Terms of Service

Welcome to StackedGame

StackedGame is a Community Marketplace Platform dedicated to gaming downloads, services and related content.

Throughout these Terms of Service we use “we”, “us” and “our” to refer to StackedGame. We also use certain capitalized terms, which are defined at the end of these Terms of Service.

1. Your Acceptance

These Terms of Service apply to all users of the “StackedGame Platform”. This includes the StackedGame.com website and its related sub-domains including community.stackedgame.com, events.stackedgame.com and help.stackedgame.com as well as the related StackedGame Discord server.

By visiting our Platform and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, registered users, buyers, sellers, administrators, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using any part of it, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any Services.

Where these Terms grant StackedGame discretion or the right to make a determination, such discretion will be exercised reasonably and in good faith, having regard to the purpose of the relevant provision and the legitimate interests of the Platform and its Users.

Privacy Policy

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use the Service. By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy and any applicable Privacy Notices, which are expressly incorporated herein. Before using this Platform, please carefully review our Privacy Policy.

To the extent there are inconsistencies between these Terms of Service and our Privacy Policy, these Terms of Service take precedence.

2. Who may use the Service

This Platform is for users who have either reached the age of “majority” or “legal responsibility” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf.

If you do not know whether you have reached the age of majority or “legal responsibility” where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Platform or its Services, including purchases.

If you are using the Platform on behalf of your employer or a business entity, you in your individual capacity represent that you are authorized to act on behalf of your employer or the business entity and to bind the entity to these Terms.

3. How the Marketplace works

StackedGame provides a Community Marketplace Platform for Sellers to share content and sell items (“Items” or “Marketplace Items”) in a marketplace dedicated to gaming.

Sellers can upload and manage a range of Item Types and related User Content on the Platform. These Items are published in the marketplace and are available for Buyers to purchase based on the marketplace listing and detailed description on the item page.

StackedGame acts solely as an online marketplace intermediary and limited payment collection agent for Sellers and is not a party to contracts formed between Buyers and Sellers. StackedGame does not supply, provide, or deliver Marketplace Items and does not supervise or control how Sellers perform their services. Contracts for Marketplace Items are formed directly between Buyers and Sellers.

There are 3 basic Item types: downloads; sessions and services. Sellers can also combine these to offer “combination” or “combo” type items for added value. For example, selling a session that includes a downloadable item.

In addition to the Marketplace Items, Sellers can also upload a range of User Content. Sellers can upload game guides and related gaming articles with links to Sellers Marketplace Items. Sellers can also upload and promote gaming events on the site’s gaming events catalogue. Question & Answers (Q & A) community forums are also available for our users to interact to help solve gaming related issues and questions.

Our aim is to create an enjoyable experience for all our Users, making it easy for them to get the help they’re looking for to take their game to the next level. In addition, we aim to provide a platform where our Sellers are able provide helpful, good quality Items and maximize their earnings from their skills and experience.

Please note that StackedGame.com does not provide protection for users who interact outside of the StackedGame.com platform. StackedGame.com provides a messaging system for direct messages between users. Users are not permitted to request or provide any contact information e.g. email addresses, direct message usernames, phone numbers, etc. to communicate outside of StackedGame.com.

4. Buyers

A Buyer is a User that has successfully completed the purchase of a marketplace item.

Although unregistered “guest” users are also able to make purchases in the marketplace, a number of Platform features are only available to registered users. For example, guest users do not have access to a user dashboard, cannot post comments and have limited posting ability in Q & A forums. We therefore encourage all our users to signup – registration is also free.

Buyer Registration & User Accounts

• To register to have a User Account on StackedGame you need to complete a very basic Sign-up form that requires you to choose a username, and secure password and enter you email address;
• Once registered and logged-in you will able to access your Customer Dashboard, upload an Avatar and complete your Profile;
• You may only have one User Account on the Platform which you can use as a Buyer or Seller (when registered and approved as a Seller);
• You agree to provide accurate, current and complete information during the registration and profile update process and regularly update this information to keep it accurate and complete;
• Your User Account is personal and you must not transfer it to others, except with our written permission;
• You are responsible for keeping your User Account details and your username and password confidential and you will be liable for all activity on your account, including purchases made using your account. You agree to immediately notify us of any unauthorized use of your User Account;
• If you provide us with any information which indicates you are not a fit and proper person to be provided with a User Account, we may refuse to provide or suspend your User Account where we reasonably believe you have breached these Terms or pose a risk to the Platform or other Users;
• Buyers may not engage in any action that aims to facilitate or complete transactions outside of StackedGame – for example, offering payments to Sellers using payment systems outside of the StackedGame.com platform;

5. Sellers

A Seller is a registered User that is able to upload, manage and sell Items in the StackedGame marketplace. In addition to Items, Sellers can also upload and manage a range of related User Content including Game Guides, Articles and Events.

Seller accounts are subject to the same terms as Buyers Accounts (see Buyer Registration & Account) with some additional terms.

Seller Registration & Account

• To register as a Seller on StackedGame you need to submit a Seller Sign-up Application form that requires some additional information to the Buyer registration form;
• We review all Seller Sign-up Applications and approval is determined by us acting reasonably and in accordance with these Terms. We provide feedback on the application via email to the email address submitted on the application form;
• Seller-signup applications can be submitted by either new unregistered users or existing Buyers. Where existing buyers apply and are approved, their existing account is updated to a Seller’s account;
• You agree to where requested, confirm your identity and profile, so we can verify you as a legitimate Seller. Verification may involve contacting you via third-party services (including Discord). Your use of those services is subject to their terms and privacy practices. Our handling of personal information in connection with verification is described in our Privacy Policy. Failure to complete this verification process (where requested) is a violation of these Terms of Service and will lead to the immediate suspension of your account;
• Once registered and approved, you will be able to access your Seller Dashboard, complete the rest of your Profile and start uploading Items and User Content;
• Approval of a Seller on the Platform is not an endorsement or recommendation of a Seller or their Marketplace Items. You are responsible for making your own inquiries as to the suitability of a Seller and their Items.
• StackedGame does not independently verify the qualifications, rankings, credentials, experience, or representations made by Sellers unless expressly stated on the Platform.

 Additional Seller Terms

• Sellers may not do anything that will adversely impact the reputation or goodwill of StackedGame;
• Sellers may not promote their Items in a way that negatively impacts other Sellers or our relationships with other sellers;
• Sellers may not promote or include any reference to any other business or website in their Marketplace Items or User Content;
• Sellers may not engage in any action with users on StackedGame that aims to facilitate or complete transactions outside of StackedGame;
• Sellers may not share or request direct contact information prior to completing a sale. This includes for example: email address, social media IDs, messenger platform usernames, external website addresses etc.;
• Sellers may not use contact information obtained through a StackedGame transactions to offer to buy or sell items outside of StackedGame;
• Sellers are responsible for paying any direct or indirect taxes, including GST or others which they may be required to do depending on where they live. Sellers warrant that at all times they meet their tax obligations that apply in their jurisdiction;
• Sellers are solely responsible for obtaining their own insurance to cover any risk associated with their activities on the Platform. StackedGame does not offer any cover on behalf of Sellers.

Seller Levels

We reward our Sellers for providing good quality Items and high-levels of buyer satisfaction. Our Level Rating System approves new Sellers at the “Bronze” level and thereafter levels are updated by us acting reasonably and in accordance with the criteria set out in these Terms based on achievements below. (see Section 8 – Marketplace Fees)

1. Bronze Level (entry level after signup)

Level Benefits:

• Marketplace Fee: 12% + 30c per transaction
• 10 active Marketplace Item maximum

2. Silver Level

Level Requirements:

• Total Net Sales – over $5000
• Average Items Rating – at least 4 stars
• On-Time Delivery – 90% (for Service Orders)

Level Perks:

• Marketplace Fee: 11% + 30c per transaction
• 20 active Marketplace Item maximum

3. Gold Level

• Total Net Sales – over $25,000
• Average Items Rating – at least 4 stars
• On-Time Delivery – 90% (for Service Orders)

Level Perks:

• Marketplace Fee: 10% + 30c per transaction
• 50 active Marketplace Item maximum

Seller Level Review

We reserve the right to review Seller’s levels where the minimum level requirements are not maintained.  In addition, Sellers with Terms of Service violations, excessive returns and refunds, or excessive order cancellations may have their account level reviewed.  The Review is conducted by us acting reasonably and in accordance with these Terms and may lead to a downgrade of your Seller’s level.  Sellers will be notified of the Review and its outcome via email. We also reserve the right to make changes to these Levels, their Level Perks and introduce additional levels.

