Terms & Conditions
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS.
These Terms of Service govern your rights and obligations, as users of this Platform administered and managed by the company. Unless otherwise provided by the company, all new Platforms introduced and managed by the company shall be governed by these Terms & Conditions.
By registering an account with the company and accessing any of the Platform, you acknowledge and accept that your usage of the Platform (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by the company at any time or from time to time at its absolute discretion.
The term “the company” or “we” or “our” or “us”) refers to the company DIGITAL LIMITED & the company DIGITAL SDN BHD and the term “you” refers to the user or viewer of this Platform and/or Service.
These Terms and Conditions apply to your use of all of this Platform and Service owned or operated by the company. You acknowledge that you are aware of the contents of and agree to be legally bound by these Terms and Conditions.
1. Definitions
- Account: means your account duly registered with the company to facilitate you using the Services available on the Platform (or any of them);
- Buyer: means a person who purchases items on the Platform;
- Gift Card: means an electronic gift card purchased on any of the Platform which contains a stored value available for redemption on the Platform;
- CD-Key: means an electronic key which is used to activate a video game;
- Mobile Credits: means mobile phone credits;
- Items: means the goods and services listed by you for sale on the Platform and "Item" shall mean any one of them;
- Parties: means collectively, the company and you and "Party" shall mean any one of them;
- Platform: means collectively, the web Platform presently known as the company, the company App (Android & iOS) and such other web Platform of the company administered and managed by the company;
- Services: means the services provided by the company on the Platform, including, without limitation, reselling and retailing online games and related merchandises, games publishing, online marketplace for sale of Items, subject to the conditions in these Terms of Service;
- Purchased Item: means your item listed on the Platform purchased by the Buyer;
- ING Balance: means the electronic credit value available in the Account at any time;
- Terms of Service: means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when the company shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Service for products, services or facilities, as determined by the company from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and
- Virtual Items: means collectively, virtual in-game items and virtual currency, including, without limitation, virtual coins, tokens or points acquired in the course of playing games on the Platform.
2. License to Use
3. Representations and Warranties
- your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
- you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
- save as otherwise permitted by the company, you shall not, directly or indirectly, use the Services for any commercial purposes;
- you shall not use the Platform or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties;
- you shall not use any intellectual property belonging to the company or any publishers listed on the Platform, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of the company; and
- you shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Platform or the employees of the company.
- you shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the Platform
4. Use of Services
- You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Platform and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Platform (or any of them)
- It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that the company may issue from time to time. the company shall not be liable for any errors, losses or damages caused by your use of the Services.
- It is your responsibility to secure the information of your Account. Any notification or confirmation received by the company from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
- The company shall not be liable for acting on the notification or confirmation sent through your Account. the company shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by the company, notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify
- The company upon receipt of incomplete, garbled or inaccurate data or information from the company. You shall also immediately notify the company upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
- You acknowledge and agree that the company may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
- Unless otherwise permitted by the company in writing, you shall not upload, post, email, transmit or otherwise make available any unauthorized or illegal activities on the Platform or directly to other users of the Platform.
- You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Platform.
- You irrevocably and unconditionally allow and permit the company to send to your Account updates on services and events offered or provided by the company.
5. Virtual Items
- All Virtual Items reflected in the Account are not actually owned by you.
- You merely have a licence to use the Virtual Items on the Platform (or any of them) in accordance with such terms as the company may impose from time to time.
- The value of the Virtual Items reflected in the Account does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash.
- Unless otherwise permitted by the company in writing, you are prohibited from selling, transferring or otherwise disposing of the Virtual Items to any other persons, whether within or outside the confines of the Platform (or any of them).
6. Payment
- You may pay for the Services in such currency that is available on the Platform in accordance with the prevailing exchange rate determined by the company at its absolute discretion.
- You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
- The company shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
- The company shall be entitled to vary or modify or remove the modes of payment available on the Platform (or any of them) at any time without prior notice to you.
7. Availability of Services
- The Services are usually available on a daily basis unless otherwise specified herein.
- There may be certain times that the Services may not be available due to maintenance or malfunction of the Platform or such other reasons beyond the control of the company. the company makes no warranty that the Services will be available at the times stated herein.
- Unless otherwise provided in these Terms of Service, the company shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
- Notwithstanding any provisions to the contrary in these Terms of Service, the company shall be entitled to: immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or impose conditions or restrictions on your use of the Service without notice.
- In addition to and not in derogation of Clause 8.4, if you do not utilise the Services for a continuous period of 90 days, the company may, at its absolute discretion, charge a fee for the maintenance of your Account.
8. Inggamers Reward Points
- You will be rewarded with the company Reward Points for each purchase of goods or services on the Platform (excluding the Items).
- You may redeem the the company Reward Points for goods or services on the Platform. The the company Reward Points required to redeem such goods or service shall be as stated in the Platform.
- The redemption of the the company Reward Points shall be subject to such further rules and regulations as the company may introduce at any time or from time to time.
- Each the company Reward Points shall automatically expire on the last day of the second (2nd) year from the day when that the company Reward Points is awarded.
- The company Reward Points was first rewarded to you or such other timeframe as the company may determine, without prior notice given by the company.
