TERMS AND CONDITIONS

Game UP! Academy

References to the ‘Website’ hereunder shall be understood to refer to the Website accessible at www.gameupacademy.com

GameUpAcademy OÜ, registry code 17192216, Estonia (hereby referred to as “Game UP! Academy”, „we“ or „us“) is a provider of online training programs, mentoring sessions, hybrid courses and coaching (hereafter referred to as ‘Services’). By accessing the Website, as well as any other linked domain, or subdomain (hereafter referred to as the ‘Website’), or when purchasing or using free of charge any Game UP! Academy’s Services you hereby agree to be legally bound by these Terms and Conditions. The application of these terms shall take effect immediately on your use of the Website. If you do not agree to be legally bound by these terms, you may not access the Website or use the Services.

USER REPRESENTATIONS

By using the Website and/or using Game UP! Academy’s Services, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you will not access the Website or Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Website and Services for any illegal or unauthorized purpose; and (7) your use of the Website or Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate our Services and refuse any and all current or future use of the Game UP! Academy’s Services.

PURCHASE POLICY

By placing an order or making any purchase you confirm you have fully read and accepted our Terms and Conditions and Privacy Notice. In order to make any purchases you will be redirected to a website outside our Website and you must read and follow these external website terms and privacy policies. 

You hereby acknowledge that any purchase is limited for personal use only and it is prohibited to share the access to any other person or entity unless expressly allowed by Game UP! Academy in writing. Game UP! Academy has the right to cancel any purchase and refuse from further provision of services without any refund to you if Game UP! Academy finds evidence that such sharing of single use purchase has occurred. In case provided to you prior to purchase, this applies to any applicable disclaimer, contract, or waiver.

PAYMENTS

Fees are reviewed from time to time at the discretion of Game UP! Academy. Pricing is subject to change without prior notice and current pricing is available on the Website.

Fees are to be paid in advance by Stripe or other provided online method before a session takes place. Game UP! Academy reserves the right to refuse payment by bank transfer or any method not stated on this Website. Any offered engagement or service shall begin only after payment has been cleared and final.  

CANCELLATION POLICY AND REFUNDS

Full payment is required at the time of booking.

The right to withdraw and return a purchase within 14-days does not apply to our Services as it is an online digital content service. This clause of no right to return applies to any jurisdiction where the same or similar return right (reflection period) exception exists.

When purchasing a scheduled trainings, it is your responsibility to ensure you shall be available for the time selected. Purchased consultations and scheduled appointments are final.

Due to limited group size, changes, and cancellations for scheduled live training sessions are not permitted. Any exceptions regarding a requested change or cancellation shall be determined at the sole discretion of the owner, organizer and/or representatives of Game UP! Academy. Any missed appointments will be charged in full. In this regard, you are responsible for participating on the booked appointment and if no cancellation is done before the appointment, it will be charged by Game UP! Academy as agreed.  

If you wish to cancel a booking for a live session which is part of hybrid trainings (online content + live training), there is no possibility of rescheduling such a live session and refunds of cancelled live sessions are not provided.

If you wish to cancel a booking for a live training session, cancellations shall only be considered one calendar month in advance. In case such cancellation is made less than one month in advance, the sessions shall be charged at 50% of the total price. If the booked sessions are cancelled less than 14 days in advance, please note that Game UP! Academy will not be able to provide any refunds and 100% of the total amount shall be charged.

On certain occasions, a session may be cancelled by Game UP! Academy at short notice due to unforeseen circumstances. In these cases, it may be necessary to re-schedule or rearrange a session. This will always be done with due consideration and having provided as much notice as is possible and practicable. Game UP! Academy will provide maximum of three possible re-scheduling or rearrange time slots depending on the occasion. In these cases, it shall not be possible to bring a claim for compensation against Game UP! Academy, its owner or representatives to settle any third-party replacement fees, including where such third parties have provided a service or training which may be deemed equivalent or similar to that previously scheduled.

When applicable according to law, we offer refunds within a 14-day period. This shall not apply to immediately accessible digital content or scheduled live training sessions. After this date, purchases, courses and memberships are non-refundable. Refunds will be processed, whenever possible, within a maximum of thirty (30) days.

In cases of unforeseen circumstances, refunds or partial refunds may be considered in Game UP! Academy’s sole discretion. In these cases, it is your responsibility to explain your situation. Due to the nature of the services, scheduling and time restraints, there can be no guarantee that any refund will be provided.

PERSONAL INFORMATION

Usage of your personal information is governed by the Game UP! Academy’s Privacy Notice, accessible at www.gameupacademy.eu. You are expected to consult this document in its entirety and the content therein is considered to form part of these Terms and Conditions.

We use Zoom, Discord and Google online environments to facilitate our Services. These third-party services may require use of some personal information. You can learn more details of how this information is used by visiting their websites and reading their privacy policies.

Such third-party platforms may be changed from time to time. It is up to you to regularly update yourself with the respective privacy policy of whichever platform may be in use. You may at any time inquire as to which software platform is currently in use if this is not clear.

Game UP! Academy declares that it does not sell personal data to any third party.

