SITEWIDE
SALE
USE CODE 'SUMMER30'
30% OFF
00:00:00
Ending Soon
View All Games
Forza Horizon 6 icon
Forza Horizon 6
Black Ops 7 icon
Black Ops 7
ARC Raiders icon
ARC Raiders
Battlefield icon
Battlefield
Roblox icon
Roblox
Items/Skins icon
Items/Skins
Accounts icon
Accounts
Currency icon
Currency
Boosting icon
Boosting
View All Games
USD ($) ▾

Terms and Conditions

OVERVIEW

This website is operated by MitchCactus, a trading name of Cactus Holdings Pty Ltd, a company incorporated under the laws of Australia (“MitchCactus”, “we”, “us”, “our”). MitchCactus operates a marketplace platform that connects buyers with sellers and service providers (collectively “Sellers”) of video game-related goods and services, including but not limited to in-game items, currency, accounts, boosting services and coaching (the “Platform”).

By visiting our website at mitchcactus.com or mitchcactus.co, creating an account, purchasing from us, or listing services or goods on our Platform, you engage in our Services and agree to be legally bound by these Terms of Service (“Terms”), our Privacy Policy, and all supplementary policies referenced herein. These Terms apply to all users of the Platform, including buyers, sellers, service providers, and visitors.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS PLATFORM. BY CONTINUING TO USE THE PLATFORM YOU CONFIRM YOUR ACCEPTANCE.

SECTION 1 — DEFINITIONS

1.1 “Buyer” means any registered user who accesses the Platform to purchase goods or services offered by Sellers.

1.2 “Seller” means any registered user who accesses and uses the Platform to offer, list, and sell goods or services to Buyers, including boosters, coaches, account sellers, and item traders.

1.3 “Registered User” means any person who has completed registration on the Platform and has been assigned an Account, Username, and Password.

1.4 “Account” means the individual account established for each Registered User upon successful registration.

1.5 “Order” means a confirmed transaction between a Buyer and a Seller facilitated through the Platform.

1.6 “Services” means all products, services, features, tools, and applications available on or through the Platform.

1.7 “Platform Content” means all information, text, images, video, directories, databases, listings and other content available on or through the Platform.

1.8 “Third-Party Rights” means third-party copyrights, trademarks, trade secrets, patents and other personal or proprietary rights relating to material displayed on the Platform.

1.9 “Transaction Risks” means all risks assumed by users when conducting transactions via the Platform, including misrepresentation, fraud, unsatisfactory quality, breach of contract, and violations of Third-Party Rights.

1.10 “Inactive Account” means any Account where no login activity has occurred for a continuous period of twelve (12) months.

1.11 “KYC” means Know Your Customer identity verification procedures required by MitchCactus from time to time.

1.12 “Chargeback” means a reversal of a payment transaction initiated by a Buyer’s bank or payment provider.

SECTION 2 — GENERAL CONDITIONS

2.1 MitchCactus reserves the right to refuse Service to anyone for any reason at any time.

2.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

2.4 Any new features or tools added to the Platform shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the Platform following the posting of any changes constitutes acceptance of those changes.

2.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCEPTANCE & ELIGIBILITY

3.1 By accessing or using the Platform you represent that you are at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher), that you have the legal capacity to enter into a binding agreement, and that you are not prohibited from using the Platform under any applicable laws.

3.2 If you are registering on behalf of a corporation, government body, or other legal entity, you represent that you have full authority to bind that entity to these Terms.

3.3 MitchCactus may verify your age and/or identity as part of our onboarding and KYC processes. As part of verification, you may be required to provide a valid government-issued photo identification document (such as a driver’s licence or passport) and/or other documentation we reasonably require.

3.4 You may not use the Platform for any illegal or unauthorised purpose, and you must comply with all applicable laws in your jurisdiction, including copyright laws, consumer protection laws, anti-money laundering laws, and export control regulations. A breach or violation of any of these Terms will result in immediate termination of your Services.

SECTION 4 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

4.1 MitchCactus is not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.

4.2 This Platform may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to the Platform.

4.3 This includes but is not limited to: pricing information, game descriptions, service durations, stock or availability, patch or update statuses, and any other time-sensitive information. MitchCactus accepts no liability for decisions made based on inaccurate, outdated, or incomplete information displayed on the Platform.