9. Limitation on Liability
10. Intellectual Property Rights
11. Reliability of Platforms
- You are aware that all transactions conducted on the Platform are through telecommunication and data networks.
- You are fully aware that your receipt of the notification from the company and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that the company cannot guarantee the prompt delivery of such notification or confirmation.
- You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
12. Account
- You shall immediately notify the company if you are aware or believe your Account has been hacked or compromised.
- You shall be liable for all transactions conducted through your Account at any time prior to the receipt by the company of your notification as stated in Clause 14.1.
13. Disclosure of Information
- The company shall be entitled and you irrevocably and unconditionally consents and authorises the company to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Platform to such extent that the company may at its absolute discretion deem fit to: such persons as the company may be required to disclose under the applicable law; such other persons or entity pursuant to any governmental directive or order of the court; or any other party whomsoever as the company deems fit.
- Save as otherwise permitted in Clause 15.1, the company will not disclose your personal information to any other party without prior notification to you.
- Governing Law and Dispute Resolution. These Terms of Service and any separate agreements whereby the company provides Services shall be governed by and construed in accordance with the laws of Hong Kong and Malaysia. Sanctions and Restricted Jurisdictions. the company will not conduct or facilitate transactions involving sanctioned or restricted jurisdictions, persons or entities where prohibited by applicable law or applicable sanctions requirements, including the applicable OCPL Sanctions List. You must not use the Platform or Services in violation of applicable sanctions, export controls or geographic restrictions. Refer to ANNEX A for the list of countries.
14. Applicable Laws and Regulations
- Your use of the Services shall be governed by the jurisdiction where the contracting entity of the company is domiciled.
- Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
- For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
- You shall fully indemnify, defend and hold the company and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 16.
15. Suspension, Termination, Cancellation of Services
- The Services (or any part thereof) may be cancelled by the company at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as the company may at its absolute discretion determine.
- The company reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that the company may at its absolute discretion determine.
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Upon cancellation or termination of the Services (or any part thereof):
- all rights granted to you hereunder shall immediately terminate and shall revert to the company;
- you shall immediately pay to the company all outstanding fees and charges due and owing to the company;
- The company may at its absolute discretion, decide not to act on any request received by the company after the effective date of termination;
- The company may at its absolute discretion, decide not to act on any confirmation or request received by the company between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and you hereby irrevocably and unconditionally authorizes the company to deduct all money due and owing by you to the company (if any) from the moneys that are payable by the company to you in respect of the delivered Purchased Items.
16. Notices
- All notices and documents required to be given by you under these Terms of Service to the company shall be sent to the company by registered post to the the company address listed on the Platform.
- Any notice or document sent by you to the company shall be deemed served when such notice or document is received by the company.
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All notices and documents required to be given by the company under these Terms of Service to you shall be sent to you by any one of the following methods:
- electronic mail to your last known electronic mail address according to the company records;
- posting the notice or communication on the Platform;
- notices placed with or in any of the company written communications to you;
- notices placed through any media; or
- any manner of notification as the company may at its absolute discretion determine.
- Any notice or document or communication given by the company to you shall be deemed to be served and received by you on the day following the sending of such notice or document.
17. Waiver And Severance
- Any failure by the company to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
- In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the company shall amend that provision in such reasonable manner as would achieve the intention of the company or at the discretion of the company it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.
18. Variation
- These Terms of Service may be modified, added to, deleted or varied by the company by way of posting on the Platform or in any such other manner as the company may in its absolute discretion determine.
- You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).
19. Assignment
20. Binding Effect
21. Return Policy
Softpin:
- Does not include manuals, Installation CDs, box, physical card or other physical elements.
- You will be able to view your code(s) in your order Transaction page after the completion of your order.
- Once you have completed the purchase for any Pre-Order, CD Key, Time Card, Game Expansion, Game Point, Prepaid Card, Trial/Beta/Item Code, Game Key from GamePoint, this would mean you agree that all information you have entered are accurate and correct.
- Any purchase of Pre-Order, CD Key, Time Card, Expansion, Game Point, Prepaid Card, Trial/Beta/Item Code, Game Key from GamePoint are non-refundable, non-transferable, and not exchangeable once sold.
- The company reserves the right to amend any of the terms and conditions above without prior notice.
- Please read the product description thoroughly and confirm that the game name, server, game user id, character name, account name and the amount purchased, i.e. information, are correct.
- The company assumes no liability for wrong purchases made by the customer due to negligence and/or false/wrong information provided, which may result in damages/losses/wrong top up. By purchasing any products from the company, the customer understands, acknowledges and accepts this release of liability.
- If you encounter any difficulties, please do not hesitate to contact our Customer Support for further assistance.
Company Details
Registered Address: 32B, JALAN SS 2/66 47300 PETALING JAYA SELANGOR MALAYSIA
Business Registration Number: 202601023041 (1685138A)
Legal Entity: ETERNITY DIGITAL LIMITED
Registered Address: FLAT 5, 4/F, WON HING BUILDING, 74-78 STANLEY STREET, CENTRAL HONG KONG
Business Registration Number: 80782444
ANNEX A