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Terms and conditions
This is important: Please, ensure to read this Agreement (hereinafter — 'Agreement') carefully. If you do not agree with any of the provisions of the current Agreement, you are not eligible to confirm your registration, use any services provided by the current resource https://overgear.com "OVERGEAR LIMITED" (hereinafter — 'Overgear', 'The Platform' or 'The Website'), sell, buy or exchange goods via the functional capacity of this trading Platform.
The Agreement regulates the relations between You (also referred to as 'the User') in the capacity of a Seller or a Buyer (hereinafter also referred to as 'Parties' or, if separately, 'the Party') and Overgear. The Agreement defines the key notions and conditions, obligations, and rights of each Party in deal-making, the usage of instruments, applications, and any other services provided by Overgear. The Parties have the right to see the Platform as the guarantor. The Parties have the right to request arbitration to resolve any dispute, should one appear.
OVERGEAR LIMITED
Diagorou 4, Kermia Building, 3rd floor, office 304, 1097, Nicosia, Cyprus. Reg. number: HE395043
Support phone +35722030060
The User Agreement and these Conditions shall be governed by and construed in accordance with the law of Cyprus.
1. Definitions
The definitions listed below shall apply to this Agreement, Privacy Policy, and any additional terms applicable to certain programs established by Overgear.
1.1. The User is a person who uses the instruments, applications, and other services provided by the Overgear Platform. Users have the right to purchase the desired Seller Services and Goods, use their Overgear Profile, manage the funds they transferred onto their Profile (the funds can be returned to the bank requisites from which they originated), and count on Overgear's arbitrary support should any disputes arise.
1.2. The Seller (also referred to as 'Currency supplier' or 'Booster') is a User who has undergone the additional registration procedure, entered additional sign-up data, and been granted the opportunity to post Offers, sell Seller Services and Goods on the Platform, and count on Overgear's arbitrary support should a dispute occur.
1.3. The Buyer is a User of the Platform who is entitled to:
1.5. A Gaming Account is an account registered by the User on third-party platforms that are specially designed for the purpose of playing online video games.
1.6. The Seller Service refers to an act or performance 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.
1.7. The Overgear Service refers to any intermediate service Overgear provides to Users, including hosting and maintaining the Overgear Platform, securing the instruments for the Sellers to place and offer their Seller Services and Goods, facilitating the formation of deals between Sellers and Buyers, and assisting Users in resolving disputes which may arise in connection with those deals.
1.8. Goods are valuable virtual components of a game that a Buyer can purchase on the Platform.
1.9. Overgear Wallet (also referred to as 'OG Wallet') is an electronic account designed on the Platform for settlements between the Seller and the Buyer for buying/selling Seller Services and Goods under this Agreement.
1.9.1. Overgear Bonus System (also referred to as 'Bonus System') is a set of circumstances under which the Buyers are provided with Overgear (OG) Coins.
1.9.2. OG Coins Wallet (also referred to as 'Bonus Account') is a separate electronic account specifically created for receiving OG Coins. A Buyer can use the Bonus Account to purchase Seller Services and Goods in accordance with the OG Bonus Policy. The Bonus Account is automatically created and separate from the OG Wallet.
1.9.3. An Overgear Coin (also referred to as ‘OG Coin’ or ‘OG Coins’) is a virtual unit provided to the Buyer in special circumstances under the Bonus System for making payments to purchase Seller Goods and Services on the Platform. For more information about OG Coins, please read https://loyalty.overgear.com/.
1.9.4. Overgear Cashback (also referred to as ‘OG Cashback’) is a reward provided to the Buyer as part of the Bonus System, earned through eligible purchases of Seller Goods and Services on the Platform, and credited as OG Coins to the Buyer’s Bonus Account. OG Cashback is awarded for Orders of any type of Goods and applied to the total payment amount minus any discounts and payments made with OG Coins.
1.10. Commission is a payment to Overgear for providing trading space, instruments, intermediary services and money transaction security.
1.11. Overgear Arbitration is an independent and unbiased intermediary party for resolving any disputes between the Users.
1.12. A subscription is a set of privileges determined by Overgear that the User gains in exchange for a write-off of a specific amount of money monthly or weekly.
1.13. A verified Seller's status allows the Seller to make personal Offers to the Buyers via the Overgear Chat and provides Sellers with the privilege of an accelerated withdrawal of funds.
1.14. Overgear Chat is a part of the Overgear Platform created for the purpose of communication between the Sellers, the Buyers and Overgear.
1.15. The deal is a contract entered into on the Overgear Platform between a Seller and a Buyer concerning the sale-purchase of Seller Services and Goods.
1.16. An offer is a proposal made by a Seller to form a Deal with a Buyer. It includes the description of the product in English (also referred to as 'item description'), information on delivery time, and, if necessary, other bonus conditions determined by a Seller.
1.17. Order - an expression of the Buyer's will to purchase the Seller's Services or Goods on the terms of one of the Offers presented on the Platform.
1.18. Payment Method is a valid credit card issued by a bank acceptable by Overgear, an Accentpay, GooglePay, or ApplePay account, or the Bonus Account, or such other method of payment as Overgear may accept from time to time in Overgear sole discretion. The user can utilize the Bonus Account to cover up to 30% of the purchase price.
