Before you accept these General Terms and Conditions (acceptance), we kindly ask you to read the following terms and conditions carefully. If you have any doubts, you can always contact us. If you do not agree with these terms and conditions, please do not accept them.
If you are a minor (< 18 years), you are not entitled to use the services offered.
1. Definitions
Owner: The Owner of the services offered is ICAB s.r.l. as defined in Article 2
Service: The term Service means the successful accomplishment of missions of a specific online game offered and listed on the platform by a professional player
Platform: The term platform means the site www.boostial.games on which the user may purchase the services
User: The term user means the purchaser of the services
2. Scope of application
2.1. The present general terms and conditions apply to the mediation activity carried out by Owner toward the user.
3. Owner of the platform and mediator of the services
3.1. Owner of the platform and therefore intermediary of the services is ICAB s.r.l. (a limited liability company established under the laws of Italy) with registered office at Via Orazio 49, I-39100 Bolzano (BZ) Italy, tax number and value added tax number IT03090860218, registered in the company register at the Chamber of Commerce Bolzano under the number BZ-231306, email administration@boostial.games, PEC (certified electronic post): srlicab@pec.it.
4. Services offered and conclusion of contract
4.1. The Owner provides the user with a platform on which he / she can engage professional players to accomplish specific missions for specific online games listed in the platform
4.2. For unlisted games the user can lodge a request to the Owner.
4.3. Therefore the Owner provides for a mediation contract enabling the user to find an appropriate professional player for his/her game requested.
4.4. The professional players registered in the platform are skilled, selected players that can accomplish missions regarding the listed games on behalf of the user.
4.5. Each professional player will be introduced to the user with his own profile that contains the following data: Gaming name, Chat-ID, Email-Address.
4.6. If a user is interested in the mediation with a professional player, he must register as a user of the platform creating a personal user account. Before the registration process is successfully completed, the user has to accept the present terms and conditions.
4.7. The mediation contract is concluded, when the user has completed the registration process and paid in advance for the services requested. Upon conclusion of the contract, the user receives a time-limited license right to use the platform for the services offered.
5. Registration process and assignment of the professional player
5.1. The user that creates a personal user account through concluding the registration process on the platform hereby accepts the present general terms and conditions. These general terms and conditions applies furthermore all subsequent services purchased by the user until the user account is terminated either by the user or by the Owner.
5.2. After successful registration, the user can purchase one or more of the missions listed in the platform or ask for a estimate cost for unlisted games (see clause 6.).
5.3. The platform assigns to the user a professional player within 18 hours after conclusion of the contract. The user may than interact via chat on the platform with the professional player and agree with him the terms of completing the mission.
6. Unlisted games
6.1. In case a game or service desired by the user is not listed in the platform, the user may sent a form and start a chat with authorized staff of the Owner. The Owner will assess whether the service desired by the user is feasible and performable by the professional players of the platform. If it is feasible and performable, the Owner will communicate on the platform a personalized and customized offer for the game desired as well as communicate the user the relevant link on which the offer is retrievable.
6.2. Clicking on the link, the user will be free to purchase the new game posted. The contract is concluded when the price is paid for the new service offered.
7. User account
7.1. In order to create a user account, the user has to provide for mandatorily the following personal data:
• Name and surname
• Address
• Email
• Telephone number or mobile telephone number.
7.2. Via acceptance of the present General Terms and Conditions the user acknowledges the privacy information pursuant to GDPR no. 2016/679 available under Policy Privacy
7.3. The user is obliged to provide the information in his user account truthfully. A user can and may only create one user account.
7.4. The Owner can unilaterally delete a user account if the information provided by the user is not true or if several user profiles have been created by the same user.
8. Use of the chat and performance of the services purchased
8.1. Once the professional player and the user have come into contact in the chat, the user will be asked on the chat to provide his/her login credentials to the gaming platform which are indicated in the order (i.e. PSN, XBOX, Steam) and the relevant details of the mission for which the user has purchased the services.
8.2. The user will agree via chat with the professional player a guaranteed game window, not to log into the game, in order to the professional player to complete the service purchased by the user without interruption.
8.3. For the proper and satisfying performance of the services purchased by the user the user has to guarantee a minimum window time of 6 (six) consecutive hours a day, in order to enable the professional player to access the user’s avatar for performing the purchased mission.
8.4. In the event that the mission requires several game days in order to be completed, it is acknowledged between the parties that the same game window, unless otherwise agreed in writing in the chat between the user and professional-player, will be opened on the following days, until the professional player completes the mission.
8.5. At completion of the mission by the professional player, the user is informed through a screenshot proving the achievement of the objective, posted directly in his personal chat by the professional Player. The same information will be shared with the platform.
8.6. The user acknowledges and accepts that the only purpose of the personal chat established by the platform between him/her and the professional player is to facilitate the communication of information relevant for the fulfilment of the performance agreed with the Owner.
9. Change of user’s access credentials after completion of the services
9.1. Once the mission has been completed, it will be the user's responsibility to change the access credentials of his/her game character entrusted to the professional player, to eliminate from the Internet any possible risk of future access by third parties to the avatar used.
10. Access credentials safety
10.1. The user is responsible for the security of his user account. He must ensure that his access data is kept safe and has a complexity that makes unauthorised access difficult
11. Monitoring activities by the Owner
11.1. The user acknowledges and agrees that at any time the personal chat between him/her and the professional player may be monitored and read by authorized personnel of the Owner, who are responsible for monitoring the performance of the professional players and the concrete user satisfaction.
