General

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Please read this agreement carefully and in its entirety. This term and condition of use is a legal agreement between you (user) and Good Gain Gaming Pty Ltd (ACN 662 934 152) to provide products and services related to the use of the esports platform owned by Good Gain, as well as participation in online events such as daily tournaments or friendly (quick matches) managed and administered by Good Gain and access to its entire network of competitors.

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Good Gain is an Australian company, registered in the state of South Australia. Good Gain has its registration, storage, processing and information management in Australia, as well as third party servers may be in, but not limited to Australia. Collectively we may refer to Good Gain in this term as "we", "GG", "GoodGain", ''platform" and "company". We may also refer to you in this term as "user" or "customer".

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This term governs your use of the software, the content of Good Gain, products and services offered under the software, including but not limited to currently available services.

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Please note that by downloading our software, using or accessing our products and services, you agree that you have read, understood and accepted these terms of use. We recommend that you read this term in conjunction with our privacy policy available within the application or on our website (www.goodgain.gg). If you do not agree to these terms, you should not use our software or access any of our available services.

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This app is the responsibility and property of Good Gain Gaming Pty Ltd. Once you download and use the company's products and services, you acknowledge and agree that you are contracting with and consuming a product or service from an Australian company, registered and operating in South Australia, governed by the federal and state laws of Australia. By using any Good Gain product or service you will be subject to the laws of South Australia where Good Gain operates, processes and manages its services and data. Any dispute relating to these terms and conditions or the services provided shall be construed in accordance with the laws of Australia. Each party submits to the exclusive jurisdiction of the courts of Australia in relation to any dispute relating to these Terms and Conditions or Good Gain.

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We strongly encourage you to check the laws regarding these services in your country of residence. Please note that some countries may have a different understanding of the esports industry or of the services we offer. You acknowledge that it is your sole and unfettered responsibility to check and comply with the local laws in your country of residence. Good Gain is not liable in any way for any legal infringement that violates the laws of your country of residence. You also acknowledge that Good Gain is not in any way legally, commercially, operationally, technically or financially responsible for the quality of the third party services provided exclusively to you and which serve to enable you to use our services. The third party services that you engage are described further below.

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We are always updating, improving our services and reviewing our policies, so this term may be updated from time to time. Good Gain reserves the right to update these terms at any time. Your continued use of our services will be deemed to represent your acceptance of any changes to this agreement. If you consider any change in these terms or in products and services offered to be unacceptable, your only option will be to stop using or accessing our services.

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Finally, Good Gain declares that it does not and never will offer in its services any games that have possibilities of winning due to luck and that characterize any, even minimally, games of chance or similar characteristics. The only kind of game for competition we offer is, and always will be, those in which the outcome is solely through the skill and ability of the player and ability of the player and not by probability or luck. We also do not allow third party access to the results on our platform, and therefore guarantee that there will be no companies offering winnings on the results of our competitions under any circumstances.

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Terms and conditions

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By accepting these terms and especially before starting to use the services, the user declares, agrees and acknowledges that:

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1. Right of Use, user statements and GoodGain's authority over accounts

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  1.1  The products offered and entitled as QUICK MATCHES, CHAMPIONSHIPS/TOURNAMENTS and RANKING are always treated here as “services”.

   1.2 By downloading our software you acknowledge that you are 18 years of age or older, as the services are expressly prohibited for persons under 18 years old. You also acknowledge that your use of this application, as well as the services offered therein, is for your personal use and that you have consulted and are confident that the use of these services is legal within the jurisdiction of your country of residence. You release Good Gain from any liability in your local jurisdiction and, you acknowledge that the company is unable to verify and analyze each jurisdiction and therefore this is your personal and non-transferable liability.

  1.3 Good Gain reserves the right to request, suddenly and at our discretion, proof of age to ensure that the services are not being used by an underage group. We reserve the right, if any irregularity is found, any falsification of age or even delay in sending the supporting information, to temporarily or permanently cancel the account immediately and no longer allow, if we so wish, the user access to any type of service, balance and withdrawal requests. We may request any official document that proves the veracity of the information, as well as request immediate and random "selfie" photographic records with submission within the application. These requests may occur without scheduled deadlines or frequencies and with no limit to the number of requests. It is Good Gain's full and unrestricted discretion to make requests certifying that this term is being respected and complied with.