1.19. Sanctions refer to disciplinary measures taken against one or both Parties. These may include:
2. Overgear Profile and User's Personal Data
2.1. A User must register an Overgear Profile to have full access to Overgear Services. By using the Overgear Platform and by clicking a 'Sign Up' button when prompted on the Platform, a User agrees to be bound by all agreements that constitute Overgear’s Terms of Service, viz. this Agreement and the Privacy Policy as well as any additional terms applicable to certain programs established by Overgear. If a User does not understand or agree to the Terms of Service, they shall not click to accept this Agreement by signing up and shall not visit the Overgear Website or use the Platform or any other Services provided by Overgear.
2.2. The User's Profile registration is subject to approval by Overgear. Overgear reserves the right to decline a registration of a Profile for any lawful reason.
2.3. Registered users of the Overgear Platform are referred to as 'Users,' and unregistered users are referred to as 'Site Visitors.'
2.4. To acquire the seller status, a User should submit an application via https://work.overgear.com/. The user should provide their nickname, e-mail address, and date of birth and attach a copy of their passport or government-issued ID, indicating information about Seller Services and Goods they want to sell. After Overgear approves the application, the User will be granted the Seller status.
2.5. Overgear may collect Personal Information, such as User’s date of birth or taxpayer identification number, to validate User’s identity or as may be required by law, such as to complete tax filings. Overgear may request documents to verify this information, such as a copy of the User’s government-issued ID.
3. Relationship between the Parties and Overgear. Parties’ Responsibility
3.1. Overgear offers a Platform that enables Users to find one another, enter into deals, and make and receive payments through Overgear Wallet.
3.2. Via Overgear Platform Users can sell, buy, or exchange Seller Services and Goods.
3.3. Overgear does not possess Seller Services and Goods and does not offer or sell them. It only acts as an intermediary party facilitating the Users' trading with each other by guaranteeing the safety of the funds placed on the Overgear Wallet. Should a dispute occur, Overgear Arbitration takes on the obligation of facilitating the quickest resolution, complying with the law and the issues of the current Agreement.
3.4. By accepting this Agreement, the Users acknowledge and agree that Overgear does not supervise, direct, control, or monitor Users in the performance of any obligations they may have under the deals and agree that:
(a) Overgear is not responsible for ensuring the accuracy or legality of any Seller Services, for which Sellers are solely responsible;
(b) Overgear is not responsible for the offering, performance, or procurement of the deals;
(c) Overgear does not make any representations about or guarantee any particular User’s actions.
3.5. The Users further acknowledge and agree that Users, and not Overgear, are solely responsible for:
(a) evaluating and determining the suitability of any deal, Buyer or Seller;
(b) assessing whether to enter into a deal with another User and verifying any information about another User;
(c) deciding whether to enter into a deal on Overgear as well as the deal terms;
(d) negotiating, agreeing to, and executing any terms or conditions of the deals and for performing and monitoring performance under them. All deals between Users are directly between the Users and Overgear is not a party to them.
3.6. Overgear neither guarantees nor is responsible for the safety of the Buyer's Gaming Account or any personal data delivered directly to the Seller or to third parties.
Neither is Overgear liable for:
3.9. The Seller is solely responsible for the accuracy of the information provided in the item description, compliance with the delivery times, and fulfillment of the bonus conditions specified in the Offer.
3.10. Neither Overgear nor the Seller is responsible for possible measures or sanctions against a Profile applied by the game's administration during or after the deal.
3.11. Subject to the conditions set forth herein, Overgear reserves the right to unilaterally modify, amend, or otherwise change this Agreement, the Privacy Policy, and any additional terms applicable to certain programs established by Overgear whenever necessary by posting a revised version on the Platform.
3.12. Overgear reserves the right to delete or edit any information published on the Website, including material that violates current legislation, violates third-party rights or is inappropriate from Overgear's point of view.
3.13. Sharing or selling of Gaming Accounts to third parties is not allowed on Overgear.
3.14. Overgear provides the Users with the opportunity to receive customer support via the Overgear Chat on the Website by clicking the "Chat with us" button. Where necessary, the User may also contact Overgear at support@overgear.com to address Customer Service.
4. Interaction between the Parties on the Platform. Deal-making Process
4.1. The Users guarantee polite and respectful treatment of each other and Overgear’s official representatives.
4.2. The Seller Services and/or Goods are delivered at the Platform by the Seller to the Buyer, according to the terms and conditions of the Deal agreed by them.
4.3. The interaction between the Buyer and the Seller throughout the process of the formation and fulfillment of the Deal can be divided into the following 4 (four) stages:
4.3.1. In response to the Seller's Offer available on the Platform, the Buyer places his Order.
4.3.1.1. The Buyer's Order consists of selections of preferable execution options available in the Seller's Offer so that the base Offer price can change subject to the options chosen for the Proposal. Depending on the number and peculiarities of the selected preferable execution options available in the Seller's Offer, the Buyer knows from the Platform the price and order completion time for his Order.
4.3.1.2. To place the Order, the Buyer should make an advance payment from the Buyer's Overgear Wallet or Overgear Coins Wallet in the amount of the Order price automatically calculated by the Platform on the basis of the priorly selected preferable execution options available in the Seller's Offer. By making the advance payment for Seller Services or Goods indicated in the Order, the Buyer confirms their complete and unconditional consent to receive Seller Services and Goods under the terms of the Order.
4.3.1.3. Once the Order is placed, the Seller is able to observe the Order and to agree (or to reject) with the Order conditions. After the Seller agrees with the Order conditions, the Deal is deemed to be formed under the same conditions, and the stage 'In progress' commences.
4.3.1.4. The Buyer always has the right to cancel the Order at the 'Placed' stage. In this case, the advance payment for the Order placement will be returned to the Buyer's Overgear Wallet.
