Terms of Use

LAST UPDATE: 10/6/2016

1. ACCEPTANCE OF TERMS

1.1 PLAY-e Pte. Ltd., its parent company and/or its subsidiaries, as the case may be, own and operate websites (“Site”), as well as provide various apps, games, shopping and social networks, including payment and/or distribution apps (the “Mobile Apps”). We may also offer other features, contents, contests, payment services and/or distribution services from time to time (collectively, “Additional Features” and together with the Site and the Mobile Apps, the “Services”). Any reference to “Play-e”, “we”, “us” or “our” shall refer to PLAY-e Pte. Ltd., its parent company, subsidiaries and/or affiliates as the case may be. Any reference to “Parties” shall refer to you and us.

1.2 This terms of use (“Terms of Use”) includes our policy for acceptable use of any of the Services and governs your rights, obligations and restrictions regarding your use of the Services. Your use of any of the Services is subject to these Terms of Use and you are only authorised to use the Services if you agree to abide by all applicable laws and these Terms of Use. By using any of the Services, you are deemed to have accepted and agreed to be bound by these Terms of Use.

1.3 We may make changes to these Terms of Use from time to time. We may at our discretion notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site and/or through the Services. Your further use of any of the Services following changes to these Terms of Use will constitute your automatic acceptance of those changes and the revised Terms of Use. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes. If you do not agree with the changes, please discontinue use of the Services immediately.

1.4 In order to participate in certain Services, you may be required to agree to additional terms and conditions (“Service Terms”), and such Service Terms are hereby incorporated into this these Terms of Use by this reference. Any such Service Terms shall where applicable,apply solely to the applicable Service. To the extent that these Terms of Use are inconsistent with any Service Terms, the Service Terms shall prevail.

2. ABILITY TO ACCEPT TERMS OF USE

2.1 By using any of the Services, you confirm that you are either more than 18 years of age or possess legal parental or guardian consent approving your use of the Services, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

3. SERVICES ACCESS

3.1 You are responsible for all access to the Services using your internet connection and/or your device, even if the access is by another person whether with or without your knowledge and/or approval. You shall supply your own device to use the Services, and you shall bear the cost of any data services incurred in using the Services.

3.2 We will use reasonable efforts to ensure that the Services are available at all times. However, we cannot guarantee that the Services or any individual function or feature of the Services will always be available and/or error free. In addition, the Services may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Services.

3.3 To use the Services, you may be required to sign up for an account utilising mobile number verification or other forms of sign up information (e.g. ID login and password). When creating or updating an account, you are required to provide us with certain personal data, which may include your name, birthdate, e-mail address, and, in some cases, payment information. You shall provide genuine and accurate sign up information as requested by the Service. To the maximum extent permitted by law, we shall not be responsible for any misuse of information by any individual during or after the process of signing up for an account.

3.4 When you provide credit card information to us, you represent that you are the authorised user of the credit card that is used to pay the purchase of products (“Terms and Conditions of Sales”), subscription or other fees. If you order a subscription, for each month that you use the Services, you agree and reaffirm that we are authorised to charge your credit card for the subscription fee. You agree to promptly notify us of any changes to your credit card information, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is cancelled for any reason.

3.5 The fees for the Services may be revised from time to time at our sole discretion and notified by us to you by any reasonable means, including posting the revised fees on the Site and/or through the Services. By continuing to use the Services, you are deemed to agree to any revised fees. If you do not agree to the revised fees, you are required to immediately discontinue your use of the Services and we may, at our discretion, immediately terminate your subscription, plan, or other ongoing, paid-for Services, as applicable. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.

3.6 You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration, and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your account. You must notify us in writing immediately of any breach of security or unauthorised use of your account. You are not allowed, at any time, to transfer or lend their accounts to any third party.

3.7 Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services or where we have determined, in our sole discretion, that you have violated any part of these Terms of Use. If your account has been deleted for any reason whatsoever, you shall no longer be authorised to use the Services, and you agree that no claims shall lie against us or our agents or our service providers in connection therewith.

3.8 Although we will not be liable for your losses caused by any unauthorised use of your account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers due to any use of your account, whether authorised or unauthorised or with or without your knowledge.

4. ACCESS TO SERVICES IN YOUR LOCATION

4.1 We make no promise that the Services and/or the contents and materials of the Services are legal, appropriate or available for use in your location. You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit you from using or accessing the Services. If you choose to use the Services from outside of Singapore, you do so on your own initiative and are responsible for compliance with local laws and we shall not be liable for any claims, infringement, charges, penalties, fines and or losses of any nature whatsoever.