  1.4  You represent that you alone are irrevocably liable for any and all costs, damages, expenses, losses or losses that occur due to internet connection or any third party service such as telephone, power, among others and that are unrelated to the services offered directly by Good Gain.

   1.5  You acknowledge that although you use our services in the app, you still do not obtain rights to the content linked in the app or to any information linked there, and any and all information owned by us may not be used without prior written notice to and authorization from Good Gain. Finally, you represent that you will not do anything that could damage Good Gain's image or reputation.

   1.6 You acknowledge that Good Gain is not a game developer and is not affiliated with any game developer and therefore does not arbitrate on any technical problem in games or any situation that may cause damage or dissatisfaction to your experience in a given game. You are aware that Good Gain is only an organizer of amateur online championships and matches and that the matches are held, managed and processed by the game developers on their servers and that we have no legal, liability or commercial relationship with such companies.

   1.7  The user declares to be aware that there is a risk of losing money when using the services offered and that GG or any member of the company has no responsibility with his performance in the skill games and, consecutively, with negative results.

   1.8  You acknowledge that Good Gain is only an organizer of online amateur tournaments and matches, and therefore there will be no interest payment on money deposited in your digital wallet and therefore in Good Gain's custody.

  1.9  The use of our services is optional, and all risk is exclusively with the user for his or her performance in the skill games.

   1.10  You acknowledge that you are solely responsible for informing yourself about tax and duty issues in your country of domicile, and are solely responsible for collecting any tax, fees or duties imposed on prizes or monetary amounts received through participation in our championships or quick games. You fully exempt Good Gain from collecting any tax in your jurisdiction on your winnings. You acknowledge that Good Gain is unable to provide any assistance or advice regarding taxation in your country of residence, with the exception of Australian residents. You must pay the tax on your earnings or value added taxes relevant to your jurisdiction.

  1.11  You acknowledge and agree that the opponents found by the platform are made randomly, using programmed algorithms and without any human interference in the process of drawing opponents or championship. Consecutively, the user acknowledges that he has no right to complain about the leveling of opponents in any situation, even if it may be adverse or unfavorable.

  1.12  The user declares that GoodGain has no responsibility for the quality and good performance of external services contracted by the user and, therefore, possible losses caused by problems with third party companies are the sole responsibility of the user. Good Gain will not refund the user's money for any loss due to faulty services for which it is responsible.

  1.13  You declare that all of your personal information provided in your registration with GG is accurate and true and you agree to request, at any time, the submission of documents to GoodGain to keep your account active.

  1.14  You declare that you are not prohibited from using our services or receiving product or cash prizes because of your geographical location or jurisdiction.

  1.15  For information provided and found to be false, Good Gain reserves the right, immediately and at our discretion, to terminate your account and no longer allow any access. Good Gain's decision regarding exclusion and banning of users is final and not subject to review or appeal. Users with accounts blocked for false information, fraud or attempted fraud will be banned and will not be able to open a new account in the future, nor will they have access to the user's current account with or without a monetary balance available. 

   1.16 The user recognizes as legitimate and agrees with the values charged by Good Gain regarding the provision of services as organizer of championships and matches, technology support, among other features that contemplate the provision of services and contribute to the delivery of the product to the user.

   1.17  The user guarantees that in case there is a payment error and money is mistakenly credited to his digital wallet or bank account, this money is still not his property and right. The user undertakes to return the entire amount to GoodGain upon being notified. Non-return will be considered a breach of this agreement and the user may be banned from the platform, as well as be subject to legal action in your jurisdiction if GoodGain so desires.

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2. Good Gain Non-Warranty Statement

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  2.1 GG disclaims any guarantees regarding the financial result or performance of the user using our services. The match and tournament organization services are provided by us and the performance, positive or negative, depends exclusively on your abilities to beat your opponents in the chosen games.

 2.2 GG disclaims responsibility for the quality, speed and any technical problems during the games and declares that this responsibility lies entirely with the developers of the games and the players involved in the games. The user, by playing an online game, has accepted the developer's terms and therefore is entitled to use the game in online mode. Finally, any losses that are beyond the control of our services provide no guarantees. Having a stable internet connection is the user's responsibility, Good Gain will not refund users or teams who lost matches due to internet problems.