4.4. The purpose of the 'Placed' stage for the Parties is to agree upon the conditions of the Seller Services and/or Goods provided by the Seller to the Buyer in the scope of a certain Deal so that the Deal is deemed to be formed.
4.5. Under the "In progress" stage, the Seller delivers the Seller Services and/or Goods according to the terms and conditions of the Deal agreed between the Parties at the 'Placed' stage.
The Buyer and the Seller interact at the Platform in the course of the "In progress" stage under the following provisions:
4.5.1. The Seller is obliged to start working on the Deal fulfillment within the time limit that is either specified in advance or agreed upon during the chat with the Buyer, in compliance with all the conditions of the Deal.
If this Agreement or the terms and conditions of the Deal agreed by the Parties are violated, the injured party can claim a partial refund via the Overgear Arbitration Process under Section 8 of this Agreement.
4.5.2. Users are entitled to cancel their Deal. When canceling the Deal, the User receives a full or partial refund to the Wallet. The cases under which the User has the right to cancel their Deal are listed below.
4.6. The Buyer and the Seller interact at the Platform in the course of the "Confirmation" stage under the following provisions:
4.6.1. After the Deal is fulfilled and the Seller Service and/or Good is received by the Buyer, provided all Deal conditions are met, the Seller reports the delivery of the Seller Service and/or Good at the Platform by uploading delivery evidence, i.e. screenshots on the "My Sales" page.
4.6.2. After the Seller uploads screenshots, the Buyer accepts the Seller's Services rendered and/or Goods delivered by clicking the "Confirm delivery" button. This indicates the Buyer's final acceptance of the fulfillment of the Seller's obligations under the Deal.
Once the Buyer's final acceptance of the fulfillment of the Seller's obligations under the Deal occurs, the Deal is deemed to be 'Completed.'
4.6.3. Alternatively, the Buyer is entitled to reject the Deal Confirmation and appeal to Overgear Arbitration for the Deal canceling and/or refund.
4.6.4. Should the Buyer neither accept the Deal fulfillment nor reject the Deal Confirmation, after 72 hours pass since the screenshots are uploaded by the Seller on the "My Sales" page, the Buyer's final acceptance of the fulfillment of the Seller's obligations under the Deal is deemed to have been made.
4.7. Under the "Completed" stage, the Seller receives their funds for the completed Deal at the Seller’s Overgear Wallet and the Buyer is awarded with OG Cashback at the Overgear Coins Wallet if the Buyer paid for the Deal with real money and the Deal is not disputed in OG Arbitration.
4.8. Throughout all four (4) above-mentioned stages of the interaction between the Buyer and the Seller, both the Seller and the Buyer are entitled to the following additional actions:
Contact the Buyer via the Chat by clicking the "Go to intercom" button
Address the Overgear Arbitration under Section 8 of this Agreement by clicking the "I need help" button should a dispute arise between the Seller and the Buyer.
4.9. The Overgear Refund Policy expressly sets forth the cases in which the Users are entitled to request a refund and other provisions on refunds.
4.10. To learn more about the interface for the interaction between the Seller and the Buyer on the Platform, please visit our Help Centre—Knowledge Base.
5. Overgear Wallet. Transactions between the Parties
5.1. After the Deal formation, the first time a Seller uses the Platform to receive payment from the Buyer, Overgear will establish and maintain an Overgear Wallet for the Seller to receive or withdraw payments, issue refunds to Buyers, and make payments to Overgear.
5.2. After entering into a deal, the first time a Buyer makes a payment to a Seller, Overgear will establish and maintain an OG Wallet for a Buyer to hold funds for the Buyer to use to make payments or receive refunds in connection with deals, and to make payments to Overgear.
Additionally, Overgear creates a Bonus Account for a Buyer to transfer Overgear Coins, which can be used by the Buyer for partial payment in the framework of transactions of the Platform in compliance with the rules and restrictions listed in the Overgear Bonus System.
5.3. OG Wallet is based on the User's needs. Users agree to authorize Overgear to be their escrow agent, which means that Overgear holds the amount of money, OG Coins paid by the Buyer for the purchase of the Seller's Goods and Services using OG Wallet or Bonus Account until the Deal is successfully completed. After that, the money and OG Coins are credited to the Seller. Users agree to comply with Overgear rules of using their OG Wallets, including OG Coins from the Bonus Account.
5.4. The Seller transfers the property in Goods or renders the Seller Services to the Buyer for consideration in the form of virtual funds from the virtual balance on the Overgear Wallet.
5.5. Until the deal is over, the Buyer's funds and OG Coins are protected by the OG Wallet/Bonus Account and finally transferred to the Seller after the deal is complete and both Parties confirm that all conditions were met.
5.6. Overgear is a guarantor in any deals made with the use of OG Wallet, which means Overgear is responsible for the safety of OG Wallets and ensures the security of the Profile-related data by storing it on a secure server. The Overgear's guarantor Services are provided from the moment the funds are transferred to the User's OG Wallet up until they are further transferred to the other. Should any technical accidents occur, including the hacking of the User’s OG Wallet, the funds stored in the Wallet shall be returned to the User in case sufficient evidence is provided by the User to prove the accidents are not attributable to the User’s own actions. The same guarantees are applicable with regard to the Bonus Account held by the Buyers on the Platform.
5.7. The Seller is entitled to hold the funds on their Overgear Wallet for a reasonable period of time of no more than ninety (90) days.