Marketplace Fee Promotions

We may offer Marketplace Fee promotions from time to time, and your participation in these may also be subject to additional terms as defined in the promotion. To the extent additional terms affect your use of the Service, those terms (including, but not limited to, the Terms and Privacy Policy noted above) are hereby incorporated by reference into these Terms. We may end these Promotions acting reasonably and in accordance with these Terms.

6. Marketplace Items

StackedGame provides a Platform for Sellers to upload and manage Marketplace Items that they either own or have the necessary rights to sell.  Marketplace Items are supplied by Sellers, not StackedGame. To the extent permitted by law, StackedGame does not make warranties about Marketplace Items. Nothing in these Terms limits any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

Seller’s Marketplace Items

By offering an Item in the Marketplace, you the Seller undertake that:

• the item is accurately described on the marketplace listing and item pages;
• the item and its description are not false, inaccurate, misleading or fraudulent;
• the item (and its content) is not unlawful in any of the countries (globally) where StackedGame is available;
• Sellers are solely responsible for ensuring that their Marketplace Items, including in-game items, virtual currency, boosting services, or account access, do not violate the terms of service, end-user license agreements, rules, or policies of any game publisher, platform provider, or third party.
• Buyers acknowledge that the use, transfer, or acquisition of certain in-game items or accounts may be restricted or prohibited by the relevant game publisher. StackedGame is not responsible for any suspension, restriction, termination, rollback, or loss of access imposed by a game publisher or platform provider resulting from the use or delivery of a Marketplace Item.
• Sellers are responsible for ensuring that their Marketplace Items do not violate the terms of service, end-user license agreements, or policies of any game publisher, platform provider, or third party. StackedGame is not responsible for any account suspension, restriction, or loss of access resulting from a Buyer’s or Seller’s use of a Marketplace Item.
• the item (and its content) does not infringe on any intellectual property rights or copyrights, or violate the rights or terms of any third-party, or otherwise injurious to any third party;
• the item and its description are not spam, harmful, obscene, abusive, threatening, defamatory or discriminatory;
• you have the necessary permissions, rights and/or licenses to provide and sell the Item;
• the item does not contain any malware or virus (including any computer program or code that can disrupt the operation of software, hardware or systems, or cause file deletions, file
  modifications or other effects that are not part of the functionality of software, hardware or systems);
• the item does not promote, provide links or share contact information (this includes for example, email addresses, messaging platform username etc.) for users to communicate or purchase items off StackedGame.com, or to purchase items on other sites and platforms;
• you have the necessary skills and capability to sell the Item;
• you undertake to honor any specific terms you are offering related with the item;
• For Service and Session items, the Seller must clearly define the scope of services, deliverables, inclusions, exclusions, timeframes, and any measurable outcomes (if applicable) in the Item description. Vague or undefined performance expectations may result in disputes being resolved based on the written scope of the listing;
• Where a Marketplace Item involves access to or transfer of a game account, the Seller represents that they have the legal right to transfer such access. Buyers acknowledge that many game publishers restrict or prohibit account transfers and assume the risk of any publisher enforcement action.
• For Marketplace Items involving game accounts, the Seller warrants that they will not attempt to recover, reclaim, access, or interfere with the account after delivery. Any such action constitutes serious misconduct and may result in permanent account suspension and recovery of paid earnings.

Marketplace Item Suspension and Removal

We may suspend, restrict visibility of, or remove a Marketplace Item where we reasonably believe the Item or its listing breaches these Terms, the Community Guidelines, applicable law, or creates a material risk to Users or the Platform. If a listing includes prohibited third-party contact information or external links, it will be moderated and such information removed to protect the integrity of the Platform. Items with excessive returns and refunds, excessive cancellations, or consistently low Buyer ratings may also be suspended. These suspensions may be temporary or permanent depending on the details of the violation or Item’s performance.

Marketplace Minimum Item Price

StackedGame has a minimum Item price of $3 in the marketplace in order to cover Seller’s earnings, transaction and payment processing fees. Free ($0) priced items are also allowed.

7. Purchases, Payment, Order Delivery and Taxes

Purchases

• Users purchase Marketplace Items by: clicking on the Item’s “Add to Cart” button; clicking on the checkout button and progressing to the checkout page; and completing the checkout form; and completing the order payment process.
• The purchase is made once payment has been successfully completed and the Buyers are returned to StackedGame’s Purchase Confirmation or Service Order page. The pages provide the confirmed order number and a summary of the order information.
• The Purchase Confirmation or Service Order page also includes relevant links to progress the order depending on the Item Type (see section 7 – Order Delivery).
• An Order Confirmation email is also sent to the Buyer’s email address once payment has been successfully completed. The email also contains relevant links to progress the order depending on the Item Type (see section 7 – Order Delivery).
• The Purchase Order Confirmation page and email as well as the Buyers Dashboard also includes a link to download a PDF copy of the Purchase Invoice as needed.
• The Item (either Download, Session, Service or combination of these) is purchased with specific licensing and ownership terms as described in section 17 – Licensing and Ownership.

Marketplace Taxes 

• Buyers and Sellers are solely responsible for complying with all tax requirements applicable to them, and collecting and/or paying any applicable taxes for any purchases or sales you make using our service. Responsibility includes withholding tax if it applies, unless we already process that withholding tax.
• In jurisdictions where StackedGame is required to collect or remit tax (for example, Australia), we will:
  • display the GST sales tax amount at checkout, once the Buyer’s order and address (used for tax purposes) are confirmed, and include the GST tax in the order total paid by the Buyer;
  • collect the GST sales tax amount and remit it to the relevant authority.
• As a Seller, you acknowledge and agree where we have an obligation to collect tax on purchases.

Item Price & Currency

• Item Prices are inclusive of GST sales tax amount where relevant (see – section 7 Marketplace Taxes). Where calculated the GST tax amount is shown as a separate line item at checkout.
• Marketplace Items can have multiple Item Options (displayed on the Item page). These options are variation that may have a different price, features and purchase terms.
• Marketplace Currency – all prices on the Platform are in US dollars ($).
• Any refunds or order cancellations are processed in US dollars ($) and are subject to exchange rates at the time of refund/cancellation.

Payment for Purchases

• By using any payment method and/or providing payment details for making purchases on StackedGame, you represent and warrant that:
  • you agree that all information you provide in connection with a purchase is accurate, complete, and current;
  • you are legally authorized to provide such information;
  • you are legally authorized or have permission to make payments using the payment method(s) you provided;
  • if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments; and
  • such actions do not violate any applicable law.
• StackedGame uses a Payment Processor (PayPal) to collect payments from Buyers. Supported payment methods include PayPal and credit card (processed by the Payment Processor).  Payment information used by the Payment Processor is subject to their privacy policy.
• Buyers shall not offer to make payments outside of the payment systems offered on StackedGame. If you are asked to use an alternative payment method, please report it immediately via the Support Center.

Order Delivery

• Once payment is successfully completed Buyers can progress their order delivery from either the Purchase Confirmation page, the Service Order page, the Order Confirmation email, or from their Customer Dashboard. The order delivery steps are Item Type specific:
  • Downloads – the item can be downloaded by clicking on the links provided in the Order Confirmation email, Purchase Confirmation page or from the Buyers Customer Dashboard (from Purchases > Downloads).
  • Sessions – a Session Service Order is created after purchasing a session and includes the session details, as well a mechanism for the Buyer to Confirm Delivery once the session has been conducted. The session details are also available in the Order Confirmation email, Purchase Confirmation page, and from the Buyer’s Dashboard – under Sessions.
  • Services – a Service Order is created after purchase completion and includes the details of the service to be delivered, as well a mechanism for the Buyer and Seller to interact to deliver the Service Order through to delivery and completion. The Service Order also provides mechanism for the Buyer to Confirm Delivery once the service has been delivered. The service details are also available in the Order Confirmation email, Purchase Confirmation page, and from the Buyer’s Dashboard – under Services.
  • “Combination” Items – combination items combine item types for added value. For example, selling a Session that also includes a downloadable item.  These items are delivered using the relevant combination of the above based on the item.

