information, for example, about these T&C, Elemental Raiders or Founder Chests, you can also contact us through our Discord social platform server

2. PURPOSE AND SCOPE OF APPLICATION

As a User, at the time of purchase (“Purchase”), you acknowledge that you are aware of the conditions of sale indicated for each of the Founder Chests and expressly declare that you accept them without reservation.

2.1. ELEMENTAL RAIDERS

Elemental Raiders is a blockchain-based game that wants to recognize the value that the gaming experience has, through the so-called Play to Earn method of play. It will also be available in Free to Play mode.
You have all the information about Elemental Raiders on the Web and in the whitepaper of the game (the “Whitepaper”), accessible also through the Web.
Elemental Raiders will be available for play from the date of its official launch (the “Launch Date”), at which time you can create an account (the “Account”), become a Raider and start enjoying the game.

2.2. FOUNDER NFT CHESTS

In Elemental Raiders, the chests contain NFT skins, skills and cryptocurrencies that can be used to level up and increase the power of the Heroes that each Raider has.
Founder NFT Chests (the “Founder Chests”) are a special and exclusive edition that will only be available for purchase by Users until the Elemental Raiders Release Date.
There are different types of Founder Chests (Runaria Chest, Runaria Big Chest, etc.). You can find detailed information in the description of each Founder Chest about its characteristics and content.
Please note that, although the specific content of each Founder Chest is a surprise, in any case it will contain the number of elements (GGT, Elemental Crystals, Runestones, Skills, and Skins) described for each type of Founder Chest on the Web, don’t giving anything at random, and will be limited to the descriptions for each of these elements contained on the Web and in the Whitepaper. Therefore, all Chests’ contents are explained beforehand.
The completion of the purchase and its confirmation makes you a client and implies the full and complete acceptance of these Terms and Conditions, as well as the acceptance of the rest of the Legal Terms of the Web and any others so expressly indicated by G4AL.

3. CONDITIONS OF PURCHASE

By using the Website and making Purchases, as a User you agree to:

  • Use the Website only to make inquiries, Purchases or legally valid Orders.
  • Not to make false or fraudulent Purchases. If it is reasonably believed that a User has placed such an Order, G4AL shall be authorized to cancel it and inform the relevant authorities.
  • Provide truthful and accurate information necessary to process your Purchase.

By making a Purchase through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

3.1. AVAILABILITY OF OUR FOUNDER CHESTS

The availability of the Founder Chests offered will be subject to what is stated on the Website at the time of Purchase. Founder Chests may be purchased through the Website until the day before the Elemental Raiders Launch Date. You may purchase as many Founder Chests as you wish until that time.

3.2. HOW TO MAKE A PURCHASE

To make a purchase (“Purchase”), you must follow the procedure that we will indicate through our Website, filling in all the fields that appear as mandatory in the forms and selecting the Founder Chests you wish to purchase to add them to the shopping cart.
The next step will be to process the Purchase and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step.
Once the selection has been completed and the payment has been made correctly, we will send a confirmation (the “Purchase Confirmation”) to your e-mail, so that you will have a proof of the Purchase made and the breakdown of the Founder Chests that you have purchased. You must keep the Purchase Confirmation at least until the Launch Date.

3.3. DELIVERY

Once the Launch Date has arrived and the Elemental Raiders Account has been created, the User will see the Founder Chests he/she has purchased, and will be able to choose between opening them and using their content, or exchanging them and trading them within the game to obtain benefits.

IMPORTANT NOTICE: it is essential that the email address you enter at the time of purchase is one to which you have full access, whose password you have well protected, and that it is the same as the one with which, when the Launch Date arrives, you will proceed to create your Elemental Raiders Account and become a Raider. If the email account is not the same, when you create the Raider Account we will not be able to associate the Founder Chests you have purchased to your Account.

