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PUBLIC OFFER ON THE STORAGE AND THE USAGE OF THE CARDHOLDER'S CREDENTIALS
Last Updated: June 25, 2025
OVERGEAR LIMITED, the Company registered in accordance with the laws of the Republic of Cyprus at the address Diagorou 4, Kermia Building, 3rd floor, office 304, 1097, Nicosia, Cyprus under the registration number HE395043 (hereinafter referred to as the "Merchant") hereby expresses its intention to enter into the Agreement on the Storage and the Usage of the Cardholder’s Credentials (the "Agreement") with persons using the Services provided via the Overgear Platform at Overgear.com (the "Website"), following successful registration (hereinafter "Users" or "Cardholders").
The Cardholder and the Merchant are jointly referred to as the “Parties” and individually as a “Party”.
1. Definitions
For the purposes of this Agreement, the following definitions apply:
2. Purpose of this Agreement
A. The Parties already have legal relations on the basis of the T&C.
B. The Cardholder is also a User of the Overgear Platform.
C. In the course of the legal relations mentioned above the Cardholder purchases Goods, Seller Services, access to Services and Subscriptions at the Overgear Platform. All the above-mentioned terms are used as defined in the T&C and above.
D. In order to make purchases on the Overgear Platform, the Cardholder provides his personal payment information.
E. This Agreement authorizes the Merchant to store the Cardholder’s payment credentials to simplify future payments at the Overgear Platform.
3. Consent and Authorization to Store and Use Credentials on File
By ticking the relevant tick-box, the Cardholder explicitly consents with this Agreement and authorizes the Merchant to securely store the the following data (hereinafter referred to as the “the Credentials on File” or the “COF”):
The Cardholder further explicitly authorizes:
4. Data Processing for Transactions
For each Cardholder-Initiated or Merchant-Initiated Transaction, the Merchant will additionally transfer the following data to its payment processing provider:
The Merchant commits to processing all Personal Data, including COF, strictly in compliance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR). The Merchant guarantees the Cardholder’s rights of access, correction, deletion, and restriction of their Personal Data processing, except where retention is required by law.
6. Compliance with PCI DSS and Security Considerations
The Merchant acknowledges that storing and handling Cardholder’s Credentials must comply fully with the Payment Card Industry Data Security Standards (PCI DSS). The Merchant guarantees that it maintains all necessary security measures and processes to protect Cardholder’s Credentials in accordance with PCI DSS, including secure storage, encryption, limited access, continuous monitoring, regular security audits, and prompt responses to any identified risks or incidents.
7. Withdrawal of Consent
The Cardholder may withdraw consent to the storage and use of the COF at any time by submitting a written request via email to support@overgear.com. Upon such a request, the Merchant shall promptly proceed to securely delete the COF, except where retention is mandated by legal obligations or for processing pending transactions initiated prior to the withdrawal.
8. Amendments
The Merchant reserves the right to unilaterally make changes to this Agreement with their mandatory publication on the Website. The Cardholder agrees to independently monitor all respectful amendments. Continued use of the Platform following the notice period will constitute acceptance of the amended terms.
9. Liability and Limitation of Liability
The Merchant shall be liable for any unauthorized access, disclosure, or alteration of the Cardholder’s COF caused by its negligence or breach of security obligations. Liability is limited to direct losses only. Under no circumstances shall the Merchant be liable for indirect, incidental, consequential, punitive damages, or any losses beyond direct damages arising from data breaches, unauthorized access, or security incidents—except in cases of gross negligence or intentional misconduct.
10. Term and Termination
The Agreement shall enter into force after successful authorization (or Account verification) by the Cardholder’s card issuer and receipt of the Cardholder’s acceptance of this Agreement by the Merchant and shall be valid until terminated by the Merchant unilaterally or on the basis of the written application of the Cardholder. Either Party may terminate this Agreement by providing written notice. Upon termination, COF will be securely deleted within 30 (thirty) days, except for data retained due to legal obligations. All transactions initiated prior to termination remain subject to this Agreement.
11. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Republic of Cyprus. All disputes or claims arising from or in connection with this Agreement shall be exclusively resolved by the competent courts of the Republic of Cyprus.
12. Miscellaneous
This Agreement represents the entire understanding between the Parties regarding the storage and use of the Credentials and supersedes any prior agreements or communications, whether verbal or written. This Agreement shall be interpreted in conjunction with the T&C and the Privacy Policy.
This Agreement is drafted in the English language, which shall govern its interpretation and execution. Any translations provided are solely for convenience; in the event of any discrepancy, the English version shall prevail.
13. Contact Information
For any inquiries regarding this Agreement, contact the Merchant’s Customer Support team at support@overgear.com.
By storing your payment credentials on file, you acknowledge that you have read, understood, and agree to this Public Offer on the Storage and Use of Cardholder’s Credentials, the Overgear Terms and Conditions, and the Overgear Privacy Policy.
OVERGEAR LIMITED, the Company registered in accordance with the laws of the Republic of Cyprus at the address Diagorou 4, Kermia Building, 3rd floor, office 304, 1097, Nicosia, Cyprus under the registration number HE395043 (hereinafter referred to as the "Merchant") hereby expresses its intention to enter into the Agreement on the Storage and the Usage of the Cardholder’s Credentials (the "Agreement") with persons using the Services provided via the Overgear Platform at Overgear.com (the "Website"), following successful registration (hereinafter "Users" or "Cardholders").