 2.3 Good Gain is not responsible for any offensive, threatening, defamatory, racist, homophobic or any kind of discrimination communication between users on or off the platform. We encourage our users to register any offensive act and report it to the authorities in their country of residence.

2.4 The Good Gain team is always improving its services, however, we cannot guarantee that any of our services will function uninterruptedly or that they will be free of errors, defects, viruses, etc.

2.5 Good Gain is not responsible for the conduct of the user or his opponent while using our services, so the company reserves the right to offer no warranty about the conduct of competitors.

2.6 GG may, at its discretion and time, suspend, cancel, change or add improvements or updates to the services already offered or include new services in the application without any obligation to give you prior notice.

2.7 Nothing in this agreement creates or promotes any partnership, trust arrangement, fiduciary or business relationship between Good Gain and you.

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3. Deposit and Withdrawal Policies

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Deposits:

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3.1 The user can make money transfers to his digital wallet within the Good Gain app respecting the minimum and maximum deposit rules defined and informed within the app.

3.2 The user can find the ways to make the payment and replenish their digital wallet within the app. Only the information within the platform is considered official and up-to-date, although there may be old content or information recorded in channels or media outside the platform. Payment methods may vary according to your place of residence.

3.3 Bank transfers must be made within the secure environment of the financial institution that the user has an open account with, and therefore the procedure of sending money has no technological links or any system integration between the bank's and Good Gain's technologies, which exempts GG from any technical or security issues on the banking platform. This rule applies to any method of payment via transfer, whether using banking institutions or electronic payment companies.

3.4 Financial transfers must be made directly to our contracted payment facilitator, i.e. a company licensed and authorized by regulatory authorities to handle international payments. There is no possibility, under any circumstances, for Good Gain to receive payments in countries other than Australia.

3.5 GG reserves the right, at its discretion, not to accept users and downloads from countries where we know the jurisdiction prohibits our services.

3.6 The user acknowledges that it is his responsibility to make sure the destination account is correct. After the transfer, the user must access his digital wallet within the app and follow the instructions to report the amount transferred, attaching the proof, if necessary, of the transaction in a way that is visible the sender, recipient, full date and total amount of the transaction. It is the responsibility of the international payment operator to perform the payment reconciliation and report the payment or non-payment of the amount requested by you. Upon receiving this information, in cases where payments have been made, GoodGain will credit the amount received to your account.

3.7 You acknowledge that GoodGain, as well as its international payment partners, have up to 2 business days to reconcile the amount paid by you and the release of the amount into your user account. GoodGain may, at its sole discretion, release the funds to your account sooner than the time specified in this agreement.

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Withdrawals:

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3.8 The user is the sole owner of the monetary amounts in Good Gain's custody and held as an available balance in his digital wallet within the Good Gain platform. The user may, at his discretion, redeem the amounts available in his digital wallet by requesting the transfer of the amounts to his bank account in his country of residence, provided there is a positive balance available for redemption.

3.9 You agree that the receipt of any and all financial remittances originating from your earnings within Good Gain may, without exception, only be transferred to a bank account in your name and property. Good Gain reserves the right, in order to protect itself and the user from fraud or error, to only accept withdrawal requests that go to the same registered user and account owner as Good Gain.

3.10 The user accepts that he can request the withdrawal of the amounts available in his digital wallet at any time, with no limit to the number of requests. 

3.11 The user declares to be aware of and completely agree with the application of service fees charged by Good Gain at the time of withdrawal and recognizes that the amount received in his/her bank account will be the net value of the amount requested, that is, if there are withdrawal fees, the amount of the fee is subtracted from the total amount requested.

3.12 Good Gain will process and make the payment within a period of up to 2 business days. In addition to the processing time taken by Good Gain, there may be time limits required by banking institutions or electronic payment companies used by the user or by Good Gain.

3.13 The user must have a balance greater than the amount of the service fee charged at the time of the withdrawal request in order to be eligible and able to make withdrawals within the platform. There is no restriction regarding limits on withdrawal amounts, as long as the service fee is covered by the amount requested.