3.4. PRICE AND PAYMENT METHOD

The prices of the Founder Chests are those listed on the Web at the time you make the Purchase (including applicable taxes in each case).
Prices may change at any time, but any changes will not affect Purchases for which a Purchase Confirmation has already been sent.
Also, during the Purchase process, before making the payment, you will be able to modify the data of your order. All charges made will be detailed prior to the Purchase Confirmation, including the breakdown of prices and applicable taxes.
You may use the means of payment indicated on the Web. G4AL reserves the right to suspend the processing of the Purchase in case of refusal of the payment authorization by the bank or payment institution in each case. No other means of payment other than those specified directly on the Website will be accepted. All transfers and payments made through the Web are made through secure ports to ensure data protection. All data travels encrypted through the secure payment platforms of the gateways and are not stored.
As a User, you expressly authorize us to issue the invoice in electronic format, however, you may request the invoice in paper format, in which case, we will send you the invoice in this format, to the address [*].

3.5. TECHNICAL MEANS TO CORRECT ERRORS

The Web has confirmation windows in each of the sections of the Purchase process. Likewise, the Web offers the details of all the Founder Chests that you have added to your shopping cart, so that, before making the payment, you can check and, if necessary, modify the data of your order.
If you detect errors in the order after the completion of the purchase process, you must contact G4AL immediately at the email address [*], to correct the error before the processing begins. G4AL is not responsible for errors during the Purchase.
If, once the Launch Date has arrived and your Raider Account has been created, you cannot access/view the Founder Chests you have purchased, you will have a direct channel of contact with us from which to open a complaint ticket. Providing the Purchase Confirmation, we will proceed to process the incident and, if everything is correct, incorporate the Founder Chest or Founder Chests you have purchased to your Raider Account.

4. CANCELLATION POLICY, REFUNDS AND RIGHTS

4.1. RIGHT OF WITHDRAWAL

In general, as a consumer and user for the purposes of the applicable regulations, you have the right to withdraw from the Purchases within 14 calendar days without giving any reason. The withdrawal period will end after 14 days from the day of the conclusion of the contract (the date of the Purchase).

To exercise the right of withdrawal, you must contact us by email at support@g4al.com , indicating in the subject line your name and “EXERCISE RIGHT OF WITHDRAWAL” and your decision to withdraw from the Purchase by means of an unequivocal statement. You can also use the withdrawal form included in this link [* ], although its use is not mandatory.
In case of withdrawal in accordance with the above, from G4AL we will refund all payments received, without undue delay and, in any case, within 14 calendar days from the date on which you communicate your decision to withdraw from the Purchase. The refund will be made by the same means of payment that you would have used to make the Purchase, unless you indicate otherwise, not incurring any additional costs as a result of the refund.

4.2. SERVICE TO THE USER

Any request for information, especially regarding the Purchase, refund, exchange or operation of the Founder Chests, should be addressed to G4AL at the following email address support@g4al.com and/or through our account on the Discord social server .

5. DISCLAIMER OF LIABILITY. REPRESENTATIONS AND WARRANTIES.

5.1. WARRANTIES

The Founder Chests offered on the Site are in accordance with national and EU law.

It is understood that the Founder Chests are in conformity provided that (i) they conform to the description made on the Site and possess the qualities indicated therein, (ii) they are suitable for the uses indicated and (iii) they present the usual quality and performance of an element of the same type.

5.2. LIABILITY

To the maximum extent permitted by law, and/or unless expressly provided otherwise in these T&Cs, G4AL provides the Website and the Founder Chests on an “as is” and “as available” basis, without warranties of any kind. No data, documentation or information provided by G4AL or obtained by Users through the Website creates or implies any warranty to Users. To the maximum extent permitted by law, G4AL’s total aggregate liability to Users (including liability under these T&Cs) and the Companies shall be limited to direct damages and shall not exceed the amount of the Purchases made by the User, whether the claim is based on contract or tort (including negligence, product or otherwise) and/or whether G4AL was advised of the possibility of such damages.

Except as otherwise provided in these Terms and Conditions, G4AL’s liability in connection with any Founder Chests purchased on the Site is strictly limited to the purchase price of such Founder Chest(s).

However, unless otherwise provided by law, no liability will be accepted for any of the following losses, regardless of their source:

  • Loss of revenue or sales;
  • Loss of business;
  • Loss of profits or loss of contracts;
  • Loss of anticipated savings;
  • Loss of data;
  • Loss of management time or office hours.

Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, the accuracy and security of information transmitted or obtained through this Website is not guaranteed.