SECTION 5 — PRODUCTS & SERVICES

5.1 Certain products or Services may be available exclusively online through the Platform. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

5.2 We have made every effort to display as accurately as possible the descriptions and details of our products and services as they appear on the Platform. We cannot guarantee that all descriptions, images, or other representations will be fully accurate at all times.

5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or Service made on this Platform is void where prohibited.

5.4 We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 — ORDERS & BILLING

6.1 Order Cancellation. MitchCactus may cancel, reject, reverse or refuse any Order at any time for fraud prevention, compliance, risk management, technical issues, inventory limitations, payment concerns, or any other legitimate business reason. In the event that we cancel or modify an Order, we may attempt to notify you by contacting the email and/or billing address provided at the time the Order was made.

6.2 MitchCactus may, in its sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.3 You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platform. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

SECTION 7 — ACCOUNTS

7.1 Registration. You must provide accurate, current and complete information when registering an Account. You agree to maintain and promptly update your Account information to keep it accurate and complete at all times.

7.2 Single Account. Each user may maintain only one Account unless expressly authorised in writing by MitchCactus. Creating, controlling, or using multiple Accounts without prior written consent is strictly prohibited. MitchCactus reserves the right to suspend or permanently terminate duplicate Accounts and may withhold any associated funds pending investigation.

7.3 Security. You are responsible for maintaining the confidentiality and security of your Account credentials. You accept full responsibility for all activities that occur under your Account. You must notify MitchCactus immediately if you suspect any unauthorised access to your Account by contacting [email protected].

7.4 Non-transferability. You may not sell, transfer, assign or otherwise dispose of your Account, Username or Password to any third party without MitchCactus’s prior written consent. Any such purported transfer is void and may result in immediate Account suspension or termination.

7.5 Suspension & Termination. MitchCactus may suspend, limit, or permanently terminate any Account at any time, with or without notice, if: (a) we determine in our sole discretion that you have breached any provision of these Terms; (b) we have reasonable grounds to suspect that information you have provided is untrue, inaccurate, or incomplete; (c) we believe your conduct is harmful to the interests of the Platform, MitchCactus, its employees, affiliates, or other users; (d) required to do so by law or regulatory authority; or (e) for any other reason in our sole and absolute discretion. Termination may result in the forfeiture of your Account, content, balances, and other associated benefits, subject to any outstanding obligations. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

7.6 Account Closure. You may request closure of your Account at any time by contacting [email protected]. Upon closure you may lose access to information previously associated with your Account. Outstanding balances or obligations will be settled prior to or upon closure in accordance with these Terms.

7.7 Inactive Accounts. MitchCactus reserves the right to charge an inactivity fee of USD $5 per month for any Inactive Account. The inactivity period commences from the date of the user’s most recent login and resets upon each subsequent login. Inactivity fees may be deducted from any available Account balance but will not cause a negative balance. MitchCactus will provide 30 days’ notice before commencing inactivity fee charges on any Account.

SECTION 8 — SELLER REGISTRATION & KNOW YOUR CUSTOMER (KYC)

This section applies specifically to users who register or operate as Sellers on the Platform. By registering as a Seller, you agree to all terms applicable to Sellers throughout this Agreement in addition to the general terms applicable to all users.

8.1 Seller Eligibility. To register as a Seller you must: (a) be at least 18 years of age; (b) have the legal right to sell the goods or services you intend to offer; (c) not be prohibited from selling such goods or services under any applicable law, game publisher terms of service, or contractual obligation; and (d) successfully complete MitchCactus’s KYC verification process.

8.2 KYC Requirements. MitchCactus requires all Sellers to complete identity verification before listing any goods or services or withdrawing any funds. KYC verification may require you to provide:

8.3 Ongoing Verification. MitchCactus reserves the right to request updated KYC documentation at any time. Failure to provide requested documentation within the specified timeframe may result in suspension of your Seller Account and/or withholding of funds pending verification.

8.4 Withdrawal Account Ownership. All withdrawals may only be made to a bank account, payment account, or other financial account registered in your own name. Transfers to third-party accounts are strictly prohibited. MitchCactus may request verification confirming ownership of your withdrawal account and may suspend or delay withdrawals pending such verification.