5.8. After 90 days, the Seller shall withdraw available funds by any appropriate means available at the Overgear Platform, including bank transfer through the payment system used by the Overgear Platform. The Seller reserves the right to request the withdrawal of the funds from their Overgear Wallet on a one-time basis at any time before the completion of a 90-day period.
5.9. The Buyer should have enough virtual funds from the virtual balance on the OG Wallet/Bonus Account to reasonably consider the Seller's Services or Goods on the Overgear Platform.
5.10. In the Overgear Profile, the User can transfer funds to the OG Wallet. The User can also use funds to purchase Seller Services or Goods, the sum of which will be automatically transferred to their Wallet and charged from there immediately.
5.11. When transferring funds, Users recognize that they are not buying a specific Seller Service or Good but are transferring funds onto the balance of the virtual OG Wallet, which will be used to pay for the Seller Services or Goods being purchased.
6. Taxes and Commissions entailed by utilizing the Platform. Withdrawing money from Overgear
6.1. When a deal is complete, Overgear shall charge a Commission from the Seller for the use of the Platform and promotion of Seller Services. Overgear may charge a Commission of up to 16% of the transferred amount. For the Seller Services concerning the sale, purchase, or exchange of in-game currency, the Commission rate is 12%. The size of the Commission depends on the Seller's average sales per day and on seasonal sales held by Overgear on the Platform of which Sellers are going to be notified in advance via the Website.
6.2. The Commission is paid by Sellers when the funds are transferred to their Overgear Profile.
6.3. When a Seller requests to withdraw money from their Wallet to their personal bank account, Overgear shall calculate and charge the payment system's Commission up to 5% of the transferred amount depending on the selected withdrawal method:
7. Non-Circumvention
7.1. A User agrees not to ask for, provide, or attempt to identify through public means or find outside the Platform the contact information of other Users, including personal contact data. The sole exception shall be the gaming data, which includes any relevant information used for communication within the game, such as Username or server.
7.2. Overgear Platform shall be the sole manner for any User to communicate with other Users.
7.3. The Users agree not to provide any information that would allow others to contact them directly by any means other than the official Website.
7.4. The Users agree not to circumvent the Payment Methods offered on the Platform.
7.5. An attempt to circumvent the Payment Methods by paying for the Seller Services and Goods listed on the Website without using the Platform as an intermediary will result in blocking both Parties’ Overgear Profiles.
8. Dispute Resolution. Overgear Arbitration
8.1. Overgear Arbitration is an intermediary party and a guarantor in resolving any disputes between the Parties (the Users). As an intermediary, Overgear Arbitration always tries to exercise non-biased arbitrary decisions.
8.2. If the rules of the Agreement or those discussed during the negotiation of the transaction between the Users (i.e., the transaction for purchasing Seller Services or Goods on the Platform) are violated, each Party is entitled to file a formal complaint via the online form and address it to Overgear Arbitration. In this case, Overgear Arbitration carries out a competent investigation of the dispute between the Parties (the Users). The Arbitration will consider claims made by both Parties (Users) and make a conclusion based on facts and proofs provided by the Parties.
8.3. Overgear is entitled to suspend the Buyer’s Overgear Profile when the Buyer systematically (on a repetitive ground) applies to Overgear Arbitration more frequently than after completion of every fourth transaction (i.e. purchasing Seller Services or Goods) on the Platform claiming the availability of any minor defects of the purchased Seller Services and/or Goods. The Platform will consider such actions of the Buyer in this case as not intended to protect the Buyer’s rights as a consumer, but to take advantage of Overgear Arbitration by trying to obtain the maximum benefit (including material compensation from the Platform in the form of refund of the cost of Seller Services or Goods) along with retaining the results of the purchased Seller Services and/or the Goods.
8.4. Overgear is not responsible for the consequences caused by the suspending of the Buyer’s Overgear Profile and the cancellation of the refund of the cost of the Seller Services and/or the Goods in accordance with paragraph 9.3 above. In this case, Overgear will also be entitled to cancel any refund of the cost of the Seller Services and/or Goods.
8.5. If rules of the Agreement, as well as the conditions discussed during deal negotiations, are violated, or the guaranteed deadlines are exceeded, the Overgear Arbitration is entitled - after investigating the situation – to imposing sanctions, as prescribed by Section 9 of this Agreement, to the Party proven to violate the aforementioned conditions.
9. Sanctions and Fine Policy
9.1. Overgear may invoke the right to cancel the Agreement with the User and block the User’s Overgear Profile, revoking their access to the Platform in the following cases:
9.5. Overgear will notify the Users of any actions or measures applied to them via e-mail and a notification in the Overgear Profile.
The Agreement regulates the relations between You (also referred to as 'the User') in the capacity of a Seller or a Buyer (hereinafter also referred to as 'Parties' or, if separately, 'the Party') and Overgear. The Agreement defines the key notions and conditions, obligations, and rights of each Party in deal-making, the usage of instruments, applications, and any other services provided by Overgear. The Parties have the right to see the Platform as the guarantor. The Parties have the right to request arbitration to resolve any dispute, should one appear.
OVERGEAR LIMITED
Diagorou 4, Kermia Building, 3rd floor, office 304, 1097, Nicosia, Cyprus. Reg. number: HE395043
Support phone +35722030060
The User Agreement and these Conditions shall be governed by and construed in accordance with the law of Cyprus.
1. Definitions
The definitions listed below shall apply to this Agreement, Privacy Policy, and any additional terms applicable to certain programs established by Overgear.