The Cardholder and the Merchant are jointly referred to as the “Parties” and individually as a “Party”.
1. Definitions
For the purposes of this Agreement, the following definitions apply:
- "Goods" – Goods are valuable virtual components of a game that a Buyer can purchase on the Platform.
- "Seller Services" – Any act, performance, or digital service offered by a Seller to a Buyer in order to transfer knowledge and/or skills in the gaming sphere as well as useful properties that improve the Gaming Account.
- "Overgear Services (also referred to as “Services”) – Services provided by Overgear, including but not limited to hosting and maintaining the Platform, facilitating transactions between Users, and providing dispute resolution mechanisms.
- "Subscription" – A recurring, fee-based service granting Users specific privileges or enhanced Platform functionalities.
2. Purpose of this Agreement
A. The Parties already have legal relations on the basis of the T&C.
B. The Cardholder is also a User of the Overgear Platform.
C. In the course of the legal relations mentioned above the Cardholder purchases Goods, Seller Services, access to Services and Subscriptions at the Overgear Platform. All the above-mentioned terms are used as defined in the T&C and above.
D. In order to make purchases on the Overgear Platform, the Cardholder provides his personal payment information.
E. This Agreement authorizes the Merchant to store the Cardholder’s payment credentials to simplify future payments at the Overgear Platform.
3. Consent and Authorization to Store and Use Credentials on File
By ticking the relevant tick-box, the Cardholder explicitly consents with this Agreement and authorizes the Merchant to securely store the the following data (hereinafter referred to as the “the Credentials on File” or the “COF”):
- Name and surname;
- Card number;
- Card expiry date;
- Primary Account Number (PAN).
The Cardholder further explicitly authorizes:
- Cardholder-Initiated Transactions: Transactions initiated directly by the Cardholder to pay for Goods, Seller Services, Subscriptions, or related Platform activities.
- Merchant-Initiated Transactions: Transactions initiated by the Merchant on a recurring or scheduled basis, strictly for ongoing Services, active Subscriptions, or previously agreed periodic payments explicitly authorized by the Cardholder.
4. Data Processing for Transactions
For each Cardholder-Initiated or Merchant-Initiated Transaction, the Merchant will additionally transfer the following data to its payment processing provider:
- Transaction amount;
- Applicable surcharges (if any);
- Transaction currency;
- Transaction date;
- Authorization code.
The Merchant commits to processing all Personal Data, including COF, strictly in compliance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR). The Merchant guarantees the Cardholder’s rights of access, correction, deletion, and restriction of their Personal Data processing, except where retention is required by law.
6. Compliance with PCI DSS and Security Considerations
The Merchant acknowledges that storing and handling Cardholder’s Credentials must comply fully with the Payment Card Industry Data Security Standards (PCI DSS). The Merchant guarantees that it maintains all necessary security measures and processes to protect Cardholder’s Credentials in accordance with PCI DSS, including secure storage, encryption, limited access, continuous monitoring, regular security audits, and prompt responses to any identified risks or incidents.
7. Withdrawal of Consent
The Cardholder may withdraw consent to the storage and use of the COF at any time by submitting a written request via email to support@overgear.com. Upon such a request, the Merchant shall promptly proceed to securely delete the COF, except where retention is mandated by legal obligations or for processing pending transactions initiated prior to the withdrawal.
8. Amendments
The Merchant reserves the right to unilaterally make changes to this Agreement with their mandatory publication on the Website. The Cardholder agrees to independently monitor all respectful amendments. Continued use of the Platform following the notice period will constitute acceptance of the amended terms.
9. Liability and Limitation of Liability
The Merchant shall be liable for any unauthorized access, disclosure, or alteration of the Cardholder’s COF caused by its negligence or breach of security obligations. Liability is limited to direct losses only. Under no circumstances shall the Merchant be liable for indirect, incidental, consequential, punitive damages, or any losses beyond direct damages arising from data breaches, unauthorized access, or security incidents—except in cases of gross negligence or intentional misconduct.
10. Term and Termination
The Agreement shall enter into force after successful authorization (or Account verification) by the Cardholder’s card issuer and receipt of the Cardholder’s acceptance of this Agreement by the Merchant and shall be valid until terminated by the Merchant unilaterally or on the basis of the written application of the Cardholder. Either Party may terminate this Agreement by providing written notice. Upon termination, COF will be securely deleted within 30 (thirty) days, except for data retained due to legal obligations. All transactions initiated prior to termination remain subject to this Agreement.
11. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Republic of Cyprus. All disputes or claims arising from or in connection with this Agreement shall be exclusively resolved by the competent courts of the Republic of Cyprus.
12. Miscellaneous
This Agreement represents the entire understanding between the Parties regarding the storage and use of the Credentials and supersedes any prior agreements or communications, whether verbal or written. This Agreement shall be interpreted in conjunction with the T&C and the Privacy Policy.
This Agreement is drafted in the English language, which shall govern its interpretation and execution. Any translations provided are solely for convenience; in the event of any discrepancy, the English version shall prevail.
13. Contact Information
For any inquiries regarding this Agreement, contact the Merchant’s Customer Support team at support@overgear.com.
By storing your payment credentials on file, you acknowledge that you have read, understood, and agree to this Public Offer on the Storage and Use of Cardholder’s Credentials, the Overgear Terms and Conditions, and the Overgear Privacy Policy.