5. YOUR USE OF THE SERVICES

5.1 Subject to your compliance with all applicable laws, the Terms of Use and any other applicable guidelines, and your payment of any applicable fees, we grant you a limited, personal, non-transferable, non-exclusive and non-sublicensable licence to use the Services. You may not transfer or lend your account to any other person or use the Services for commercial purposes. Without prejudice to the generality of the foregoing, your use of the Services is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

5.1.1 Use the Services for any fraudulent and/or unlawful purpose, or use the Services in any way that would glorify, incite or endorse ethnic, racial or religious hatred, strife or intolerance;

5.1.2 Misrepresent or suggest any type of association, approval or endorsement by us, whether through the use of the Services or otherwise;

5.1.3 Use the Services in any way that is harmful to us, the Services or our reputation and/or to our affiliates or the reputation of any of our affiliates;

5.1.4 Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Services or any part of them;

5.1.5 Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Services;

5.1.6 Create software which mimics any data or functionality in the Services;

5.1.7 Use or deal in the Services except as permitted by these terms and conditions;

5.1.9 Use your access to the Services, or information gathered from it, for the sending of unsolicited bulk email;

5.1.10 Make any public, business or commercial use of the Services or any part of them;

5.1.11 Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without our prior written permission;

5.1.12 Use or process the Services or any part of them unfairly or for any illegal or immoral purpose;

5.1.13 Delete or obscure any copyright or other proprietary notice on the Services.

5.1.14 The Services may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of the Services and you expressly consent to our monitoring your computer's random access memory for said unauthorized third party programs

5.2 We reserve the right to require you to immediately remove any link or reference to the Services at any time and you shall immediately comply with any request by us to remove any such link or reference.

6. PURCHASES/PAYMENTS/REFUNDS

6.1 Subject to the Service Terms which may be applicable to any of the Services, you may use the Services to make payment and purchases subject to these Terms of Use and the following conditions:

6.1.1 We may, at our sole discretion, accept or reject your order, transaction and/or offer to purchase;

6.1.2 You may not cancel an order, transaction and/or offer to purchase once it has been submitted, even if our acceptance or rejection is still pending;

6.1.3 If, for any reason, we reject your order, transaction and/or offer to purchase, neither you nor us will be placed under any further liability to each other arising from your original order, transaction and/or offer or the non-acceptance by us. We are not obligated to provide reasons for rejecting your order, transaction and/or offer to purchase.

6.2 You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You acknowledge that we are not required to provide a refund for any reason, unless otherwise required by law. Where we utilise any third party payment systems (e.g. PayPal), any refunds will where applicable be subject to the terms and conditions of such third party payment systems and will be at their discretion.

7. INTELLECTUAL PROPERTY

7.1 The intellectual property rights in and to the Services and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and/or our licensors. You may not print, make copies, reverse engineer or otherwise infringe any of our or our licensors’ intellectual property rights of any such content without our express prior written permission.

8. LIMITATION OF LIABILITY

8.1 We provide the Services on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Services. To the maximum extent permitted by law, we expressly exclude:

8.1.1 All conditions, warranties and other terms that might otherwise by implied by law into these Terms of Use; and

8.1.2 Any and all liability to you (whether direct or indirect and of any nature whatsoever), whether arising under these Terms of Use or otherwise in connection with your use of the Services.

8.2 Neither PLAY-e Pte. Ltd. nor its parent company, subsidiaries or affiliates shall be responsible in any way for loss or damage of any kind arising out of your use of the Services or any part thereof, or your inability to use the Services or any part thereof, including without limitation direct damages, indirect damages, special, incidental, punitive, exemplary or consequential damages , damages for loss of profits, loss of data, loss of goodwill, work stoppage, computer failure or malfunction, any unauthorised access to, or the modification, use, interception, or obstruction of use of, computer material, or any and all other damages or losses, whether direct or indirect. Further and without prejudice to the generality of the foregoing, neither PLAY-e Pte. Ltd. nor its parent company, subsidiaries or affiliates shall be liable in any way for any loss or damage to any account or in-game information such as characters, virtual goods or currency, accounts, statistics, or user standings, ranks or profile information stored by the games and/or the Services. We shall not be responsible for any interruptions of service, including without limitation ISP disruptions, software or hardware failures, or any other event which may result in a loss of data or disruption of service. If and to the extent that any such liability cannot be excluded, in no case shall our liability exceed the amount, if any, that you paid to us during the six (6) months prior to the time your cause of action arose.