1.1. The User is a person who uses the instruments, applications, and other services provided by the Overgear Platform. Users have the right to purchase the desired Seller Services and Goods, use their Overgear Profile, manage the funds they transferred onto their Profile (the funds can be returned to the bank requisites from which they originated), and count on Overgear's arbitrary support should any disputes arise.
1.2. The Seller (also referred to as 'Currency supplier' or 'Booster') is a User who has undergone the additional registration procedure, entered additional sign-up data, and been granted the opportunity to post Offers, sell Seller Services and Goods on the Platform, and count on Overgear's arbitrary support should a dispute occur.
1.3. The Buyer is a User of the Platform who is entitled to:
- Purchase Seller Services and Goods.
- Use the Overgear Profile.
- Manage the funds that have been transferred to their Profile (with the opportunity to transfer them back to the bank requisites from which the payment was made).
- Apply for the Overgear Arbitration in the course of Section 8 of this Agreement.
1.5. A Gaming Account is an account registered by the User on third-party platforms that are specially designed for the purpose of playing online video games.
1.6. The Seller Service refers to an act or performance 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.
1.7. The Overgear Service refers to any intermediate service Overgear provides to Users, including hosting and maintaining the Overgear Platform, securing the instruments for the Sellers to place and offer their Seller Services and Goods, facilitating the formation of deals between Sellers and Buyers, and assisting Users in resolving disputes which may arise in connection with those deals.
1.8. Goods are valuable virtual components of a game that a Buyer can purchase on the Platform.
1.9. Overgear Wallet (also referred to as 'OG Wallet') is an electronic account designed on the Platform for settlements between the Seller and the Buyer for buying/selling Seller Services and Goods under this Agreement.
1.9.1. Overgear Bonus System (also referred to as 'Bonus System') is a set of circumstances under which the Buyers are provided with Overgear (OG) Coins.
1.9.2. OG Coins Wallet (also referred to as 'Bonus Account') is a separate electronic account specifically created for receiving OG Coins. A Buyer can use the Bonus Account to purchase Seller Services and Goods in accordance with the OG Bonus Policy. The Bonus Account is automatically created and separate from the OG Wallet.
1.9.3. An Overgear Coin (also referred to as ‘OG Coin’ or ‘OG Coins’) is a virtual unit provided to the Buyer in special circumstances under the Bonus System for making payments to purchase Seller Goods and Services on the Platform. For more information about OG Coins, please read https://loyalty.overgear.com/.
1.9.4. Overgear Cashback (also referred to as ‘OG Cashback’) is a reward provided to the Buyer as part of the Bonus System, earned through eligible purchases of Seller Goods and Services on the Platform, and credited as OG Coins to the Buyer’s Bonus Account. OG Cashback is awarded for Orders of any type of Goods and applied to the total payment amount minus any discounts and payments made with OG Coins.
1.10. Commission is a payment to Overgear for providing trading space, instruments, intermediary services and money transaction security.
1.11. Overgear Arbitration is an independent and unbiased intermediary party for resolving any disputes between the Users.
1.12. A subscription is a set of privileges determined by Overgear that the User gains in exchange for a write-off of a specific amount of money monthly or weekly.
1.13. A verified Seller's status allows the Seller to make personal Offers to the Buyers via the Overgear Chat and provides Sellers with the privilege of an accelerated withdrawal of funds.
1.14. Overgear Chat is a part of the Overgear Platform created for the purpose of communication between the Sellers, the Buyers and Overgear.
1.15. The deal is a contract entered into on the Overgear Platform between a Seller and a Buyer concerning the sale-purchase of Seller Services and Goods.
1.16. An offer is a proposal made by a Seller to form a Deal with a Buyer. It includes the description of the product in English (also referred to as 'item description'), information on delivery time, and, if necessary, other bonus conditions determined by a Seller.
1.17. Order - an expression of the Buyer's will to purchase the Seller's Services or Goods on the terms of one of the Offers presented on the Platform.
1.18. Payment Method is a valid credit card issued by a bank acceptable by Overgear, an Accentpay, GooglePay, or ApplePay account, or the Bonus Account, or such other method of payment as Overgear may accept from time to time in Overgear sole discretion. The user can utilize the Bonus Account to cover up to 30% of the purchase price.
1.19. Sanctions refer to disciplinary measures taken against one or both Parties. These may include:
- Reducing the Buyer's or the Seller's rating
- Fining
- Temporary or permanent blocking of the Profile.
2. Overgear Profile and User's Personal Data
2.1. A User must register an Overgear Profile to have full access to Overgear Services. By using the Overgear Platform and by clicking a 'Sign Up' button when prompted on the Platform, a User agrees to be bound by all agreements that constitute Overgear’s Terms of Service, viz. this Agreement and the Privacy Policy as well as any additional terms applicable to certain programs established by Overgear. If a User does not understand or agree to the Terms of Service, they shall not click to accept this Agreement by signing up and shall not visit the Overgear Website or use the Platform or any other Services provided by Overgear.
2.2. The User's Profile registration is subject to approval by Overgear. Overgear reserves the right to decline a registration of a Profile for any lawful reason.
2.3. Registered users of the Overgear Platform are referred to as 'Users,' and unregistered users are referred to as 'Site Visitors.'
2.4. To acquire the seller status, a User should submit an application via https://work.overgear.com/. The user should provide their nickname, e-mail address, and date of birth and attach a copy of their passport or government-issued ID, indicating information about Seller Services and Goods they want to sell. After Overgear approves the application, the User will be granted the Seller status.