8.5 Seller Representations. By registering as a Seller, you represent and warrant that:

8.6 AML & Sanctions Compliance. MitchCactus may freeze accounts, block transactions, refuse withdrawals, request additional information, report suspicious activity, or terminate accounts where required for sanctions compliance, anti-money laundering compliance, fraud prevention, or any other regulatory obligation. MitchCactus reserves the right to take any of these actions without prior notice where required by law or where delay would pose a risk to MitchCactus, its users, or third parties. Users subject to sanctions administered by the United Nations, the European Union, OFAC, the Australian Department of Foreign Affairs and Trade, or any other applicable government authority are prohibited from using the Platform.

SECTION 9 — SELLER CONDUCT & LISTING RULES

9.1 Accurate Listings. All listings must accurately and completely describe the goods or services for sale. Sellers must not misrepresent the nature, quality, origin, or any other material aspect of their listings. By listing an item or service, you warrant that all aspects of the listing comply with our Platform policies and these Terms.

9.2 Prohibited Listings. Sellers must not list, offer, or sell any of the following on the Platform:

9.3 No Self-Promotion or Solicitation. Sellers are strictly prohibited from using the Platform, including any communications with Buyers, to: (a) advertise or promote their own website, social media profiles, Discord servers, or any competing platform; (b) solicit Buyers to transact outside of the Platform; (c) share personal contact details for the purpose of diverting transactions away from the Platform; or (d) engage in any conduct designed to circumvent MitchCactus’s fee structure.

9.4 Fee Circumvention. Where MitchCactus determines that a Seller has attempted to circumvent the Platform’s fee structure or divert transactions off-Platform, MitchCactus may impose reasonable administrative charges, recover lost fees, withhold funds, suspend or terminate the Seller’s Account, and pursue any legal remedies available to it. These measures are in addition to any fines imposed under Section 12.9 and do not limit MitchCactus’s right to seek further damages.

9.5 No Fraud or Manipulation. Sellers must not engage in any fraudulent scheme, including but not limited to: (a) creating fake reviews or ratings; (b) manipulating the Platform’s ranking or search systems; (c) creating multiple Accounts to evade bans or restrictions; (d) colluding with Buyers to issue false complaints or chargebacks; or (e) any other deceptive conduct intended to harm MitchCactus, other Sellers, or Buyers.

9.6 Intellectual Property. Sellers must not use any game title, trademark, trade name, logo, or other intellectual property of any third party in their listings except to the extent strictly necessary to identify the game to which their goods or services relate. Such use does not imply any affiliation, authorisation, or endorsement by the relevant rights holder.

9.7 Seller Performance Standards. Sellers must maintain acceptable fulfilment rates, response times, and dispute rates as determined by MitchCactus from time to time. MitchCactus may suspend, restrict, demote, or remove Sellers who fail to meet Platform performance standards, without liability to the Seller.

9.8 Late Delivery. Sellers must complete Orders within the advertised or agreed delivery time. Repeated late deliveries may result in penalties, listing removal, reduced visibility, suspension, or termination of the Seller’s Account.

9.9 Seller Rankings & Algorithm Discretion. MitchCactus may assign Seller rankings, badges, trust levels, or visibility scores based on performance metrics including but not limited to fulfilment rate, response time, dispute rate, and customer feedback. MitchCactus may modify search rankings, recommendation systems, visibility scores, badges, trust levels, listing placement, and promotional exposure at any time in its sole discretion without notice and without liability to any Seller. MitchCactus reserves the right to adjust, remove, or modify rankings at any time.

9.10 No Warranty of Seller Earnings. MitchCactus does not guarantee Seller visibility, impressions, traffic, rankings, sales volume, earnings, conversion rates, or transaction volume. Listing on the Platform does not guarantee any minimum level of exposure, orders, or income. Sellers accept full responsibility for their own commercial outcomes on the Platform.

9.11 Availability. Sellers must promptly remove listings for goods or services that are no longer available. Failure to fulfil confirmed Orders may result in financial penalties, suspension, or termination.

SECTION 10 — TRANSACTIONS BETWEEN BUYERS AND SELLERS

10.1 Marketplace Role. MitchCactus provides an electronic web-based marketplace facilitating transactions between Buyers and Sellers. MitchCactus acts as a disclosed commercial agent of Sellers and is authorised by each Seller to accept payments from Buyers on the Seller’s behalf. MitchCactus does not own items listed on the Platform and is not a party to the contract of sale between Buyer and Seller. MitchCactus does not guarantee the existence, quality, safety, or legality of items or services listed.

