Cancellation and Refund Policy
Valid from: August 11, 2023
Last modified: August 11, 2023
Limassol, Cyprus
This Cancellation and Refund Policy (hereinafter referred to as the “Policy”) defines the rules for cancelling requests for the provisions of the boosting of game accounts services (hereinafter referred to as the “Services”) made by the natural person using the Services (hereinafter referred to as the “Users”) through the website with the domain name https://levelupper.com/ (hereinafter referred to as the “Website”), and the rules for making the refunds of the payments made by the User of the Services.
Particularly, the Policy describes when the User has the right to cancel the request for the provision of the Services, in which circumstances the User shall be provided with full refund of the payment for the Services, and in which cases the User does not have the right to receive the refund.
The Policy is enacted by ETERNAL STAR LTD, a legal entity incorporated in Cyprus under the registration number HE 445014, with registered office at Evripidou, 12A, Agia Zoni, 3031, Limassol, Cyprus (hereinafter referred to as the “Company”). The Company is responsible for performance of the refunds in favor of the Users.
This Policy is enacted in accordance with the General Data Protection Regulation (GDPR) No. 2016/679 adopted by the European Parliament and the Council on 27 April 2016.
The terms and definitions provided by the GDPR apply to this Policy unless the definition of the specific term contradicts the definition provided in the Policy.
This Policy shall be read and construed in lieu of the Terms and Conditions of the Company that establish the rules for the provision of the Services (hereinafter referred to as the “Terms”), as well as the Privacy Policy and the Payment Policy of the Company.
The terms and definitions of the Terms and the Privacy Policy apply to this Policy unless they contradict the terms and definitions of this Policy.
The Policy shall be considered the agreement between the User and the Company which remains in force until the User or the Company terminates the Terms in accordance with Section 13 of the Terms.
1. Cancellation of the request for the provision of the services
1.1. If the User makes the request for the provision of the Services in accordance with the para.3.2 or para.3.3 of the Terms, the User has the right to cancel the request before the Company starts the provision of the requested Services. In this case, the User is entitled to the full refund in accordance with Section 2 of this Policy.
1.2. If guilty actions or inaction of the Company or the Booster lead to the ban (closure, restriction) of the Game Account of the User or if guilty actions or inaction of the Company or the Booster cause any other harm or damage to the User, the User has the right to cancel the request for the provision of the Services and receive the full refund in accordance with Section 2 of the Policy, even if the Services have been fully provided in accordance with the Terms.
1.3. If the Booster has partially provided the requested Services, the User has the right to cancel the request for the provision of the Services in respect of the unprovided part of the Services and receive partial refund in accordance with Section 3 of the Policy.
1.4. If the User desires to cancel the request for the provision of the Services, the User shall send the Company the written cancellation request. The written cancellation request shall be sent through the official channels of communication provided by Section 5 of the Terms.
The User cancelling the request for the provision of the Services shall also notify the Booster about the cancellation so that the Booster will not have to continue the provision of the Services. The notification shall be made on the same day when the User sends the cancellation request.
The cancellation is in effect when the Company receives the cancellation request of the User.
1.5. If the Company finds out the Services cannot be provided due to the legal grounds described in para.3.4 or para.10.3 of the Terms, the Company has the right to unilaterally cancel the request of the User for the provision of the Services.
If the cancellation has been made before the Company started the provision of the Services, the User is entitled to the full refund in accordance with Section 2 of the Policy.
If the cancellation has been made when the Company has partially provided the Services, the User is entitled to partial refund in accordance with Section 3 of the Policy. However, the Company has the right to refuse refund if legal grounds provided in Section 4 of the Policy exist.
2. Full refund of the payment for the services
2.1. The User has the right to receive the full refund of the payment for the Services made in accordance with the Terms if the legal grounds provided by paras.1.1-1.2 or para.1.5 of this Policy exist.
2.2. If the User desires to perform the full refund of the payment, the User shall send the Company the written request for the full refund. The written request for the full refund shall be sent through the official channels of communication provided by Section 5 of the Terms. The written request for the full refund shall be sent together with the written cancellation request provided by para.1.4 of this Policy, or within 14 (fourteen) calendar days after the written cancellation request is sent to the Company, or within 14 (fourteen) calendar days after the Company cancels the provision of the Services in accordance with para.1.5 of the Policy.
2.3. The Company shall perform the full refund within 30 (thirty) business days after receiving the written request for the full refund from the User.
2.4. The refund is credited to the bank account (e-wallet) or bank card of the User used by the User for paying for the Services.
If the bank account (e-wallet) or bank card of the User cannot be used for receiving the refund (for example, because the bank card has expired), the User shall notify the Company about that in the request for the refund and shall provide the Company with the information about another bank account (e-wallet) or/and bank card of the User that can be used for receiving the refund.
The User bears all the risks associated with the inability to use the bank account (e-wallet) or bank card for receiving the refund and with the failure to notify the Company about such inability.
The User also bears all the risks associated with situations in which no bank account (e-wallet) or bank card can be used for receiving the refund.
The User cannot use a bank account (e-wallet) or a bank card of a third party to receive the refund. The bank account (e-wallet) or the bank card used for receiving the refund shall be in the name of the User.
3. Partial refund of the payment for the services
3.1. The User has the right to receive the partial refund of the payment for the Services made in accordance with the Terms if the legal grounds provided by para.1.3 or para.1.5 of this Policy exist.
3.2. The rules of the full refund procedure prescribed by paras.2.2-2.4 of this Policy shall apply to the partial refund provided by para.3.1 of this Policy.
3.3. The amount of the partial refund that shall be paid to the User is calculated as proportion to the scope of the Services that have not been provided to the User due to the cancellation. In order to calculate the amount of the partial refund and the proportion between the amount of the partial refund and the scope of the Services that have not been provided to the User, the Company evaluates the progress of the Services provision.
Particularly, the Company analyzes which activities had to be performed by the Booster as the Services, which actions the Booster managed to perform before the cancellation was performed, and which actions the Booster did not perform as the Services due to the cancellation.
The Company also takes into account whether the cancellation was made by the Company due to the circumstances provided in para.1.5 of the Policy or by the User. The Company also considers whether the User tried to sabotage the provision of the Services as defined in para.10.3 of the Terms.
4. Refusal of the company to provide the refund
4.1. The Company has the right to refuse full or partial refund if one of the following legal grounds exist:
4.1.1. The written request for the full or partial refund was filed outside the term established in para.2.2 of the Policy.
4.1.2. The bank account (e-wallet) or the bank card of the User cannot be used for receiving the refund and the User has no other bank account (e-wallet) or bank card for receiving the refund.
4.1.3. The actions or inaction of the User were the reason of cancellation performed by the Company in accordance with para.1.5 of the Policy.
4.1.4. The cancellation of the request for the provision of the Services was the result of defamatory, offensive, or illegal behavior of the User.
4.1.5. The Company was not able to provide the Services because the User was sabotaging the provision of the Services as defined in para.10.3 of the Terms.
4.2. If the User does not agree with the Compan's refusal to provide full or partial refund, the User shall use the dispute resolution proceedings prescribed by para.14.2 of the Terms.
5. Contacting company
ETERNAL STAR LTD
A legal entity incorporated in Cyprus.
Registration number: HE 445014
Address: Evripidou, 12A, Agia Zoni, 3031, Limassol, Cyprus.
Email: support@levelupper.com