11.2. The Owner points out and the user also accepts that in specific circumstances, in which the Owner deems it necessary at its own discretion, Owner’s authorized personnel, when monitoring and assessing the performance of professional players, may intervene in the chat as a mediator in order to settle any misunderstanding and/or impasse that may have been aroused and which are capable to impede the harmonious completion of the agreed task.
12. Acceptance of the General Terms and Conditions and conclusion of the contract
12.1. The mediation contract comes into force with the payment of the price for the mediation. Before paying the price, the user must accept the General Terms and Conditions.
12.2. For the legally binding and effective acceptance of the General Terms and Conditions and the conclusion of the mediation contract, the user must be at least 18 years old.
12.3. If the user is a minor, i.e. has not yet reached the age of 18, he is not entitled to use the services provided by the platform. By effecting the payment, the user confirms to be at least 18 years old.
13. Terms of payment
13.1. The use of the services offered requires prior payment by one of the following methods of payment.
13.2. The following payment modalities are available: PayPal, Stripe.
14. Availability of the platform
14.1. The Owner guarantees the constant availability of the platform. Any maintenance or service work on the platform will be communicated to the user with an appropriate advance notice. Any claims arising out hereof are expressly excluded.
14.2. The Owner is also not liable if the platform is not available due to force majeure, such as maintenance of the system, problems related to internet connection, attacks to and/or hacks on the system. If in such cases the platform is not available for more than 14 days, the Owner and/or the user have the right to terminate the contract. In such circumstance, the Owner has a right to refuse from the further fulfilment of obligations of the mediation contract, and in this case neither party shall be entitled to any compensation for damages caused by such termination; however, the Owner shall have the right to receive payment for the services already provided but not paid for or paid for partially, and the user shall have the right to the repayment of amounts received by the Owner from the user in payment for the services not effectuated.
14.3. However, the user is solely responsible for an adequate internet connection.
15. Liability of the Owner
15.1. The Owner is not liable for any loss of data caused by the user's lack of security precautions.
15.2. The Owner is liable for adequate protection against external access to his server.
15.3. The Owner is not liable to the user for the concrete contractual performance of the professional player.
15.4. The Owner is only liable for intent and gross negligence. Liability due to slight negligence is excluded.
16. Termination of contract
16.1. The mediation contract ends as the user has used in full the paid services requested. There is no right of withdrawal after payment has been made, notwithstanding any provisions on consumer protection to the contrary.
16.2. There is a unilateral right of termination in favour of the Owner, if the user sets actions on or in the platform which determines a materially justified cause for termination of the contract, such as, e.g., the dissemination of racist, discriminatory or other ideas which are contrary to a democratic and liberal order, or the user sets out or try to set out technical abuse of the platform.
17. Non-performance or improper performance of services
17.1. Complaints about non performance or improper performance of services purchased on www.boostial.games must be notified by the user via email to administration@boostial.games and reporting the order number and the user’s account data, within and not later than 3 days from the date of notification of completion of the service pursuant to clause 8.5.. If within 3 days no notification is sent, the performance of the service is considered accepted by the user.
18. Right of withdrawal
18.1. If the user is a consumer, he has the right to withdraw unilaterally and without giving reasons from the concluded contract within fourteen days of the conclusion referred to in clause 4..
18.2. In order to exercise the right of withdrawal, the user must notify the decision to withdraw from the concluded contract in writing (e.g. letter or email to the contact details under clause 3.1.). In order to meet the withdrawal period, it is sufficient for the user to send the withdrawal declaration before the expiry of the withdrawal period.
18.3. If the right of withdrawal has been correctly executed, the Owner will refund the price paid immediately and at the latest within fourteen days of receipt of the notice of withdrawal.
18.4. According to art. 59, lit. o) of the Italian Consumer Codex, the user's right of withdrawal is in any case excluded from the moment in which he started to use services.
19. Ownership of signs and trademarks
19.1. All signs listed on the platform consist exclusive property of the Owner. Unless the licence rights under the mediation contract, the user does not receive any kind of license to use these signs.
20. Law applicable
20.1. The present mediation contract is subject to Italian law, excluding the provisions of private international law.
21. Place of jurisdiction
21.1. The parties agree that all legal disputes arising from the present General Terms and Conditions of contract are reserved to the competent courts of Bolzano.
21.2. Under Directive 2013/11/EU, transposed into national law by amending the Italian Consumer Codex, the user-consumer also has the possibility of an alternative dispute resolution with the Owner. In this case, the user-consumer can contact the online conciliation office for consumer disputes arising from e-commerce contracts "Conciliareonline.it", based at the Consumer Protection Users Centre (CTCU) - Conciliareonline.it, Via Dodiciville, 2, I-39100 Bolzano (Italy), tel. +39 0471/975597, fax +39 0471/979914, e-mail: info@conciliareonline.it / info@onlineschlichter.it. The website and conciliation instructions can be accessed via the link www.conciliareonline.it.
Pursuant to and in accordance with article 1341 of the Italian Civil Code, the user confirms that he has read, understood and accepted the following clauses:
Art. 4.6 and 13 (Acceptance of the general terms and conditions)
Art. 7.4. (Unilateral right for Owner to delete multiple user accounts)
Art. 11. (Monitoring activities by the Owner)
Art. 15. (Liability of the Owner)
Art. 16.2. (Unilateral right of the Owner to terminate contract)
Art. 17. (Notice of non-performance or improper performance)
Art. 21. (Place of jurisdiction)