3.14 You acknowledge that promotional bonus or voucher amounts are ineligible for withdrawal unless otherwise stated in the general conditions of the incentive voucher promotion. Vouchers are incentives and may not, unless an exception is made, be withdrawn.

3.15 Good Gain reserves the right, upon proof of information fraud, violations of this or any of our company's terms and policies, gaming regulations or misconduct, to suspend or permanently terminate a user's access immediately and without the ability to access account balances.

3.16 The currency used should always be the currency of your country of residence.

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4. Services - General Definition and Values

 

4.1 Good Gain is an organizer of tournaments and quick games and works to bring together users willing to play the same game, under the same rules and rewards that are stipulated in a secure, technological environment with solid standards that are offered by the Good Gain app. GG arbitrates the competition rules, finds the players, ensures that the competitions take place smoothly, transparently and securely, and offers support to users. For these services described in this term, Good Gain calculates and charges for its services as described below.

4.2 Quick Matches 

       4.2.1 Quick matches are games played online between players or between teams formed by a group of players. Quick matches do not have any phase or sequential step to define the winner. The quick matches, with some exceptions, are defined in only 01 match and the winner is known after the end of this single confrontation. The official result information is provided by the game developer. The user chooses his favorite game, the competition room according to the value of the prize he would like to receive in case of victory, and asks Good Gain to find a user willing to face him. GG finds the user, uses its algorithm that searches for players randomly and automatically, organizes the confrontation, helping both players to create a quick match, and stipulates and arbitrates the rules, regulations, possible conflicts, determines the final result, and pays the stipulated prizes in case of victory. The match or game takes place on the users' consoles and within the game developers' servers and therefore without any interference or affiliation relationship of Good Gain with these games.

      4.2.2 GG is remunerated through a fixed percentage fee charged on all quick matches made within the platform. The percentage charged for providing services in the product ''quick matches'' is up to 20% of the amount paid by the user to participate in competitions and, consecutively, also use the services described above. Good Gain reserves the right to modify at its own discretion and time the value of the fees without prior notice, simply by amending this agreement.

4.3 Online Championships    

      . 4.3.1 Online tournaments are played in qualifying rounds and can start with a minimum of 04 and a maximum of 16 participants, with exceptions. Tournaments start from the round of 16 or directly in the semi-final round if the minimum number of participants is reached. The participants are distributed with a randomized and automated manner, there is no human interference in the choice of opponents.

       4.3.2 Good Gain will be remunerated for its services in the organization and administration of online tournaments within the app by means of a fixed percentage fee charged on the championship registration fee. The percentage charged is up to 31.25%, with some exceptions. This amount is calculated on the championship registration fee that is paid by the user to participate and use the services described above. Good Gain reserves the right to modify, at its own discretion and time, the amount of the fees without prior notice, simply by amending this agreement.

     . 4.3.3 By registering for one of the tournaments, you agree to the tournament rules published always and without exception on the tournaments page. It is mandatory for participation and your responsibility to read, interpret and, if in doubt, seek support.

     .   4.3.4 Some tournaments may last all day.

       4.3.5 You agree that Good Gain will review all matches played and may void any matches if any violation is proven. It is at the sole discretion of Good Gain and its employees to void the match, notify the participants and arbitrate regarding the prize. You further represent that you acknowledge Good Gain's authority to arbitrate, and user waive the registration fee and the receipt of the prize if Good Gain so decides.

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4.4 Rankings and Awards

      . 4.4.1 The rankings available on Good Gain are not products or services for which the company charges any fees to the user. Rankings are contest in nature and user rewards are bonuses that users can redeem as goals within the platform are met. Prizes are not mandatory and permanent in nature, and Good Gain therefore reserves the right to modify, discontinue or cancel prizes or rankings at its discretion and at an appropriate time. GG also reserves the right not to be responsible for the quality, possible technical or warranty problems, failures and delays in delivery services of the suppliers responsible for the products sent as a prize or gift, if any, and also, it is not part of Good Gain's obligation to provide any support between the awarded user and the supplier. The invoice will be issued in the name of the user and not Good Gain in the case of physical prizes.