8.3 The foregoing is a comprehensive limitation of liability that applies to all loss or damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

9. COLLECTION OF PERSONAL DATA

9.1 We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here http://play-e.com/pdpa. Our privacy policy is incorporated by reference into these Terms of Use.

By using the Services, or by providing your personal data to us, you acknowledge that you have read and understood the privacy policy and agree to the collection, use and disclosure of your personal data in the manner described in the privacy policy.

10. DURATION OF TERMS AND TERMINATION

10.1 These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Services. If we terminate your access to the Services you will not have the right to bring claims against us with respect to such termination regardless of the reason for termination. We shall not be liable for any loss or damage resulting from the termination of your access to the Services.

10.2 The termination of these Terms of Use shall not affect or discharge any rights obligations and liabilities accrued or incurred prior to or upon termination of these Terms of Use, and shall not relieve the Parties of their respective obligations hereunder that by their nature should survive such expiration or termination.

11. GOVERNING LAW; DISPUTE RESOLUTION

11.1 These Terms of Use and the use of the Services will be governed by and construed in accordance with the laws of Singapore. A ny dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English.

12. SOLE REMEDY

12.1 You acknowledge and agree that your sole and exclusive remedy for any dispute with respect to your use of the Services is to discontinue your use of the Services, and to cancel all accounts registered to you.

13. INDEMNITY

13.1 To the fullest extent permitted by applicable laws, you agree to irrevocably indemnify and hold us, and our respective officers, agents, partners and employees, harmless from any direct or indirect loss, liability, claim, or demand, including legal fees, made by any third party due to or arising out of your use of the Services and/or your breach of these Terms of Use.

14. SEVERABILITY

14.1 The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

15. OTHERS

15.1 These Terms of Use constitutes the entire agreement between you and us regarding the use of the Services and all previous written or oral understanding, discussions, representations, correspondence and/or communications between the Parties relating to the matters covered by these Terms of Use are superseded.

15.2 Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

15.3 Save for any entity related to or otherwise within the group of companies under DeClout Limited, no person who is not a party to these Terms of Use, shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce any of the terms of these Terms of Use.

15.4 We reserve the right to amend, modify, add to or otherwise vary these Terms of Use from time to time by giving seven (7) calendar days’ notice thereof to you and any such amendment, modification or variations shall take effect as form the date specified in such notice. Any such notice given by us in accordance with this clause, by posting on any Site or by otherwise making public such notice in any other manner deemed appropriate by us, shall constitute good and sufficient notice thereof to you by us and shall be deemed to have been received by you in accordance with this clause or on the date of such posting or the making public of such notice, as applicable. Your continued access to and use of the Services (including the making of any payment request) shall be deemed to be your conclusive acceptance of such amendments, modifications or variations to these Terms of Use and you shall be bound by these Terms of Use so amended.

15.5 Without prejudice and in addition to any right of set-off to which we are otherwise entitled, we may, at any time, upon written notice to you, set-off any amounts owing by you to us against any amounts which we owe to you. Notwithstanding the foregoing, in the event that you breach any provision of these Terms of Use, we may perform such set-off without notice to you.

15.6 You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms of Use without our prior written consent. We may assign and transfer any or all of our rights, interests and obligations under these Terms of Use to any person. Any such assignment or transfer shall take effect upon posting on our Site or on such date as may be otherwise stated. In the event that we assign and transfer all our rights, interests and obligations under these Terms of Use:

15.6.1 all references to Play-e or us in these Terms of Use shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee thereof; and

15.6.2 such assignee and transferee shall be entitled to enforce all rights and perform all obligations of us and to be paid all sums due from you under these Terms of Use as at the date of such assignment and transfer thereafter.

16. NOTICES AND CORRESPONDENCE

16.1. All notices and communications by Play-e to you may be sent or dispatched to you by delivery, post, e-mail, SMS or facsimile transmission or any other means deemed appropriate by Play-e, to your e-mail or other address or mobile or facsimile number appearing in any of your records maintained by Play-e or from which any communication by you to Play-e was dispatched or issued or otherwise last known to Play-e. Any such notice, demand or communication addressed and so dispatched to you shall be deemed to have been received by you:

16.1.1 in the case of dispatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by Play-e;

16.1.2 in the case of dispatch by delivery to your address, on the date and at the time it was so delivered or left at that address; and

16.1.3in the case of dispatch by post:

(i) to any address in Singapore, on the next day after it was posted by Play-e; or

(ii)to any address outside Singapore, on the seventh (7th) day after it was posted by Play-e.

16.2. All notices and requests from you to Play-e shall be in writing unless otherwise specified by Play-e to you. Play-e shall be entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by Play-e to you.