10.2 Binding Orders. All Orders placed through the Platform are binding on both the Buyer and Seller. Sellers are responsible for accurately listing their goods and services, and Buyers are responsible for reading listing descriptions before purchasing. Upon an Order being confirmed, the Seller is obligated to fulfil the Order promptly and in accordance with the listing description.

10.3 Funds Handling. Upon a Buyer completing payment, MitchCactus collects and holds the funds on the Seller’s behalf. Funds collected remain the property of the Seller but are held by MitchCactus pending successful completion and confirmation of the Order. MitchCactus transfers funds to the Seller (after deducting applicable fees) following successful Order completion and expiry of any applicable dispute or chargeback window, by the end of each calendar month or more frequently upon request.

10.4 Seller Reserve Account. MitchCactus may establish rolling reserves, holdbacks, security deposits, or delayed payouts in respect of any Seller’s account to manage fraud, refund, dispute, and chargeback risk. The amount, duration, and conditions of any reserve will be communicated to the Seller and may be adjusted by MitchCactus at any time based on the Seller’s performance, transaction history, or risk profile. Funds held in reserve, holdback, delayed payout, or security deposit arrangements do not constitute a trust account and do not accrue interest unless required by law.

10.5 Funds Withholding. MitchCactus reserves the right to withhold, delay, or suspend the transfer of funds to a Seller in the following circumstances:

10.6 Funds Recovery. MitchCactus may withhold, offset, recover, or apply funds associated with fraud, chargeback abuse, fee circumvention, sanctions violations, money laundering concerns, or other material breaches of these Terms, to the extent permitted by applicable law. Where funds are withheld or applied under this clause, MitchCactus will notify the affected user unless prohibited from doing so by law or regulatory obligation.

10.7 Taxes. Sellers are solely responsible for determining, collecting, reporting and remitting all applicable taxes (including GST for Australian Sellers and any other applicable tax) arising from their sales on the Platform. MitchCactus does not provide tax advice. Users should consult a qualified tax professional regarding their tax obligations.

10.8 Assumption of Risk. Each user acknowledges that they fully assume all Transaction Risks when using the Platform. Each user agrees that MitchCactus shall not be liable or responsible for any damages, liabilities, costs, or losses arising out of or in connection with any Transaction Risks.

SECTION 11 — FEES & PAYMENTS

11.1 Seller Fees. MitchCactus charges Sellers a commission fee on each completed sale. Current fee rates are published on the Platform’s Fees page and may be updated from time to time with at least 14 calendar days’ prior notice (except for temporary promotional changes). By continuing to use the Platform after a fee change takes effect, you accept the revised fees.

11.2 Buyer Fees. MitchCactus may charge Buyers processing or service fees in connection with purchases. Current Buyer fee rates are published on the Platform’s Fees page.

11.3 Payment Methods. Users must maintain a valid payment method on their Account when buying or selling on the Platform. Users must pay all fees and applicable taxes by the relevant due date. MitchCactus may collect outstanding fees using collection agencies and legal counsel, and may charge late fees on overdue amounts.

11.4 Payment Authorisation. When you provide payment information to MitchCactus or any of its payment processors, you represent that you are the authorised user of such payment method and you authorise MitchCactus and its payment processors to charge your payment method for purchases, fees, reimbursements, or other amounts owed.

11.5 Third-Party Payment Processors. Payment processing services are provided by third-party payment processors. By using the Services, you agree to be bound by the applicable payment processor’s terms of service. MitchCactus reserves the right to change payment processors at any time.

11.6 Verification Prior to Payment. MitchCactus reserves the right to verify the identity of Buyers and Sellers and the legitimacy of any transaction prior to processing payment. We may reject any transaction we believe in our sole discretion may be fraudulent, connected to illegal activity, or otherwise poses a financial risk.

SECTION 12 — DISPUTES, REFUNDS & CHARGEBACKS

12.1 Dispute Resolution Process. In the event of a dispute between a Buyer and Seller arising from a transaction on the Platform, the disputing party must first submit a complaint through the Platform’s dispute resolution system. MitchCactus will investigate complaints on behalf of the relevant parties in accordance with its dispute resolution procedures.

12.2 Platform Investigation Powers. MitchCactus may review communications, listings, transaction histories, uploaded content, KYC documents, and account activity for compliance purposes at any time. By using the Platform, all users consent to such review for the purposes of dispute resolution, fraud prevention, and Platform integrity.

