LAST UPDATE: 10/02/2017
- 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.
- 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. Y ou 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.
3.8 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.
- 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.
- YOUR USE OF THE SERVICES
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;
5.1.8 Use your access to the Services, or information gathered from it, for the sending of unsolicited bulk email;
5.1.9 Make any public, business or commercial use of the Services or any part of them;
5.1.10 Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without our prior written permission;
5.1.11 Use or process the Services or any part of them unfairly or for any illegal or immoral purpose;
5.1.12 Delete or obscure any copyright or other proprietary notice on the Services.
5.1.13 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.
6.1.1 We may, at our sole discretion, accept or reject your order, transaction and/or offer to purchase;
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.
- 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.
- 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:
8.2 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.
- COLLECTION OF PERSONAL DATA
- DURATION OF TERMS AND TERMINATION
- GOVERNING LAW; DISPUTE RESOLUTION
- 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.
- 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
16.1.3 in 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.