G4AL does not assume any responsibility whatsoever for the non-compliance and/or disregard of the instructions and/or indications that in relation to Elemental Raiders, the Accounts and the Purchases are provided through the Website and/or the Elemental Raiders game itself as of the Launch Date.

6. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

These Terms and Conditions constitute a binding contract both for you, as User, and for us and our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer the Agreement or any of your rights or obligations hereunder without the prior written consent of G4AL.

G4AL may transfer, assign, encumber, subcontract or otherwise transfer the agreement or any of the rights or obligations under the agreement at any time during its term.

For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers shall not affect the rights, if any, that you have as a consumer recognized by law or cancel, reduce or otherwise limit the guarantees, both express and implied, that may have been granted.

7. FORCE MAJEURE

We shall not be liable for any failure or delay in the performance of any of the obligations assumed, when due to events beyond our reasonable control (“Force Majeure Cause”).

Force Majeure Events shall include any act, event, default, omission or accident which is unforeseeable or unavoidable and therefore beyond our reasonable control.

Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. G4AL will use all reasonable means to put an end to the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

8. WAIVER

Our failure to require strict performance by Users of any of their obligations under the Agreement or these Terms and Conditions or our failure to exercise any rights or remedies that may be available to them under the Agreement or these Terms and Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations.

No waiver by us of any particular right or remedy shall be deemed a waiver of any other right or remedy arising under the Agreement or these Terms and Conditions or be effective unless it is expressly stated to be a waiver and is set forth and communicated to you in writing.

9. INTELLECTUAL PROPERTY

The information disseminated on the Web, as well as its contents (the “Web Content”) are owned by G4AL or its authors and are considered protected works in accordance with the provisions of Royal Decree 1 / 1996 of 12 April, approving the revised text of the Intellectual Property Law. Under no circumstances may it be understood that G4AL grants or authorizes our Users to exploit in any way the rights to said Contents beyond what is strictly necessary for the correct use of the Website.

The trademarks, trade names or distinctive signs of any kind that appear on the Website are owned by G4AL or have been published with the consent of their legitimate owners, without it being understood that access to the Website attributes to the Users any right over the trademarks, trade names and/or distinctive signs.

To make any comments regarding possible breaches of intellectual or industrial property rights, as well as on any of the Contents of the Website and/or Training, you can contact G4AL through our email support@g4al.com , attaching the relevant information.

In any case, G4AL cannot assume any responsibility with respect to intellectual or industrial property rights owned by third parties that may be infringed by the Users of the Website by any person other than G4AL.

10. DATA PROTECTION

The information or personal data that you provide as a User will be treated in accordance with the provisions of the Privacy Policy. G4AL guarantees the confidentiality of the data provided for the acquisition of the products offered through the Website and its treatment in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”) and to the Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (“LOPDGDD”).

As a User you understand and accept that from G4AL we may share your communicated data to service providers that help us carry out our activity, such as payment gateways.

You can access all the information about how we treat your data in G4AL’s Privacy Policy and/or contact us through the address support@g4al.com.

11. PARTIAL NULLITY

If any part of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining Terms and Conditions shall remain in force, without being affected by such declaration of nullity.

12. ENTIRE AGREEMENT

These Terms and Conditions, the Privacy Policy of the Website and any other document expressly referred to herein constitute the entire agreement between the User and G4AL.

13. RIGHT TO MODIFY THE TERMS AND CONDITIONS

G4AL has the right to revise and modify these Terms and Conditions at any time. As a User, you are subject to the Terms and Conditions in effect at the time you use the Website or make each Purchase, unless by law or decision of governmental agencies changes must be made retroactively to any of the Terms and Conditions, in which case, any changes may also affect the Purchases you have previously made.

14. LANGUAGE

At G4AL the User is our priority and we try to address whenever possible in your own language. Therefore, we have translated the Terms and Conditions into several languages. However, in case of conflict or doubt about the meaning or scope of any section, term or expression contained in these Terms and Conditions, the Spanish version will be applied as the original version in which they have been written.

15. APPLICABLE LAW AND JURISDICTION

The use of the Web and the contracts of Purchase through the Web are governed by the Spanish legislation. Any dispute arising out of or in connection with the use of the Website or such contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Barcelona. You can also access the European online alternative dispute resolution system through the following link: EU Platform for Online Dispute Resolution.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.