2.5. Overgear may collect Personal Information, such as User’s date of birth or taxpayer identification number, to validate User’s identity or as may be required by law, such as to complete tax filings. Overgear may request documents to verify this information, such as a copy of the User’s government-issued ID.
3. Relationship between the Parties and Overgear. Parties’ Responsibility
3.1. Overgear offers a Platform that enables Users to find one another, enter into deals, and make and receive payments through Overgear Wallet.
3.2. Via Overgear Platform Users can sell, buy, or exchange Seller Services and Goods.
3.3. Overgear does not possess Seller Services and Goods and does not offer or sell them. It only acts as an intermediary party facilitating the Users' trading with each other by guaranteeing the safety of the funds placed on the Overgear Wallet. Should a dispute occur, Overgear Arbitration takes on the obligation of facilitating the quickest resolution, complying with the law and the issues of the current Agreement.
3.4. By accepting this Agreement, the Users acknowledge and agree that Overgear does not supervise, direct, control, or monitor Users in the performance of any obligations they may have under the deals and agree that:
(a) Overgear is not responsible for ensuring the accuracy or legality of any Seller Services, for which Sellers are solely responsible;
(b) Overgear is not responsible for the offering, performance, or procurement of the deals;
(c) Overgear does not make any representations about or guarantee any particular User’s actions.
3.5. The Users further acknowledge and agree that Users, and not Overgear, are solely responsible for:
(a) evaluating and determining the suitability of any deal, Buyer or Seller;
(b) assessing whether to enter into a deal with another User and verifying any information about another User;
(c) deciding whether to enter into a deal on Overgear as well as the deal terms;
(d) negotiating, agreeing to, and executing any terms or conditions of the deals and for performing and monitoring performance under them. All deals between Users are directly between the Users and Overgear is not a party to them.
3.6. Overgear neither guarantees nor is responsible for the safety of the Buyer's Gaming Account or any personal data delivered directly to the Seller or to third parties.
Neither is Overgear liable for:
- Any viruses, malicious or harmful programs that the User has allowed to install on their devices as a result of the misuse of networks
- The content that the User decides to host on the Overgear Platform or the Seller Services that the Seller intends to carry out through their promotion on the Platform
- Any action by the User related to the use of the Website, from any damage suffered by the User due to the loss and/or disclosure of the access data, of delays and interruptions in operation, which occur directly or indirectly, for reasons out of the reasonable control of Overgear
- The quality of the operation of the software, web browsers, operating systems, and hardware manufactured and supplied by third parties.
- Reducing the rating
- Charging a fine.
3.9. The Seller is solely responsible for the accuracy of the information provided in the item description, compliance with the delivery times, and fulfillment of the bonus conditions specified in the Offer.
3.10. Neither Overgear nor the Seller is responsible for possible measures or sanctions against a Profile applied by the game's administration during or after the deal.
3.11. Subject to the conditions set forth herein, Overgear reserves the right to unilaterally modify, amend, or otherwise change this Agreement, the Privacy Policy, and any additional terms applicable to certain programs established by Overgear whenever necessary by posting a revised version on the Platform.
3.12. Overgear reserves the right to delete or edit any information published on the Website, including material that violates current legislation, violates third-party rights or is inappropriate from Overgear's point of view.
3.13. Sharing or selling of Gaming Accounts to third parties is not allowed on Overgear.
3.14. Overgear provides the Users with the opportunity to receive customer support via the Overgear Chat on the Website by clicking the "Chat with us" button. Where necessary, the User may also contact Overgear at support@overgear.com to address Customer Service.
4. Interaction between the Parties on the Platform. Deal-making Process
4.1. The Users guarantee polite and respectful treatment of each other and Overgear’s official representatives.
4.2. The Seller Services and/or Goods are delivered at the Platform by the Seller to the Buyer, according to the terms and conditions of the Deal agreed by them.
4.3. The interaction between the Buyer and the Seller throughout the process of the formation and fulfillment of the Deal can be divided into the following 4 (four) stages:
- "Placed"
- "In progress"
- "Confirmation"
- "Completed"
4.3.1. In response to the Seller's Offer available on the Platform, the Buyer places his Order.
4.3.1.1. The Buyer's Order consists of selections of preferable execution options available in the Seller's Offer so that the base Offer price can change subject to the options chosen for the Proposal. Depending on the number and peculiarities of the selected preferable execution options available in the Seller's Offer, the Buyer knows from the Platform the price and order completion time for his Order.
4.3.1.2. To place the Order, the Buyer should make an advance payment from the Buyer's Overgear Wallet or Overgear Coins Wallet in the amount of the Order price automatically calculated by the Platform on the basis of the priorly selected preferable execution options available in the Seller's Offer. By making the advance payment for Seller Services or Goods indicated in the Order, the Buyer confirms their complete and unconditional consent to receive Seller Services and Goods under the terms of the Order.
4.3.1.3. Once the Order is placed, the Seller is able to observe the Order and to agree (or to reject) with the Order conditions. After the Seller agrees with the Order conditions, the Deal is deemed to be formed under the same conditions, and the stage 'In progress' commences.
4.3.1.4. The Buyer always has the right to cancel the Order at the 'Placed' stage. In this case, the advance payment for the Order placement will be returned to the Buyer's Overgear Wallet.
4.4. The purpose of the 'Placed' stage for the Parties is to agree upon the conditions of the Seller Services and/or Goods provided by the Seller to the Buyer in the scope of a certain Deal so that the Deal is deemed to be formed.