Sessions (Online Bookable Calls)

Session Items have the following additional Terms defined:

• Sessions are time-based services. Sellers agree to provide their time, skill, and reasonable professional effort as described in the Item listing. Unless expressly and clearly stated in writing in the Item listing, Sessions do not guarantee specific performance outcomes, rankings, in-game results, win rates, skill improvements, or measurable achievements.
• Buyers acknowledge that successful completion of a Session may require their active participation, cooperation, and provision of accurate information. StackedGame is not responsible for outcomes affected by a Buyer’s failure to participate, attend, or provide necessary information.
• Coaching services offered through the Platform are provided for general gaming skill development and entertainment purposes only and do not constitute professional, psychological, therapeutic, medical, financial, or legal advice. Sellers are not acting as licensed professionals unless expressly stated and independently verified.
• Conducting a Session detailed instructions are included in the Session Service Order – that’s opened after completing the checkout payment. These instructions include how to connect with the Seller and how to update the order once the call has been conducted.
• Buyers are expected to update the Session Delivery Confirmation within 24 hours of the session’s scheduled time and date slot – to confirm the session has been conducted. This acceptance feedback is done using the ‘Confirm Service Order Delivered?‘ checkbox and making it either Yes or No. It should be highlighted that this Delivery Confirmation acceptance is final, marking the order as complete and cannot be reversed. For Session and Services items this confirmation is used as the trigger to update the Seller’s earnings due for payment.
• If the session has not taken place or if there has a delivery issue – the Buyer must update the Session Service Order as ‘Confirm Service Order Delivered?’ checkbox making it ‘No’ and send the Seller a message (on the Service Order Chat page) to either reschedule the session or address the session delivery issue.
• Buyers and Sellers are encouraged to try settle disputes between themselves first. If this fails or if either party believes there has been a violation of the Terms of Service, then either party can contact the Support Center and raise a ticket in the category “Order Dispute”.
• Sessions are conducted directly between Buyers and Sellers. StackedGame does not monitor live communications, calls, gameplay interactions, or shared screens unless expressly stated. Participants are responsible for complying with applicable laws and platform conduct standards during Sessions. Participants must ensure that Session conduct complies with applicable laws, including laws relating to harassment, and discrimination.
• StackedGame does not verify the qualifications, credentials, skill level, or representations made by Sellers unless expressly stated on the Platform.
• If the Session Service Order is not updated by the Buyer within 24 hours of the session date/time – the order is automatically updated to completed. This is done to avoid unreasonable delays in processing Seller’s earning payments after the delivery of session services. This automatic completion is an administrative mechanism for platform processing only and does not limit any rights available under applicable consumer protection law.
• Rescheduling call sessions – Buyers can reschedule their session from their dashboard. Rescheduling must be done at least 24 hours before the scheduled session time and date.
• Buyers wanting to reschedule a session can go to Sessions > Reschedule and select an available slot in the Seller’s calendar.
• Sellers wanting to reschedule a session must use the Request Reschedule button in the Seller’s Dashboard (under Sessions > Reschedule). This request sends a message to the Buyer who will then either respond to the request and/or reschedule the session to another requested date and time.

Services (Online Service Order Delivery)

Service Items have the following additional Terms defined:

• Sellers must deliver the Service as defined in the marketplace listing and Item pages.
• Late and/or incomplete service item delivery may result in Buyers logging refund and cancellation requests – that may result in the order being cancelled and refunded (see Section 12 – Refunds & Order Cancellations).
• Sellers can update the planned “Delivery Date” on the Service Order but this must be done in consultation and with the agreement of the Buyer.
• Service Orders are delivered using the Service Order page by the Seller sending a message to the Buyer and checking the “Ask Buyer to Confirm Service Order Delivered?” checkbox. This message would also include any service order delivery attachments. The Buyer reviews the delivery and accepts or rejects it based on how accurately it has been delivered (referencing the description on the Item page). This acceptance feedback is done using the ‘Confirm Service Order Delivered?‘ checkbox and making it either Yes or No. It should be highlighted that this Delivery Confirmation acceptance is final, marking the order as complete and cannot be reversed. For Session and Services items this confirmation is used as the trigger to update the Seller’s earnings due for payment.
• Orders awaiting ‘Confirm Service Order Delivered?’ review for more than 3 days without any feedback from Buyers will be marked as accepted and complete. This automatic completion is an administrative mechanism for platform processing only and does not limit any rights available under applicable consumer protection law.
• Buyers and Sellers are encouraged to try settle disputes between themselves first. If this fails or if either party believes there has been a violation of the Terms of Service, then either party can contact the Support Center and raise a ticket in the category “Order Dispute”.

8. Seller Earnings & Marketplace Fees

Item Price & Seller Earnings

• Item Price – is the $ price set by the Seller for an Item when it’s uploaded to the marketplace. Important Note: StackedGame has a minimum marketplace Item Price of $3 to ensure items are viable and able to cover Seller’s earnings, and the marketplace transaction and payment processing fees applied.
• Sellers Earnings % – the percentage the Seller will earn from the sale of their Items in the marketplace. This % excludes the 30c per Selling Transaction Fee. The Seller Earnings % is based on the Seller’s Level (see Section 5 – Seller Levels).
• Selling Transaction Fee – a fixed transaction fee of 30c applied to each transaction on the platform to cover payment processing fees.
• Marketplace Fee – StackedGame’s Marketplace Fee includes a 30c Selling Transaction Fee and a percentage of the Item’s price.
• Sale Taxes % – in jurisdictions where StackedGame has an obligation to collect tax on purchases (currently Australia), we calculate and collect GST to remit to the relevant authority.
• Seller Earnings – is calculated as a percentage (based on the Seller’s Earnings % of the “Net” Sales Price) less a transaction fee of 30c per transaction. The “Net” amount is calculated after the deduction of applicable sales taxes (see section 7 – Taxes) – as per the example below.
• Seller’s Total Sales – the total of a Seller’s sales in a particular period – for example in a fortnightly period.
• Item Returns and Order Cancellations – if there are any refunds or cancellations in the period, these would be deducted from your Sales Total – and any Earnings accumulated for these would be reversed. The adjustment is made first and then the Seller’s Earning are calculated as a % of this adjusted Sales Total.

Example 1 – Single Download Item (with no returns or adjustments)

Item Price = $10

Sales Tax = 10% = $0.91 (where calculated – see section 7 Taxes )

Net Sales Price = $9.09

Selling Transaction Fee = $ 0.30

Seller Earnings = $9.09 (Net Sales Price) * 90% (Bronze Level) – $ 0.30 = $ 7.88

Marketplace Fee = $9.09 (Net Sales Price) * 10% + $0.30 (Selling Transaction Fee) = $1.21

Example 2 – Total Sales & Earnings (with no returns or adjustments)

Item Price = $10

Number of Sales = 10

Number of Sales GST Relevant = 10

Total Sales = $10 x 10 = $100 (in a fortnightly period)

Total Sales Tax =  $0.91 x 10 (10% GST applicable)  = $9.10

Net Sales Total = $100 – $9.10 = $90.90

Selling Transaction Fee = $0.30 *10 = $3.00

Seller Earnings (for period) = 90% * $90.90 (Net Sales Total) – $3.00 = $78.81

Marketplace Fee = $90.90 (Net Sales Total) * 10% + $3.00 (Selling Transaction Fee) = $12.09

Example 3 – Sellers Sales Calculation (adjusted for returns or cancellations)