12.3 Cooperation. All users agree to cooperate fully and in good faith with MitchCactus’s dispute investigation process, including providing all relevant information and evidence reasonably requested. Users must refrain from seeking third-party arbitration or court proceedings while a dispute or Order is still open or pending investigation, except where involvement of a Government Investigative Authority is required by law.

12.4 Interference. Users who attempt to interfere with MitchCactus’s standard dispute investigation procedures (including by filing simultaneous third-party complaints or chargebacks while a Platform dispute is active) may be suspended or permanently banned from the Platform, and pending funds may be withheld.

12.5 Refund Policy. Buyers may be entitled to a refund in the following circumstances:

Refund requests must be submitted through the Platform’s dispute system. All other sales are final. Refunds may take up to 10 business days to process.

12.6 Seller Reimbursement Obligations. Where MitchCactus determines that a Seller is required to reimburse a Buyer or MitchCactus (including in connection with a refund, chargeback, or fine), the Seller authorises MitchCactus to deduct the reimbursement amount from: (a) the Seller’s available Account balance; (b) any pending payments owed to the Seller; or (c) the payment method on file. If there are insufficient funds, MitchCactus may seek recovery through collection agencies or legal proceedings.

12.7 Chargeback Policy. Once an Order has been marked as delivered by the Seller and confirmed as received by the Buyer, the Order is considered Completed and the sale is final. Buyers who initiate chargebacks with their bank or card issuer in relation to Completed Orders without first exhausting the Platform’s dispute resolution process will be permanently banned from the Platform and liable to MitchCactus for the full amount of the chargeback plus any associated fees, penalties, and legal costs incurred by MitchCactus.

12.8 Seller Liability for Chargebacks. Sellers remain liable for all chargebacks, payment reversals, payment disputes, refunds, processor fines, card scheme assessments, and associated legal or recovery costs arising from transactions conducted through their Account, regardless of whether the Seller believes the chargeback to be invalid. MitchCactus may recover any such amounts from the Seller’s Account balance, reserve, or payment method on file.

12.9 Fines. Where MitchCactus determines that a user has materially breached these Terms (including by engaging in fraud, solicitation, self-promotion, or chargeback abuse), MitchCactus reserves the right to levy a fine against the user. Fines may be deducted from the user’s Account balance or charged to the payment method on file. MitchCactus may also suspend or permanently ban the user’s Account. Fines imposed by MitchCactus do not limit MitchCactus’s right to seek further damages or take legal action.

12.10 Limitation Period. Any claim arising out of or relating to the Platform, these Terms, or any transaction conducted through the Platform must be commenced within twelve (12) months after the cause of action arises, otherwise the claim is permanently barred to the extent permitted by applicable law.

12.11 Release. If you have a dispute with one or more users of the Platform, you agree to release and indemnify MitchCactus and its officers, directors, employees, agents, affiliates and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages arising out of or connected with such dispute.

If you experience an issue with a non-Completed Order, please contact MitchCactus Support at [email protected] instead of initiating a chargeback.

SECTION 13 — OPTIONAL TOOLS & THIRD-PARTY SERVICES

13.1 MitchCactus may provide you with access to third-party tools and integrations over which we neither monitor nor have any control or input, including but not limited to Discord integrations, AI-powered tools, payment gateways, identity verification services, and tracking or analytics systems.

13.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

13.3 Any use by you of the optional tools offered through the Platform is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

13.4 We may also, in the future, offer new Services and/or features through the Platform (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

14.1 Certain content, products and Services available via our Platform may include materials from third parties. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us.

14.2 We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

14.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 15 — USER COMMENTS, FEEDBACK & SUBMISSIONS

15.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, reviews, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation to: (1) maintain any Submissions in confidence; (2) pay compensation for any Submissions; or (3) respond to any Submissions.

15.2 This licence is perpetual, irrevocable, worldwide, royalty-free and sub-licensable. It applies regardless of whether the Submission was solicited. You waive any claim that MitchCactus’s use of any Submission infringes any right you may have in that Submission, including any moral rights.

15.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these Terms.

15.4 You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

SECTION 16 — PROHIBITED USES

In addition to prohibitions set out elsewhere in these Terms, you are prohibited from using the Platform or its content for:

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 — ERRORS, INACCURACIES & OMISSIONS

17.1 Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, service durations, availability, or other details. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your Order).