4.5. Under the "In progress" stage, the Seller delivers the Seller Services and/or Goods according to the terms and conditions of the Deal agreed between the Parties at the 'Placed' stage.
The Buyer and the Seller interact at the Platform in the course of the "In progress" stage under the following provisions:
4.5.1. The Seller is obliged to start working on the Deal fulfillment within the time limit that is either specified in advance or agreed upon during the chat with the Buyer, in compliance with all the conditions of the Deal.
If this Agreement or the terms and conditions of the Deal agreed by the Parties are violated, the injured party can claim a partial refund via the Overgear Arbitration Process under Section 8 of this Agreement.
4.5.2. Users are entitled to cancel their Deal. When canceling the Deal, the User receives a full or partial refund to the Wallet. The cases under which the User has the right to cancel their Deal are listed below.
4.6. The Buyer and the Seller interact at the Platform in the course of the "Confirmation" stage under the following provisions:
4.6.1. After the Deal is fulfilled and the Seller Service and/or Good is received by the Buyer, provided all Deal conditions are met, the Seller reports the delivery of the Seller Service and/or Good at the Platform by uploading delivery evidence, i.e. screenshots on the "My Sales" page.
4.6.2. After the Seller uploads screenshots, the Buyer accepts the Seller's Services rendered and/or Goods delivered by clicking the "Confirm delivery" button. This indicates the Buyer's final acceptance of the fulfillment of the Seller's obligations under the Deal.
Once the Buyer's final acceptance of the fulfillment of the Seller's obligations under the Deal occurs, the Deal is deemed to be 'Completed.'
4.6.3. Alternatively, the Buyer is entitled to reject the Deal Confirmation and appeal to Overgear Arbitration for the Deal canceling and/or refund.
4.6.4. Should the Buyer neither accept the Deal fulfillment nor reject the Deal Confirmation, after 72 hours pass since the screenshots are uploaded by the Seller on the "My Sales" page, the Buyer's final acceptance of the fulfillment of the Seller's obligations under the Deal is deemed to have been made.
4.7. Under the "Completed" stage, the Seller receives their funds for the completed Deal at the Seller’s Overgear Wallet and the Buyer is awarded with OG Cashback at the Overgear Coins Wallet if the Buyer paid for the Deal with real money and the Deal is not disputed in OG Arbitration.
4.8. Throughout all four (4) above-mentioned stages of the interaction between the Buyer and the Seller, both the Seller and the Buyer are entitled to the following additional actions:
Contact the Buyer via the Chat by clicking the "Go to intercom" button
Address the Overgear Arbitration under Section 8 of this Agreement by clicking the "I need help" button should a dispute arise between the Seller and the Buyer.
4.9. The Overgear Refund Policy expressly sets forth the cases in which the Users are entitled to request a refund and other provisions on refunds.
4.10. To learn more about the interface for the interaction between the Seller and the Buyer on the Platform, please visit our Help Centre—Knowledge Base.
5. Overgear Wallet. Transactions between the Parties
5.1. After the Deal formation, the first time a Seller uses the Platform to receive payment from the Buyer, Overgear will establish and maintain an Overgear Wallet for the Seller to receive or withdraw payments, issue refunds to Buyers, and make payments to Overgear.
5.2. After entering into a deal, the first time a Buyer makes a payment to a Seller, Overgear will establish and maintain an OG Wallet for a Buyer to hold funds for the Buyer to use to make payments or receive refunds in connection with deals, and to make payments to Overgear.
Additionally, Overgear creates a Bonus Account for a Buyer to transfer Overgear Coins, which can be used by the Buyer for partial payment in the framework of transactions of the Platform in compliance with the rules and restrictions listed in the Overgear Bonus System.
5.3. OG Wallet is based on the User's needs. Users agree to authorize Overgear to be their escrow agent, which means that Overgear holds the amount of money, OG Coins paid by the Buyer for the purchase of the Seller's Goods and Services using OG Wallet or Bonus Account until the Deal is successfully completed. After that, the money and OG Coins are credited to the Seller. Users agree to comply with Overgear rules of using their OG Wallets, including OG Coins from the Bonus Account.
5.4. The Seller transfers the property in Goods or renders the Seller Services to the Buyer for consideration in the form of virtual funds from the virtual balance on the Overgear Wallet.
5.5. Until the deal is over, the Buyer's funds and OG Coins are protected by the OG Wallet/Bonus Account and finally transferred to the Seller after the deal is complete and both Parties confirm that all conditions were met.
5.6. Overgear is a guarantor in any deals made with the use of OG Wallet, which means Overgear is responsible for the safety of OG Wallets and ensures the security of the Profile-related data by storing it on a secure server. The Overgear's guarantor Services are provided from the moment the funds are transferred to the User's OG Wallet up until they are further transferred to the other. Should any technical accidents occur, including the hacking of the User’s OG Wallet, the funds stored in the Wallet shall be returned to the User in case sufficient evidence is provided by the User to prove the accidents are not attributable to the User’s own actions. The same guarantees are applicable with regard to the Bonus Account held by the Buyers on the Platform.
5.7. The Seller is entitled to hold the funds on their Overgear Wallet for a reasonable period of time of no more than ninety (90) days.
5.8. After 90 days, the Seller shall withdraw available funds by any appropriate means available at the Overgear Platform, including bank transfer through the payment system used by the Overgear Platform. The Seller reserves the right to request the withdrawal of the funds from their Overgear Wallet on a one-time basis at any time before the completion of a 90-day period.