Total Sales Amount for period = $450

Less: Returns & Cancellations = $30

Correct Total Sales Amount = $420

Seller Earnings Payments

• Sellers can check their Sales and Earnings using the Sales & Earnings Reports & Charts – available from their Seller’s Dashboard. These provide per period summaries and include:
  • Sale Date (or Order Date) – the date the Sales Order was placed by the Buyer.
  • Earned Date – dates are either Planned or Actual Earned Dates. All Earned Dates for Downloads are Actual Earned Dates – as the download link is made available immediately after purchase. Planned Earned Dates are included for Session and Service item orders – where delivery is planned to take place at a future date. These planned earnings are not yet earned by the Seller (as delivery has not taken place) but are included in the Earnings Table for visibility. These Planned Earnings are marked as status ‘Pending’ and are not due for payment to the Seller until the Buyer confirms delivery – at which stage they are updated to ‘Earned’ status (and the ‘Pending’ status is replaced by an amount in the Earnings column).
    • Downloads – the Earned Date is the same as the Order Date (the date of purchase).
    • Session – the planned Earned Date is based on the Session Date (session planned at a future date) and the actual Earned Date is based on the Session’s Service Order Delivery Confirmation by the Buyer.
    • Services – the planned Earned Date is based on the Delivery Due Date (service delivery planned at a future date) and the actual Earned Date is based on the Service Order Delivery Confirmation by the Buyer.
    • “Combination” Items – is the date the latest part of the order will be delivered. For example, if a service is delivered after a call – then the planned Earned Date will be the service delivery date not the session date.
  • Order Details – the Earnings Table also lists the associated order details that includes: Payment and Order Reference Numbers, Customer, Items, Earnings Rate %, and Earnings Amounts.
  • Earnings Payment Status – status showing if the Earning Payment has been paid for that order.
• Seller Earnings Payments – earnings become payable after a 7-day ‘buffer’ period (Earned Date + 7 days) – to ensure Seller Earning’s payments are not made before allowing for potential Buyer refund/cancellation requests.
• For Marketplace Items classified as higher-risk categories (including game accounts or virtual asset bundles), StackedGame may apply an extended buffer period of up to 14 days before earnings become payable, acting reasonably and in accordance with these Terms.
• Seller’s Earnings Payments are accumulated and paid fortnightly. All unpaid Seller Earnings up to the last day of the fortnight (generally ending on Sunday midnight UTC) are included in the calculation – accounting for the 7-day ‘buffer’ period and less any adjustments for returns or order cancellations.
• Fortnightly Seller’s earnings payments are processed on the following Tuesday – for the previous fortnight’s earnings. Sellers should also receive an email with the Seller Earnings payment details where they have been paid in the fortnightly payment run.
• Payments are made and should be trackable once payment is made into your nominated Payment Service Providers Account (either Wise or PayPal). Note that it may take some time to reflect in your bank account depending on the Payment Service Provider’s transfer processing time.
• If a Seller’s Earnings have not reached $5 for that period (fortnightly payment threshold), earnings will accumulate until reaching the threshold and will be paid in the following payment cycle. If earnings don’t reach the threshold, Sellers who have earned at least $5 will be paid once per year in the December payment run.
• You agree that StackedGame will deduct the Marketplace Fee, any applicable GST sale tax and adjustments for Refunds or Cancellations from your Total Sales amount, and pay the calculated Net Earnings Payment amount by electronic funds transfer into your nominated Payment Service Provider Account.
• Seller Earnings payments are made into your nominated Payment Service Providers Account (either Wise or PayPal). So it is important that you provide the correct account information to ensure you receive your payment. StackedGame is not responsible for payments made to the wrong account as the result of incorrect information provided.
• Payment Service Providers charge a fee for transferring your earnings into your nominated account.  StackedGame has no control over these fees and you agree to them being deducted by the Payment Service Providers from the Earnings Payment amount StackedGame pays into your account. Details of these should be available from your nominated Payment Service Provider.
• PayPal charges a payment processing of 2% fee of the payment transaction amount. Where the seller has selected PayPal as their Payment Service Provider – this 2% will be deducted before earnings payments and the balance paid to the Seller as earnings for that period.
• Wise payments are paid excluding any Payment Service Provider transfer fee – these fees are deducted from the payment amount by Wise with the remaining amount is sent to the Seller recipient.
• As part of the payment process, Payment Service Providers also process the necessary currency conversions to the Seller’s selected currency. StackedGame uses the Seller’s selected Payment Currency (from the Seller Profile) to determine the target payment currency.
• Payment processors calculate and determine the currency conversion exchange rates and associated currency conversion fees, these fees are deducted from their Seller Earnings when Earnings payments are processed.
• If an action by a Buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
• In the event that StackedGame (via Payment Services Provider) does not make payment to the Seller, the Seller will have recourse only against StackedGame and not the Buyer directly.
• If we reasonably believe that your performance as a Seller results in a significant number of charges back and / or Buyer disputes or if we believe you are in breach of these Terms, we may hold back payments to you until we are satisfied that disputes have been settled and / or the breach rectified.
• For security or fraud prevention purposes, we may temporarily delay Earnings Payments where reasonably necessary to prevent suspected fraudulent, unlawful, or improper activity. This may occur, for example, where there are security concerns, reports of improper behaviour, unusual account activity, or the association of multiple StackedGame accounts with a single Payment Service Provider account.

9. Reviews, Ratings & Seller Feedback

Review ratings and seller feedback (“Reviews”) provide important input for potential Buyers to get an understanding of previous purchaser’s experiences with the Item and/or Seller.  The marketplace therefore caters for a number of reviews and feedback including:

• Items Reviews – these apply to Download and Session items and are submitted and displayed on the Item page;
• Service Item Reviews – these apply to service items and are submitted on the Service Order page and display on the Item page;
• Seller Feedback Reviews – these apply to previous orders and reflect the Buyers experience of the Seller.  These are submitted from the Buyers dashboard and display on the Seller’s pages;
• Customer Reviews – these apply to Service Items and are submitted on the Service Order page but are only displayed on the Seller’s order page when the Buyer places a Service Order with a Seller.

The following terms apply to Reviews, Ratings and Seller Feedback:

• Reviews can only be submitted by Buyers who have purchased the Item;
• Buyers are encouraged to leave reviews, ratings and feedback. Reviews must accurately reflect their experience with the Item and/or Seller – no “artificial” reviews are allowed;
• Any Reviews, Ratings and Feedback that is deemed purposely inaccurate or in violations of the Terms of Service, and/or the Community Guidelines can be reported by visiting the Support Center and logging a ticket in the category “Acceptable Use Violation”;
• Buyers found to be posting purposely inaccurate Reviews or Reviews in violations of the Terms of Service, and/or the Community Standards may have their account suspended or terminated where we reasonably determine that a breach has occurred;
• Buyers may not coerce Sellers into providing additional items, delivery or services by threatening negative reviews;
• Sellers may not review their own items even if they have purchased it;
• Sellers may not withhold any information, delivery or service in an attempt to get positive reviews from Buyers;
• Sellers may not attempt to solicit the removal of reviews or parts thereof;
• Service Order reviews (both by Buyer and Seller) must be completed no later than 7 days after the order is completed;
• Reviews, Ratings and Feedback will not be removed unless found to be purposely inaccurate or there are violations of the Terms of Service and/or the Community Guidelines.

10. Buyer & Seller Protection

StackedGame.com aims for 100% Satisfaction.  To try achieve this the following Buyer and Seller Protection key terms are noted:

• Refunds for Download Items may be requested within 7 days of purchase provided the item has not been downloaded, subject to applicable law.
• Buyer Confirms Delivery on the Service Order (using the Confirm Delivery Checkbox) – for all Session and Service items to complete the order and confirm the release of Seller earnings payment.
• Auto-delivery Confirmation for Sessions (24 hours) and Services (72 hours) – to avoid long delays if no Buyer feedback is received for delivery.
• StackedGame.com Support available for resolution of any issues.
• Transactions conducted outside of stackedgame.com are not eligible for StackedGame’s Buyer & Seller Protection.
• StackedGame does not guarantee that in-game currency, virtual assets, skins, or items will remain available, transferable, or usable within any specific game or platform following delivery. Continued access is subject to the rules and policies of the relevant game publisher.

11. Emails & Notifications

By providing us with your email address, you consent to StackedGame using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

Subject to applicable law, we may also use your email address to send you other messages, such as changes to features of the Platform or Service and special offers (“Newsletters”).

Service-related notices may be sent regardless of marketing preferences. Marketing messages will be sent in accordance with applicable anti-spam laws and will include a clear and functional unsubscribe facility.

We may provide other notifications, including notices required by law or relating to marketing or business matters, by email, “push” mobile notification, written or hard copy notice, or by posting on the Platform, using the method we reasonably consider appropriate in the circumstances and in accordance with applicable law.

We reserve the right to determine the form and means of providing notifications to our Users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to those communications at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting support(at)stackedgame.com.