LIMITATION OF LIABILITY, AND WARRANTIES

The Website and any content herein is strictly provided on an “as is” basis, and Game UP! Academy disclaims to the fullest extent permitted by law all express, implied, and statutory warranties. Through accessing the Website you hereby declare that, for all intents and purposes, Game UP! Academy shall not be held liable under any law of tort or contract for the validity, accuracy, or efficacy of any information provided through its Services. Game UP! Academy shall not give you any guarantee to learning outcome and shall not be liable of your ability and willingness to acquire provided information and knowledge. Neither Game UP! Academy, its partners, its affiliates nor any of their respective employees, agents, or third-party content providers warrant that the Website, any online course or other accessible content will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of such information. You hereby declare to fully understand and accept that Game UP! Academy provides no implied warranties of fitness for a particular purpose, the fitness in practice of provided information or that access to the Website will be uninterrupted, error-free or free of viruses, phishing or other cyber-security threat.

You understand, acknowledge, and agree that your use of the Website, and any content, Services or other information or materials, is solely at your own discretion and risk and that you will be solely responsible for any direct or indirect liability that may arise. You act entirely on your sole risk when applying the knowledge, information and consultation obtained through Game UP! Academy’s Services. This includes claims for damages, losses, financial or otherwise, connected in any way to your use of the Website, provided knowledge or any other communication, representation, content, Services, or information linked to Gameup. This shall at all times include claims related to any courses, presentations or digital downloads, whether this access is time-limited or on an ongoing basis. 

You hereby expressly disclaim and release and waive any direct or indirect liability, claims, damages, losses, costs, or expenses, relating to the above.

INTELLECTUAL PROPERTY RIGHTS

The unregistered and registered trademarks, logos, and text of this Website are the sole property of the Website owner and may not be copied or used without consent of Game UP! Academy and its authorized representatives.

The entire contents of the Website, all Website information, graphics, sounds, videos, etc. contained on the Website are owned or licensed under exclusive rights of use by Game UP! Academy except where stated.

You may use the Website for personal and lawful use and in accordance with these terms and you may not copy or use any digital property from the Website for any commercial purpose.

The intellectual property rights in all contents of the Website and supplied as part of the products and/or services are owned by Game UP! Academy. You must not use the Game UP! Academy’s brand, logo or marks without written permission.

You are also strictly prohibited to replicate the contents or material received, whether digital or otherwise, in any paper or electronic format whatsoever. All contents and educational material are exclusive copyright and ownership of Game UP! Academy and its lawful representatives or business partners. Should you wish to replicate or reproduce any information or material received, you may do so solely with the exclusive written consent of Game UP! Academy and with due and complete reference thereto. Every provided instance of consent shall appertain exclusively to the same instance whereby it is given and shall in no event extend to a future waiver or admission of consent to replicate or reproduce any material other than that which is expressly provided for.

Game UP! Academy reserves the right to disclose any information as required by law and remove any information as necessary to prevent any breach of these Terms and Conditions or law.

In case of you breaching of the rules of intellectual property rights mentioned there, Game UP! Academy is entitled to:

  1. send written notice for the infringement and demand to stop such violation immediately;

  2. demand the financial amount as it is unearned income;

  3. demand other fines and sanctions provided under the law.

Game UP! Academy is entitled to enforce above mentioned right together or individually under its discretion.

You shall indemnify Game UP! Academy and hold it harmless against damages (including costs) which may be awarded in respect of any use of the intellectual property content by third parties and provide Game UP! Academy with such facts if there are any.

TERMINATION OF SERVICES

Game UP! Academy may suspend the operation of the Website for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Website from time to time. Access to or use of the Website or any websites linked to it will not necessarily be uninterrupted or error-free.

Game UP! Academy may terminate any provided Services immediately in the event you breach these Terms and Conditions or in the event of any unpaid, overdue, or outstanding sums due to Game UP! Academy.

In addition, Game UP! Academy reserves the right to immediately remove or suspend any user from a course, training session, or associated communication platform (including, but not limited to, the official Game UP! Academy Discord server) in cases of inappropriate behavior, harassment, spamming, or any other conduct deemed disruptive or harmful to the learning environment.

Users are expected to act respectfully toward mentors, fellow students, and staff—both during learning sessions and within community platforms. Inappropriate language, discriminatory remarks, aggressive communication, unsolicited promotion (spam), or violations of community guidelines may result in immediate removal without refund. Game UP! Academy retains full discretion to evaluate such cases and take appropriate action to maintain a safe, inclusive, and professional learning environment.

CHANGES TO THESE TERMS

Game UP! Academy reserves the right to change these Terms and Conditions from time to time. By browsing the Website you are accepting that you are bound by the current terms. You should check these each time you revisit the Website. These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. You hereby understand that Game UP! Academy is in no way obliged to give you prior or subsequent notice of any additions or modifications to these Terms and Conditions or any and all text and content on the Website, and you must therefore assume full responsibility to regularly check and keep yourself updated accordingly.

REVIEWS AND TESTIMONIALS

Any testimonials or reviews accessed via the Website, any social media presence or through any communication or platform whatsoever is used for illustration purposes only. The reviews are unique, unsolicited and are not intended to warrant or guarantee that current or future clients will achieve similar results.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed and interpreted in accordance with Estonian law, and you consent to the non-exclusive jurisdiction of the Estonian courts.

MISCELLANEOUS

If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered amended and/or reworded to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Game UP! Academy relating to the subject matter it contains. This agreement may be modified only by posting of changes to these Terms and Conditions, or by a writing signed by both parties. Any queries concerning these Terms and Conditions of use should be sent to enquiries e-mail below.

ENQUIRIES

If you have any enquiries or complaints, please email maret@gameupacademy.eu.