17.2 We undertake no obligation to update, amend or clarify information on the Platform, including without limitation pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information has been modified or updated.

SECTION 18 — INTELLECTUAL PROPERTY

18.1 MitchCactus is the sole owner or lawful licensee of all rights in the Platform and the Platform Content. All intellectual property rights in the Platform and its content shall remain with MitchCactus, its affiliates, or its licensors. All rights not expressly granted under these Terms are reserved.

18.2 “MitchCactus” and related logos, icons, and service marks are trademarks or registered trademarks of Cactus Holdings Pty Ltd. Unauthorised copying, modification, use, or publication of these marks is strictly prohibited.

18.3 User Content Licence. By posting, uploading, or otherwise providing any content to the Platform (including listing descriptions, images, and feedback), you grant MitchCactus an irrevocable, perpetual, worldwide, royalty-free, sub-licensable licence to display, reproduce, modify, distribute, and use such content for any purpose consistent with the operation of the Platform.

18.4 Third-Party Game IP. MitchCactus is not affiliated with, endorsed by, or associated with any game developer or publisher. All game titles, trademarks, logos and related intellectual property referenced on the Platform are the property of their respective owners. Their use is solely for identification purposes and does not imply any affiliation or endorsement.

SECTION 19 — PRIVACY & PERSONAL INFORMATION

19.1 The collection, use, and handling of personal information through the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. All personal data collected from Australian residents is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

19.2 By registering an Account, you consent to the inclusion of your personal information in our database and authorise MitchCactus to share such information with other users and third parties to the extent necessary for the operation of the Platform and as set out in our Privacy Policy.

19.3 MitchCactus may cooperate fully with governmental authorities, law enforcement bodies, private investigators, and injured third parties in the investigation of any suspected criminal or civil wrongdoing. MitchCactus may disclose your identity and contact information if required by law, court order, subpoena, or government request.

SECTION 20 — SMS & ELECTRONIC COMMUNICATIONS

20.1 The Cactus Holdings Pty Ltd mobile message service (the “Service”) is operated by MitchCactus (“Cactus Holdings Pty Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these Mobile Terms. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

20.2 By consenting to Cactus Holdings Pty Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Cactus Holdings Pty Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g. cart reminders).

20.3 You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Cactus Holdings Pty Ltd. Your participation in this program is completely voluntary.

20.4 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

20.5 You may opt-out of the Service at any time. Text the single keyword command STOP to MitchCactus or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Cactus Holdings Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

20.6 For Service support or assistance, text HELP to MitchCactus or email [email protected].

20.7 We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

20.8 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

20.9 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

20.10 By creating an Account, you consent to receive electronic communications from MitchCactus including transactional notices, Account updates, and (where you have opted in) promotional communications. You may opt out of promotional communications at any time by following the unsubscribe instructions.

SECTION 21 — DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

21.1 The Platform and all Services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement. MitchCactus expressly disclaims all such warranties to the fullest extent permitted by applicable law.

21.2 MitchCactus does not warrant that the Platform will operate uninterrupted, timely, secure or error-free, or that the results obtained from use of the Platform will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

21.3 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Platform and all products and Services delivered through it are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

21.4 Force Majeure. MitchCactus shall not be liable for any delay, failure, or disruption of the Platform or Services resulting directly or indirectly from events beyond our reasonable control, including without limitation internet failures, telecommunications failures, electrical power failures, natural disasters, government actions, labour disputes, or non-performance of third parties.

21.5 Limitation of Liability. To the fullest extent permitted by applicable law, MitchCactus and its affiliates, directors, officers, employees, and agents shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, including loss of profits, revenue, data, or business interruption, whether in contract, tort (including negligence), strict liability or otherwise, arising from or in connection with your use of or inability to use the Platform or its Services, even if advised of their possibility.

21.6 Cap on Liability. If MitchCactus is found liable, MitchCactus’s total liability to you shall be limited to the greater of: (a) the amount of the specific transaction in dispute; (b) the total fees paid by you to MitchCactus in the 12 months prior to the event giving rise to the liability; or (c) USD $100.

21.7 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law (ACL) which cannot lawfully be excluded or limited. Where MitchCactus cannot exclude liability, its liability is limited to the maximum extent permitted by law.