12. Acceptable Use Restrictions

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to have fake/fraudulent profiles – users must ensure they have updated their profile with accurate information. Fake or fraudulent profiles are not allowed and will be removed;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose;
• accessing any areas of the Site not intended to be publicly available;
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
• reverse engineering, decompiling, disassembling, modifying or attempting to extract the source code of the Site;
• copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
• requesting personal contact information, for example email address, in an attempt to communicate offsite;
• engaging and communicating off the Platform is not protected by these Terms. Sharing information and file exchange must be performed exclusively on the Platform;
• conducting Sessions in a manner that is unlawful, abusive, harassing, discriminatory, threatening, exploitative, or otherwise inappropriate;
• taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as reasonably determined by us;
• uploading User Content that violates our Terms of Service (see section 16 – User Generated Content);
• interfering with the proper working of the Service.

We may suspend, restrict or terminate your account where we reasonably believe you have breached these Conduct and Acceptable Use terms. Any action taken will be proportionate to the nature and seriousness of the breach. Where reasonably practicable, we will provide notice of suspension and an opportunity to respond.

Users must conduct all Sessions in a respectful and lawful manner. Serious misconduct during a Session may result in immediate suspension or termination of the relevant account.

Community Guidelines

We ask that all Users of the Platform participate in such a way that promotes a friendly and positive experience for our community. In addition to the Terms of Service, Users agree to adhere to our Community Guidelines. If you do not agree with the Guidelines you must not use the Service.

Reporting Violations 

Users should report any behaviour and/or content that violates our Terms of Service or Community Guidelines by visiting the Support Center and logging a ticket in the category “Acceptable Use Violation”.

Investigating Violations and Consequences

All Conduct & Acceptable Use Violation reports are investigated and if our Terms are found to have been violated the User will receive a formal warning. Warnings are sent to the users registered email address. If deemed appropriate, the user’s marketplace and forum levels may also be reviewed and potentially downgraded based on the details of the violation.

If a user is found to have a second breach in a one year-period, their user account will be suspended for a three-month period. A third breach in a one-year period will result in the permanent suspension of a user’s account.

The severity of a breach will also be considered. Where we reasonably believe a breach is serious, unlawful, repeated, or poses a material risk to the Platform or other Users, we may permanently suspend or restrict the relevant account, regardless of the number of prior violations.

13. Acceptable Content, Language and Moderation

Users are solely responsible for all content submitted to StackedGame, including listings, titles, descriptions, media, usernames, and communications. All content must comply with platform standards and must not include profanity, excessive swearing, offensive or discriminatory language, sexually explicit material, or any content that is unlawful, harmful, misleading, or otherwise unsuitable for the Platform or its community.

StackedGame may, acting reasonably and in accordance with these Terms, review, edit, restrict or remove content that it reasonably believes violates these standards or negatively impacts the Platform, its Users, or brand integrity. This may include modifying or masking specific words, phrases, or media elements where necessary.

Users acknowledge that:

• StackedGame is not obligated to monitor all content but may take enforcement action where reasonably necessary to maintain platform safety and compliance;
• Moderation decisions may be reviewed on request via the Support Center, however StackedGame is not required to reinstate content; and
• Repeated or serious violations may result in content removal, listing suspension, account restrictions, or termination of access.

By submitting content, users grant StackedGame the right to moderate and manage such content as reasonably required to maintain platform safety, legal compliance, and community standards.

StackedGame will determine whether content complies with these standards acting reasonably and in good faith, and may edit, redact, mask, censor, restrict, or remove content in whole or in part, including without prior notice where reasonably necessary.

14. Refunds & Order Cancellations

Refunds and cancellations are provided in accordance with applicable consumer protection laws, including the Australian Consumer Law (ACL).

Nothing in these Terms limits or excludes any rights or remedies available under applicable consumer protection legislation. Where required by law, refunds, replacements, repairs, or other remedies will be provided.

In addition to statutory rights that cannot be excluded, StackedGame may offer discretionary refunds or cancellations in circumstances set out below.

Orders are generally not refunded or cancelled unless there has been a breach of our Terms of Service; or Australian consumer law or other relevant consumer protection laws requires it; or for specific Item related terms included in this section below.

Subject to applicable consumer protection laws, refunds are generally not available in the following circumstances:

• you have changed your mind since purchasing the item;
• you purchased and downloaded the item by mistake;
• you don’t like the item any more but it is accurately described by the Seller on the Item page;
• the download item has been removed and cannot be downloaded now (you are encouraged to download items immediately after their purchase);
• where an in-game item or benefit has been delivered and subsequently altered, removed, reversed, or restricted by the relevant game publisher, unless required under applicable consumer protection law.
• you don’t like the Service Item that’s been delivered but it matches the description of the service on the Item page;
• you’ve completed the Session you purchased and it was accurately described by the Seller on the Item page;

All refund requests will be reviewed individually to assess the user’s right to claim. Users who excessively request refunds may receive a warning or have their account suspended where we reasonably believe refund requests are being made in bad faith or in breach of these Terms.

All refund and cancellation requests should be made via a support ticket using the Support Center – using the “Refund/Cancellation Request” category.

In addition to the above, the following item specific terms are also considered in assessing refunds and cancellation requests.

Downloads

Subject to any rights available under applicable consumer protection laws, including the ACL, Download Item purchases are generally not refunded or cancelled based on their downloadable nature. However, a refund can be requested if the item has not been downloaded.

All Downloadable Item order refund/cancellation requests must be made within 7 days of the original Purchase Date.

Sessions

Subject to rights that cannot be excluded under applicable law, including the Australian Consumer Law, bookable call Sessions are upfront purchases of the Seller’s time.

For change-of-mind cancellations, refunds are generally available if requested at least 5 days before the scheduled Session date to allow the Seller an opportunity to fill the time-slot.

If the scheduled Session date is within 5 days, the Session may be rescheduled but not cancelled for change-of-mind reasons. Sessions may only be rescheduled up to 24 hours before the scheduled time.

These change-of-mind cancellation timeframes do not limit any rights a Buyer may have under applicable consumer protection laws where a Session is not delivered, is materially different from its description, or otherwise fails to comply with statutory guarantees.

Requests relating to service delivery issues should be submitted as soon as reasonably practicable after the scheduled or actual Session date.

Services

Subject to rights that cannot be excluded under applicable law, including the Australian Consumer Law (ACL), Online Services involve the delivery of customised digital products or services at an agreed price and delivery date.

Refund eligibility will be assessed primarily against the written scope, deliverables, and performance criteria stated in the Item description at the time of purchase.

Where issues arise in delivery, Buyers and Sellers are encouraged to attempt to resolve the matter directly through the Service Order page. If resolution cannot be reached, either party may contact the Support Center for assistance. StackedGame may assist in dispute resolution but is not a party to the underlying contract between Buyer and Seller.

These types of orders require a greater level of co-operation and engagement between Buyers and Sellers to complete them. Where issues are encountered in delivery, we encourage our Buyers and Sellers to try to resolve these between themselves first. If this fails, then users can contact the Support Center.

Change-of-Mind and Contractual Cancellation Rules

For change-of-mind cancellations, Service Orders are generally not eligible for refund once work has commenced, as services are customised and time-based.

Service Orders may be cancelled:

• where Buyer and Seller mutually agree in writing;
• where required by applicable law;
• where permitted under the conditions below.

Service Performance Issues

Service Orders that are delivered in accordance with the Item description and agreed scope are generally not eligible for refund for change-of-mind reasons.

Nothing in this section limits a Buyer’s rights under applicable consumer protection laws where a service:

• is not delivered;
• is materially different from its description;
• is not provided with due care and skill; or
• otherwise fails to comply with statutory guarantees.

In-Progress Service Orders

A refund or cancellation request may be considered where:

• the Seller misses the agreed Delivery Due Date and remains unresponsive for more than 24 hours after the order is late;
• the Seller reschedules the Delivery Due Date without the Buyer’s agreement;
• the Seller fails to deliver the agreed Final Delivery as described on the Item page;
• the Buyer materially changes the agreed scope and attempts to compel additional work without agreement;
• the Seller demands additional payment beyond the agreed Item price to complete the agreed scope;
• either party’s account is suspended and continuation of the Service Order becomes impracticable.

Completed Service Orders

Refund requests relating to completed Service Orders should be submitted as soon as reasonably practicable after the Final Delivery Date.