 

5. Code of Conduct

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  5.1 Personal use: the service is only and exclusively for the user's personal use. Only the user is authorized to use the services within his/her access account and Good Gain has, through its fraud department, mechanisms to identify users with fraudulent behavior or fraud attempts.

  5.2 collusion: collusion between users to illicitly favor personal interests or to take competitive advantage over the opposing user or team is strictly prohibited. Manipulation of results or attempts to manipulate results, simulation of performance, among other ways to forge situations that favor one user over their opponent will be considered a violation of this agreement and Good Gain, at its sole discretion, may cancel the account and ban users. Users are encouraged to report cheating attempts to the support team within the platform. 

  5.3 Fraud: Good Gain hereby states that it does not tolerate under any circumstances fraudulent behavior, cheating or the attempt to cheat, dishonesty or improper conduct when using our services. Good Gain, through its fraud department, will act with rigor and energy in punishing the user involved in any wrongful act or its mere attempt. The success or failure of the fraudulent practice does not justify or testify in favor of the user. Practices include, but are not limited to, the competition environment. Any attempt to pay with a stolen credit card, evidence of money laundering or misuse of your user account will be punished with the appropriate measures on and off the platform. Good Gain may report illegal practices to the authorities, cooperate with investigations and provide all information under our responsibility and take legal action against the user if we so wish.

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6. Violation of the Agreement

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Breach of any part of this term or its entirety by the user shall be considered a breach of the agreement. You agree to indemnify, defend and hold harmless Good Gain, its shareholders, officers and employees against claims, liabilities, losses, damages, costs and expenses, including the expense of attorneys' fees and any other charges that may arise out of:

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- Breach or violation by you of all or any part of this agreement;

- Violation by you of the laws or rights of any third party;

- Violation by you of laws within the jurisdiction of your country of residence.

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7. Security and Account

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You may have only one account to use any of our services. The creation of additional accounts is prohibited and will be considered a violation of this agreement, and if Good Gain becomes aware of the opening of other accounts, even in the name of family members, we reserve the right to delete all accounts, including the main and oldest account, without prior notice and confiscate any amounts available in the accounts.

You are solely responsible for choosing your password and you agree to do so in a secure, confidential manner that preserves the security of your account.

It is the user's unrestricted responsibility to keep his access data secret and confidential and to do everything possible to protect its confidentiality. Unauthorized access by third parties is the sole responsibility of the user and access by unknown or unauthorized persons shall be considered as his personal use and, therefore, his responsibility.

It is the user's responsibility to keep up to date regarding the payment deadlines set for each payment method. The user should contact support if he has doubts about the payment time for each payment method available.

Good Gain reserves the right to use electronic payment processors and/or financial institutions that are considered third parties for the purpose of processing payments requested by you and for you.

Time of active and inactive account: an account will be considered inactive after 12 months without use and Good Gain reserves the right to contact the user, if desired, if there is a positive balance in the digital wallet to reverse the payment.

Good Gain reserves the right to close the user's account for any reason, at any time and without prior notice. The balances, if any, will be credited to the user at the time of closure in bank accounts or credit cards registered by the user in our database.

The user may request closure of their account with Good Gain by contacting support via chat within the platform or by email (support@goodgain.gg) at any time. Good Gain will close the account and delete all information related to the user.

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8. Applicable Law

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This term, agreement or any matters related thereto are governed by and construed in accordance with the federal laws of Australia and the state laws of South Australia. You irrevocably agree that, with respect to this Agreement, the courts of South Australia shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this Agreement and any matter arising out of it. You irrevocably waive any right to object to an action brought in the courts of Australia. This clause does not limit Good Gain Gaming Pty Ltd's right to take proceedings against you in any other court of competent jurisdiction or to take proceedings in one or more other jurisdictions. The choice of another statutory provision does not prejudice, affect, or exempt you from the rights that may be granted to you as a consumer under the laws of South Australia.

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  8.1 The English version shall prevail as official in case of any divergence or noise regarding the translated versions of this agreement into any language other than English. This version can be easily found on our website (www.goodgain.gg), as well as requested by e-mail or from the support team within the platform.

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9. Contact us

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For questions about this term, please contact us at legal@goodgain.gg 

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Thanks for reading this term,

Good Gain Gaming Pty Ltd.

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Last Updated: October 21, 2022