5.9. The Buyer should have enough virtual funds from the virtual balance on the OG Wallet/Bonus Account to reasonably consider the Seller's Services or Goods on the Overgear Platform.
5.10. In the Overgear Profile, the User can transfer funds to the OG Wallet. The User can also use funds to purchase Seller Services or Goods, the sum of which will be automatically transferred to their Wallet and charged from there immediately.
5.11. When transferring funds, Users recognize that they are not buying a specific Seller Service or Good but are transferring funds onto the balance of the virtual OG Wallet, which will be used to pay for the Seller Services or Goods being purchased.
6. Taxes and Commissions entailed by utilizing the Platform. Withdrawing money from Overgear
6.1. When a deal is complete, Overgear shall charge a Commission from the Seller for the use of the Platform and promotion of Seller Services. Overgear may charge a Commission of up to 16% of the transferred amount. For the Seller Services concerning the sale, purchase, or exchange of in-game currency, the Commission rate is 12%. The size of the Commission depends on the Seller's average sales per day and on seasonal sales held by Overgear on the Platform of which Sellers are going to be notified in advance via the Website.
6.2. The Commission is paid by Sellers when the funds are transferred to their Overgear Profile.
6.3. When a Seller requests to withdraw money from their Wallet to their personal bank account, Overgear shall calculate and charge the payment system's Commission up to 5% of the transferred amount depending on the selected withdrawal method:
- VISA, Mastercard (Debit cards) (3%)
- WMZ (0%)
- Paypal (5%)
- USDT, USDC, BTC (5%)
- SEPA Transfer (1.2%)
- SWIFT (2%).
7. Non-Circumvention
7.1. A User agrees not to ask for, provide, or attempt to identify through public means or find outside the Platform the contact information of other Users, including personal contact data. The sole exception shall be the gaming data, which includes any relevant information used for communication within the game, such as Username or server.
7.2. Overgear Platform shall be the sole manner for any User to communicate with other Users.
7.3. The Users agree not to provide any information that would allow others to contact them directly by any means other than the official Website.
7.4. The Users agree not to circumvent the Payment Methods offered on the Platform.
7.5. An attempt to circumvent the Payment Methods by paying for the Seller Services and Goods listed on the Website without using the Platform as an intermediary will result in blocking both Parties’ Overgear Profiles.
8. Dispute Resolution. Overgear Arbitration
8.1. Overgear Arbitration is an intermediary party and a guarantor in resolving any disputes between the Parties (the Users). As an intermediary, Overgear Arbitration always tries to exercise non-biased arbitrary decisions.
8.2. If the rules of the Agreement or those discussed during the negotiation of the transaction between the Users (i.e., the transaction for purchasing Seller Services or Goods on the Platform) are violated, each Party is entitled to file a formal complaint via the online form and address it to Overgear Arbitration. In this case, Overgear Arbitration carries out a competent investigation of the dispute between the Parties (the Users). The Arbitration will consider claims made by both Parties (Users) and make a conclusion based on facts and proofs provided by the Parties.
8.3. Overgear is entitled to suspend the Buyer’s Overgear Profile when the Buyer systematically (on a repetitive ground) applies to Overgear Arbitration more frequently than after completion of every fourth transaction (i.e. purchasing Seller Services or Goods) on the Platform claiming the availability of any minor defects of the purchased Seller Services and/or Goods. The Platform will consider such actions of the Buyer in this case as not intended to protect the Buyer’s rights as a consumer, but to take advantage of Overgear Arbitration by trying to obtain the maximum benefit (including material compensation from the Platform in the form of refund of the cost of Seller Services or Goods) along with retaining the results of the purchased Seller Services and/or the Goods.
8.4. Overgear is not responsible for the consequences caused by the suspending of the Buyer’s Overgear Profile and the cancellation of the refund of the cost of the Seller Services and/or the Goods in accordance with paragraph 9.3 above. In this case, Overgear will also be entitled to cancel any refund of the cost of the Seller Services and/or Goods.
8.5. If rules of the Agreement, as well as the conditions discussed during deal negotiations, are violated, or the guaranteed deadlines are exceeded, the Overgear Arbitration is entitled - after investigating the situation – to imposing sanctions, as prescribed by Section 9 of this Agreement, to the Party proven to violate the aforementioned conditions.
9. Sanctions and Fine Policy
9.1. Overgear may invoke the right to cancel the Agreement with the User and block the User’s Overgear Profile, revoking their access to the Platform in the following cases:
- If the User breaches any terms and conditions of this Agreement or any other portion of the Terms of Service.
- If the User tries to directly target, abuse, or otherwise insult other User(s) of the Platform.
- If the User provided false or misleading information to Overgear and/or other User(-s).
- If the User’s actions may cause legal liability for Overgear and/or other User(-s) or third parties, may be contrary to the interests of the Platform or the User community, and may involve illicit or illegal activity.
- If Overgear is required to by law, legal process or law enforcement.
- If a Seller provided inaccurate information to Overgear and/or other User(-s).
- If a Seller has committed or attempted to commit fraud or other illicit acts on or through the Platform or is using the Platform unlawfully.
- If erroneous or duplicate transactions were made between the Parties.
- Rating reduction
- Money withdrawal from the Seller's Overgear Wallet
- Full or partial refund of money to the Buyer’s Overgear Wallet
- Withdrawal of the Seller’s current Offers from the Platform
- Withdrawal of the Status of Seller.
9.5. Overgear will notify the Users of any actions or measures applied to them via e-mail and a notification in the Overgear Profile.