The 7-day review period is intended for internal dispute management purposes only and does not limit any rights available under applicable consumer protection laws.

Refunds are generally not available where an in-game item, virtual currency, rank, or other digital benefit has been delivered and subsequently altered, removed, reversed, or restricted by the relevant game publisher or platform provider, unless required under applicable consumer protection law.

For the avoidance of doubt, enforcement action taken by a game publisher or platform provider after delivery of a Marketplace Item does not, of itself, entitle a Buyer to a refund, unless required under applicable consumer protection law.

For Marketplace Items involving game accounts, account access, or virtual assets, enforcement action taken by a game publisher or platform provider after delivery, including suspension, restriction, or termination, does not constitute non-delivery or defect of the Marketplace Item, unless required under applicable consumer protection law.

Platform Conduct

Non-permitted use of StackedGame during an order (including unlawful behaviour or misconduct) may result in order cancellation in accordance with these Terms.

Buyers and Sellers must not attempt to manipulate reviews or influence dispute outcomes through unethical conduct.

15. Disputes

Disputes between Users, Buyers and Sellers

Users, Buyers and Sellers are encouraged to attempt to resolve disputes relating to Marketplace Items directly between themselves through cooperative and constructive communication via the relevant Order page.

If resolution cannot be reached, either party may lodge a dispute in writing through the Support Center.

• Order-related disputes (including delivery, scope, quality, refunds or cancellations) must be lodged under the category “Order Dispute.”

• Disputes relating to StackedGame, these Terms, or legal matters must be lodged under the category “Legal Issue/Dispute.”

For internal review purposes, disputes relating to a Marketplace Item should be lodged as soon as reasonably practicable after the issue arises. This internal review timing does not limit or exclude any rights available under applicable consumer protection law.

StackedGame may assist in dispute resolution processes but is not a party to the underlying contract formed between a Buyer and a Seller. The rights and obligations relating to Marketplace Items exist directly between the Buyer and the Seller.

Seller earnings relating to a disputed transaction may be temporarily withheld while the matter is reviewed and will be released or refunded following the outcome of the internal review process and in accordance with these Terms and applicable law.

Release of StackedGame

To the maximum extent permitted by law, if you have a dispute with one or more Users, you acknowledge that StackedGame is not responsible for the conduct of other Users and you release StackedGame from claims arising directly from disputes between Users, except to the extent that the claim arises from StackedGame’s own breach of applicable law.

Disputes with StackedGame

If you have any legal issue or dispute with StackedGame, please contact us first by lodging a ticket in the Support Center under the category “Legal Issue/Dispute.” We will attempt to resolve the matter promptly and in good faith.

If a dispute or claim arises from or relates to these Terms or the Platform, including any question regarding its existence, validity or termination, the parties agree to first attempt to resolve the dispute through good faith discussions.

If the dispute cannot be resolved through good faith discussions, it may be referred to arbitration in accordance with the ACICA Arbitration Rules, with the seat of arbitration in Perth, Australia, and the language of arbitration being English.

If you are a consumer, arbitration will not apply to the extent it would exclude or limit non-excludable rights under applicable consumer protection laws.

This clause does not prevent a consumer from pursuing rights in a court or tribunal where arbitration would be unfair or inconsistent with mandatory consumer protection law.

Nothing in this clause restricts or excludes a party’s right to bring proceedings in a court of competent jurisdiction where required under applicable law, including under the Australian Consumer Law.

Nothing in this clause prevents a consumer from lodging a complaint with a regulator, or pursuing rights and remedies in a court or tribunal where applicable.

Any arbitration or mediation under these Terms will be conducted on an individual basis and not as part of any representative, collective or class proceeding, to the extent permitted by applicable law.

Either party may seek urgent injunctive, equitable or conservatory relief from a court of competent jurisdiction pending final resolution of the dispute.

A party may also bring an eligible claim in a small claims or equivalent tribunal where permitted by law.

If the parties agree to mediation, they may appoint a mediator by agreement or request that the Law Society of Western Australia appoint a mediator. The parties agree to participate in mediation in good faith. Unless otherwise agreed, mediation costs will be shared equally.

This clause survives termination or expiry of these Terms.

Disputes lodged with Payment Agents

Initiating a chargeback or payment dispute may temporarily restrict account functionality while the matter is investigated.

If a Buyer lodges a dispute with a Payment Agent, account functionality may be temporarily restricted while the dispute is investigated.

Once a chargeback or payment dispute is initiated, StackedGame’s ability to process a refund directly may be limited due to obligations to the payment provider.

Chargebacks 

StackedGame reviews payment provider chargebacks and disputes in accordance with payment provider rules. Where permitted, recovered funds may be returned to Sellers. Otherwise, the chargeback amount may be borne by the Seller in accordance with the payment provider’s determination.

16. User Generated Content

User Generated Content (“User Content”) refers to the content added by users as opposed to the content created by the site.  All content uploaded to StackedGame by our users (Buyers and Sellers) is User Content. Marketplace Items are defined as a specific type of User Content.

User Content – Uploading & Posting

You agree that you are solely responsible for all of the User Content that you make available on or through our Platform. StackedGame does not check user uploaded/created User Content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By making this User Content available through the Service, you represent and warrant that:

• the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
• the User Content does not contain or install any malware, viruses or other harmful or destructive content;
• the User Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
• you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by StackedGame or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify and hold StackedGame harmless from any Liability we may suffer, incur or otherwise become liable for, to the extent caused by your breach of these Terms, your unlawful conduct, or your User Content (including any Intellectual Property Breach) made available on or through the Platform.

User Content – User Interaction

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content – License Grant

While you retain all rights, including copyrights, that you own or control your User Content, we do require that users grant certain rights to StackedGame and other users of the Service, as described below.

License to StackedGame – by uploading and posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to StackedGame a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and StackedGame’s business, including without limitation for marketing, promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Other Users – You hereby grant each User of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by features of the Service. This does not grant any rights or permissions for a user to make use of your User Content independent of the Service.

Right to Monetize

You grant StackedGame the right to monetize your User Content on the Service (and such monetization may include displaying advertising). This Agreement does not entitle you to any payments in terms of this Content monetization. 

Removing User Content

You may delete your User Content from the Service at any time.

We may remove, restrict, or disable access to User Content where we reasonably believe it breaches these Terms, the Community Guidelines, applicable law, or poses a risk to the Platform or other Users.

Users should report any behaviour and/or content that violates these Terms by visiting the  Support Center and lodging a ticket under the category “Acceptable Use Violation”.

17. Licensing & Ownership

We own the StackedGame Platform, including its business name, logos, design and systems. We do not own the User Content (including the Marketplace Items) uploaded by Sellers onto the Platform. At no stage does StackedGame take ownership of these uploaded Items or User Content. We do however facilitate the sale transaction that allows the Seller to give the Buyer the associated license or ownership when the Item is purchased and/or delivered.

StackedGame’s marketplace provides Sellers the ability to upload 3 types of Marketplace items: Downloads, Sessions and Services. These options can also be combined to offer “combination” type items for added value.

Based on the different nature of these item types, their ownership and licensing terms are also different. Buyers must ensure they purchase the Item with the correct license based on their intended usage (Personal or Commercial). 

Downloads

When you purchase a Downloadable Item from the marketplace you are buying the right to use that item in accordance with the Seller’s licensing terms. The license defines the specific terms of use for the item – what you can and must not do with the Item.

Two different license types are available for Download Items (Personal and Commercial). Details of these are available on the Licensing Terms page. A “Personal” license is the default license where no license option is defined by the Seller.

Sessions

When you purchase a Session the Buyer is purchasing a set number of “time units” (usually in minutes) on a call with a Seller. So there is not transfer of ownership of this time, however, if the call is recorded – then the ownership and rights to the recording is assigned to the Buyer.

The Buyer is granted all intellectual property rights, including but not limited to, copyright to the recording of the session, and the Seller waives any and all moral rights therein. All transfer and assignment of rights to the buyer is subject to payment for the item, so if order and payment is cancelled for any reason, then these rights are not transferred.

Two different license types are available for Session Call Items (Personal and Business). Details of these are available on the Licensing Terms page. A “Personal” license is the default license where no license option is defined by the Seller.