SECTION 22 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless MitchCactus, Cactus Holdings Pty Ltd, and their respective officers, directors, employees, contractors, agents, affiliates, partners, suppliers, and licensors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

SECTION 23 — MODIFICATIONS TO TERMS, SERVICES & PRICES

23.1 MitchCactus may amend these Terms at any time by providing at least 14 calendar days’ prior notice by posting the amended Terms on the Platform and, where reasonably practicable, notifying you via your registered email address or Account. Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the amended Terms.

23.2 MitchCactus reserves the right to modify, suspend, or discontinue the Platform or any part of it at any time without notice. We shall not be liable to you for any modification, suspension, or discontinuance of the Platform or any feature thereof.

23.3 Prices and fees are subject to change at any time. Material pricing changes for Sellers will be notified in accordance with Section 11.1.

SECTION 24 — GOVERNING LAW & DISPUTE RESOLUTION

24.1 Governing Law. These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of laws principles.

24.2 Negotiation. In the event of any dispute, the parties shall first attempt to resolve the matter through good-faith negotiation for a period of 30 days following written notice of the dispute.

24.3 Mediation. If the dispute is not resolved through negotiation, either party may refer the dispute to mediation in Brisbane, Queensland, Australia under the applicable mediation rules of the Resolution Institute (or such other body as the parties agree).

24.4 Jurisdiction. If mediation fails, both parties submit to the exclusive jurisdiction of the courts of Queensland, Australia for resolution of any claims or disputes arising under these Terms.

24.5 Class Action Waiver. You and MitchCactus agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. The parties expressly waive any right to participate in class proceedings.

24.6 Australian Consumer Law. Nothing in this Section affects any rights you may have under the Australian Consumer Law or other non-excludable statutory rights.

SECTION 25 — SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 26 — ENTIRE AGREEMENT & GENERAL PROVISIONS

26.1 Entire Agreement. These Terms, together with the Privacy Policy and all policies and guidelines posted on the Platform, constitute the entire agreement between you and MitchCactus with respect to your access to and use of the Platform, superseding all prior agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

26.2 Waiver. MitchCactus’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

26.3 Independent Contractors. Sellers are independent contractors and are not employees, agents, representatives, joint venturers, or partners of MitchCactus. Nothing in these Terms creates any employment, agency, partnership, joint venture, or franchise relationship between MitchCactus and any user.

26.4 No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any third party.

26.5 Assignment. You may not assign or transfer your rights or obligations under these Terms without MitchCactus’s prior written consent. MitchCactus may freely assign or transfer its rights and obligations, including in connection with a merger, acquisition, or sale of assets.

26.6 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 27 — IMPORTANT NOTICE OF NON-AFFILIATION AND TERMS

MitchCactus is an independent provider of video game services that help players improve their in-game performance and skills. MitchCactus is not affiliated with or endorsed by the developers, publishers or distributors of the games for which we provide products. Game titles and trade marks are the property of the relevant game developer or publisher. Our use of game titles and trade marks is for game identification and to specify the intended purpose of our products only and does not imply any affiliation. Our products are unauthorised and unofficial, and are intended for permissible personal use only. Users remain solely responsible for compliance with a game’s licence terms, terms of service and community guidelines (User Terms). User Terms may prohibit or restrict the use of our products. Using our products in breach of User Terms may result in temporary or permanent play bans, account suspension, revocation of in-game content or other liability exposure. We are not responsible or liable to users for any such consequence or exposure. Copyright in game code, artwork, cinematograph films and sound recordings is the property of the relevant game developer or publisher, and we do not by supplying our products authorise any infringement of such rights.

SECTION 28 — GENERAL TERMS OF USE

MitchCactus charges fees for incurred time and conciliation required in the fulfilment of the services we provide. We do not claim to be the owners or representatives of the trademarks, brands and intellectual properties of others they remain the property of their original copyright owners. We have no affiliation, connection or association with any representatives of the trademarks, brands and intellectual properties.

The service provided at MitchCactus is hosted under the name (domain) of https://www.mitchcactus.com and https://www.mitchcactus.co (the “websites”) and is not affiliated with any other site, company, brand, organisation, or similarly named entity resembling it.

All services available on MitchCactus are provided digitally via digital delivery such as email.

SECTION 29 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at [email protected].

Our contact information is posted below:

[email protected] — Care of 44 Station Road, Yeerongpilly 4105, Brisbane, Australia — (CACTUS HOLDINGS PTY LTD)

Last updated: 2nd June 2026.