Online Services

When you purchase an Online Service for a customized Item, on order completion the Buyer receives the delivered item together with the intellectual property rights and copyright to the Item. The Seller agrees to assign all rights, title and interest in and to the delivered work to the Buyer, and the Seller waives any and all moral rights therein. This excludes the transfer of any reusable inputs and tools that the Seller uses in the normal course of delivering that service.

All transfer and assignment of intellectual property to the buyer is subject to payment for the Item, so if order and payment is cancelled for any reason, then these rights are not transferred.

Two different license types are available for Online Service Items (Personal and Commercial). Details of these are available on the Licensing Terms page. A “Personal” license is the default license where no license option is defined by the Seller.

Game Accounts and Virtual Assets

Where a Marketplace Item involves access to, transfer of, or credentials relating to a game account, the Seller represents that they have the legal right to provide such access.

Buyers acknowledge that many game publishers prohibit or restrict account transfers or third-party trading of virtual assets. Buyers assume the risk of any enforcement action taken by the relevant publisher, including account suspension, restriction, or termination.

StackedGame does not guarantee the continued availability, validity, or transferability of any game account or virtual asset following delivery.

StackedGame does not represent, warrant, or guarantee that the listing, sale, or transfer of any game account or virtual asset complies with the terms of service of any game publisher or platform provider. Sellers are solely responsible for ensuring compliance with applicable publisher rules, and Buyers assume all risk associated with publisher enforcement action.

Upon confirmed delivery of account access credentials, control of the account passes to the Buyer. StackedGame is not responsible for any changes made by the Buyer, subsequent security failures, credential sharing, or loss of access resulting from Buyer conduct after delivery.

18. Intellectual Property & Copyright

All Users must respect the intellectual property rights of others, including copyrights, trademarks, patents, and other proprietary rights. You must only upload, post, or share content for which you have the necessary legal rights, authority, or permission.

You are solely responsible for the User Content you submit, upload, publish, or otherwise make available on the Platform.

Marketplace Items and User Content must not include third-party intellectual property (including copyrighted material, trademarks, software, music, images, or branding) unless you:

• have obtained all necessary licences, consents, or permissions; or
• are otherwise legally entitled to use and distribute that material.

You warrant that you own or have secured all necessary rights, licences, consents, and permissions required to upload and make available any data, text, trademarks, photography, artwork, software, recordings, or other material on the Platform.

Intellectual Property Claims & Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold StackedGame harmless from reasonable losses, damages, liabilities, and expenses (including reasonable legal costs) arising from third-party claims that:

• Your User Content infringes intellectual property rights;
• Your User Content is unlawful, misleading, or deceptive; or
• You did not have the right to upload or make available the relevant content.

Copyright Infringement Reports

We take reports of alleged copyright infringement seriously and may remove, restrict, or disable access to content where we reasonably believe it infringes intellectual property rights or violates applicable law.

If you believe that content on the Platform infringes your copyright or other intellectual property rights, you may submit a notice through the Support Center under the category “Intellectual Property Rights”, providing:

• Identification of the material claimed to be infringing;
• Identification of the intellectual property rights claimed to have been infringed;
• A statement explaining the basis of your claim;
• Any supporting evidence reasonably available; and
• Your contact details.

We process intellectual property complaints under applicable copyright and intellectual property laws (including the United States DMCA process where relevant).

Where appropriate and in accordance with applicable law, we may remove or disable access to allegedly infringing material. We may also issue warnings and suspend or terminate accounts where repeated infringement notices are received.

Copyright Appeals

If your content is removed following an intellectual property complaint and you believe the removal was made in error, you may submit a counter-notice or appeal through the Support Center. We will review such appeals acting reasonably and in accordance with applicable law.

19. Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Platform.

You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed as described therein. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.)

Marketplace Item – Purchase Information

If you are a Buyer who purchases an Item, you acknowledge and agree that Sellers will have access to the purchase information including the username you selected (which is publicly visible on the Services) along with the Item you purchased and the date you purchased it (“Purchase Information”) and you direct StackedGame to make Purchase Information available to the Seller. 

If you are a Seller, you may use Purchase Information solely to make available the Item to the Buyer through the Services and provide directly related support; you may not sell any Purchase Information; and you may not further retain, use, or disclose personal information for any other purpose, except to the extent required by law.

Service Order – Requirement Information

Buyers may also disclose certain confidential information to Sellers for them to deliver service orders (for example, as requirements). Therefore, Sellers agree to protect such confidential information from unauthorized use and disclosure and treat any such information received from Buyers as confidential. Sellers specifically agree to:

• maintain all such information in strict confidence;
• not disclose the information to any third parties;
• not use the information for any purpose except for delivering the ordered work; and
• not to copy or reproduce any of the information without the Buyer’s permission.

20. Security

StackedGame values the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.

You acknowledge that you provide your User Content and personal information at your own risk. You are fully responsible for all interaction with the Services that occurs in connection with your registration information (including, without limitation, all purchases).

You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. 

You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Services, and to ensure that you log off at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

21. Data Storage

While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content.

We reserve the right to mark or treat as “inactive” and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us acting reasonably and in accordance with our account management policies. Where reasonably practicable, we will provide notice before archiving inactive accounts or User Content.

22. Interruption to the Service

• We will do all we can to maintain access to our Platform and Services, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We will try and communicate and plan such interruptions but may have to do so without telling you first;
• You acknowledge that our Service may also be interrupted for reasons beyond our control;
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

23. Warranty Disclaimer

Nothing in this section or elsewhere in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable legislation.

Except as required by applicable law, the Platform, its content, and any Marketplace Items are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, StackedGame makes no representations or warranties, express or implied, regarding:

(a) the accuracy, completeness, reliability, availability or suitability of the Platform;
(b) the quality, legality, safety or performance of Marketplace Items supplied by Sellers;
(c) uninterrupted or error-free access to the Platform; or
(d) that the Platform will meet your particular requirements.

To the maximum extent permitted by law, StackedGame is not liable for indirect, incidental, special, consequential or punitive loss, including loss of profits, revenue, goodwill, business opportunity or data, arising out of or in connection with use of the Platform.

StackedGame acts solely as an online marketplace intermediary and limited payment collection agent for Sellers. StackedGame does not supply, provide, or deliver Marketplace Items and is not responsible for the acts or omissions of Sellers.

StackedGame does not create, control, supervise, or endorse the content, advice, gameplay, communication, or materials shared during Sessions. To the extent permitted by law, StackedGame is not responsible for the substance, accuracy, legality, or quality of Session interactions between Users.

Users are responsible for taking reasonable precautions when interacting with other Users and when downloading files or accessing third-party links.

Nothing in this section limits liability for:

• breach of consumer guarantees under the Australian Consumer Law;
• misleading or deceptive conduct under applicable legislation;
• fraud, wilful misconduct, or any liability that cannot be excluded under law.

24. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless StackedGame, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• your use of and access to the Service;
• your breach of these Terms including any act, neglect or default by you or your employees, licensees or clients;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that your Content caused damage to a third party.

This indemnity does not apply to the extent that a claim arises from StackedGame’s own breach of applicable law, negligence, fraud or wilful misconduct.

This defence and indemnification obligation will survive this Agreement and your use of the Service.

25. Limitation of Liability

Marketplace & Users

Nothing in this section excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable legislation.

To the maximum extent permitted by law, StackedGame and its affiliates, officers, directors, employees and agents are not liable for indirect, incidental, special, consequential or punitive loss, including loss of profits, revenue, business opportunity, goodwill, anticipated savings, or data, arising out of or in connection with:

• errors or inaccuracies on the Platform;
• unauthorised access to or use of the Platform;
• interruption or unavailability of the Platform;
• viruses or malicious code transmitted by third parties;
• content supplied by Sellers or other Users; or
• removal or unavailability of content.

StackedGame acts solely as an online marketplace intermediary and limited payment collection agent for Sellers. StackedGame is not responsible for the performance, quality, legality, or safety of Marketplace Items supplied by Sellers.

Subject to rights that cannot be excluded under applicable law, StackedGame’s total aggregate liability to you arising out of or in connection with the Platform or these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the greater of:

(a) USD100; or
(b) the total fees paid by you to StackedGame in the 12 months preceding the first event giving rise to the liability.

This limitation does not apply to liability that cannot be limited under the Australian Consumer Law, including liability for breach of consumer guarantees.

This clause survives termination of these Terms.

User Indemnity

To the maximum extent permitted by law, you indemnify StackedGame against third-party claims to the extent arising from:

• your breach of these Terms;
• your unlawful conduct;
• your User Content; or
• your violation of third-party rights.

This indemnity does not apply to the extent that the claim arises from StackedGame’s own breach of applicable law.

Seller & Buyer Intellectual Property Indemnity

Each Seller agrees to indemnify a Buyer against final court-awarded damages arising from a third-party claim that the Buyer’s permitted use of a Marketplace Item infringes that third party’s intellectual property rights, provided that:

• the Buyer promptly notifies the Seller of the claim;
• the Seller is given sole control of the defence and settlement of the claim; and
• the Buyer provides reasonable assistance at the Seller’s expense.

Subject to rights that cannot be excluded under applicable law, the liability of each Seller to a Buyer in connection with a Marketplace Item is limited to the amount paid by the Buyer for that item.

Nothing in this section excludes liability for:

• breach of consumer guarantees under applicable law;
• misleading or deceptive conduct;
• fraud or wilful misconduct; or
• personal injury or death caused by negligence where such liability cannot be excluded.

26. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed by the ACL and these Terms, to the extent these Terms are consistent with the ACL and other non-excludable rights.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Buyer, the goods provided by a Seller may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

27. Account Suspension & Closure

Account Closure (By You)

You may close your account at any time. Account closures can be initiated via our Support Center. On closure, access to your account will cease. If you’re a Seller your Items and content uploaded to the marketplace will also be removed. So please ensure you have downloaded any data you want to keep.  If you have any in-progress orders these will also be cancelled and closed together with the processing of order cancellations and refunds as required.

Account Suspension (By StackedGame)

We may suspend or restrict access to your account (and any accounts StackedGame determines are related to your account) where we reasonably believe you have breached these Terms, engaged in unlawful conduct, or posed a risk to the Platform, its Users, or its security. Where reasonably practicable, we will provide notice of suspension. Suspensions may be temporary or permanent depending on the outcome of our determination.

If we suspend your account, your access to the Platform and its Services may be restricted or removed in accordance with these Terms and applicable law. Access to the Platform is provided at StackedGame’s discretion, subject to these Terms and applicable law. Where reasonably practicable, we will notify you of a suspension and the reason for it, unless you have repeatedly breached these Terms or we are prevented from doing so for legal, regulatory, or security reasons.

If we do decide to permanently suspend your StackedGame account you may not re-apply. If you believe that the suspension has been made in error, you can appeal via our Support Center.

If you or StackedGame suspends your account, you may lose any information associated with your account, including your Content.

Any suspension of your account shall not affect any of our rights or remedies against you or any of your obligations or liabilities to us that have accrued up to that date (including the right to claim damages in respect of any breach of these Terms which existed at or before the date of suspension or cancellation).

The Terms will remain in effect even after your access to the Service is suspended, or your use of the Service ends.

Termination or suspension of your account does not affect any accrued rights or obligations of either party prior to termination, including payment of properly earned Seller earnings or resolution of outstanding transactions, subject to compliance with these Terms and applicable law.

28. Modification & Discontinuation

We may modify, edit, suspend, or discontinue all or part of the Platform (including any features, information, items, or services) from time to time for operational, legal, security, technical, or commercial reasons.

Where reasonably practicable, we will provide notice of material changes that may significantly affect your use of the Platform.

To the extent permitted by law, we are not liable for loss arising from such modifications or discontinuation. Nothing in this clause limits any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

29. Third Party Links

The Platform may contain links to third-party websites and online services that are not owned or controlled by StackedGame. We have no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave our Platform; we suggest you read the terms and privacy policy of each third-party website and online service that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

30. Relationship

Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.

StackedGame acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from Buyers to purchase Sellers Items on the Platform. Whilst our capacity is one of independent contractor in relation to the Service, we act as the Seller’s agent for the specific limited purpose of:

• publishing and making available the Seller’s Marketplace Items and User Content uploaded onto the Platform;
• accepting payments from Buyers via StackedGame’s Payment Processor,
• remitting the purchase payments to the Seller as described in section 8 – Earnings & Marketplace Fees;
• processing refunds and order cancellations in accordance with our Terms of Service; and
• providing Sellers with a Platform to manage their uploaded Marketplace Items and User Content.

You may not claim any association with StackedGame or StackedGame.com without our written permission.

31. Site Translation

The Platform’s official text is the English version of the site. Users may translate the Platform at their own risk. No warranty of any kind, either express or implied, is made as to the accuracy, reliability, or correctness of translations made from English into any other language. Any differences created by translating are not binding and do not have any legal effect for compliance or enforcement purposes. If issues regarding the accuracy of information in translated content arise it is advised that users, please refer to the English version of the content which is the official version of the Platform. 

32. Waiver

Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by StackedGame of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.

33. Severability

If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these Terms and the remaining Terms will remain in full force and effect.

34. Assignment

You may not assign this Agreement or any of Your rights and obligations hereunder to any third party. StackedGame may assign these Terms to an affiliate or as part of a restructure, merger, or asset sale. We will take reasonable steps to notify Users of a material assignment where practicable.

35. Communication

Any communication notices from you under these Terms of Service must be in made in writing and submitted either via the Contact Us page or our Support Center. eMails can also be sent to support(at)stackedgame.com. Any communication we send you will be emailed to your StackedGame account email address.

36. Entire Agreement

These Terms (including, without limitation, the Privacy Policy and License Terms, and all other terms incorporated herein by reference) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services.

In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any other agreement that contain a link to the website’s Items or content, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.

37. Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia, Australia and you submit to the jurisdiction of the courts there for the resolution of any dispute between us. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Service is taking place or originating.

You are responsible for complying with the laws that apply where you access the Platform. We make no representation that the Platform is appropriate or available for use in all jurisdictions.

If you access the Platform outside Australia, mandatory consumer protection laws in your jurisdiction may also apply.

38. Amendments to these Terms

You can review the most current version of these Terms at any time on this page.

We may update these Terms from time to time for operational, legal, security or commercial reasons by publishing the updated version on this page. Changes take effect upon publication unless otherwise stated.

If you do not agree to the updated Terms, you may cease using the Platform. Your continued access to or use of the Platform after publication of the updated Terms constitutes acceptance of those changes.

39. Key Terms

• Community Marketplace Platform – means StackedGame’s platform that provides a marketplace together with a range of related community building services.
• StackedGame Platform – means the StackedGame.com website and its related sub-domains including community.stackedgame.com, events.stackedgame.com and help.stackedgame.com as well as the related StackedGame Discord server.
• Service – means the services that are available to users on the StackedGame Platform.
• Users – means anyone who accesses the StackedGame Platform – this includes Guest Users browsing the website, Buyers as well as Sellers.
• Guest User – means user of the Platform who has not signed-up and therefore does not have an Account.
• Buyers – means registered Users who purchase Items on the StackedGame marketplace.
• Sellers – means Users who have signed-up to the Platform as Sellers. Sellers are able to upload a range of User Content and also sell Marketplace Items on StackedGame.
• User Account – means an account created for a specific User of the Platform enabling them to access the Platform and use authorized services. User Accounts also store the information related to the Users on the Platform.
• User Content – means all the different information Users are able to upload and share on the Platform.  This includes marketplace items, game guides, gaming articles, community forum posts, event information, comments, reviews etc.
• Marketplace – means the part of the Platform that enables Sellers to upload and manage their Items and Buyers to be able to purchase the items and complete delivery.
• Marketplace Items – means the Items (downloads, sessions, services and combination items) sold on the StackedGame marketplace.
• Item Page – means the page where the Seller provides a comprehensive description of their item.
• Sales Order – means the transaction created when the Buyer completes the checkout payment process and a unique order number is created to facilitate and track item delivery or order completion.
• Earnings – means the money earned by the Seller from the sale or their Items on the Marketplace.  Earnings are calculated based on the Sellers earnings % related with the Seller Level.
• Marketplace Fee – means the fee charged by the StackedGame’s marketplace as a percentage of the Item’s price.
• Payment Service Provider – means the Seller’s selected provider who will transfer payment from StackedGame to the Seller’s nominated account.
• Intellectual Property – means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Last Updated: March 2026