These Terms of Service govern your rights and obligations, as users of the Portals administered and managed by SEA ONLINE GAMER MALL (SEAON9). Unless otherwise provided by SEAON9, all Portals introduced and managed by SEAON9 shall be governed by these Terms of Service.
By registering an account with SEAON9 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 SEAON9 at any time or from time to time at its absolute discretion.
1. DEFINITIONS
In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:
Account: means your account duly registered with SEAON9 to facilitate you using the Services available on the Platform (or any of them);
CD-Key: means an electronic key which is used to activate a video game;
Digital Items: means digitized content, such as CD Key, Gift Card, Time Card, Game Points, Game Key.
Gift Card: means an electronic gift card purchased on any of the Platform which contains a stored value available for redemption on the Platform;
Game Points: means a game currency that can be spent on a particular game to acquire items or services;
Game Key: means an activation key containing letters and numbers for a particular game;
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, SEAON9 and you and “Party” shall mean any one of them;
Portals: means collectively, the web portals presently known as SEAON9.com and such other web portals of SEAON9 introduced, administered and managed by SEAON9 from time to time;
Services: means the services provided by SEAON9 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;
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 SEAON9 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 SEAON9 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;
Time Card: means a type of voucher that allows a player to activate or renew subscription time to a particular game;
Wallet Credit/Store Credit: means the electronic credit value available in the Account at any time;
2. LICENCE TO USE
In consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, SEAON9 hereby grants you a non-exclusive, non-transferable licence to access the Platform and use the Services upon the terms and subject to the conditions stated herein.
3. REPRESENTATIONS AND WARRANTIES
Each time when you access the Portals (or any of them), you irrevocably and unconditionally represent and warrant that:
(A) you are of legal age in your country to access the Portals and by using the Services, you and your parent or guardian accept and agree to be bound by these terms.
(B) you represent that you have either reached the age of “majority” or “legal responsibility” where you live, or your parent or legal guardian agrees to be bound by these Terms on your behalf.
(C) 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;
(D) 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;
(E) save as otherwise permitted by SEAON9, you shall not, directly or indirectly, use the Services for any commercial purposes;
(F) 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;
(G) you shall not use any intellectual property belonging to SEAON9 or any publishers listed on the Platform, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of SEAON9; and
(H) 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 SEAON9.
4. USE OF SERVICES
(A) 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)
(B) It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that SEAON9 may issue from time to time. SEAON9 shall not be liable for any errors, losses or damages caused by your use of the Services.
(C) It is your responsibility to secure the information of your Account. Any notification or confirmation received by SEAON9 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.
(D) SEAON9 shall not be liable for acting on the notification or confirmation sent through your Account. SEAON9 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 SEAON9 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
(E) SEAON9 upon receipt of incomplete, garbled or inaccurate data or information from SEAON9. You shall also immediately notify SEAON9 upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
(F) You acknowledge and agree that SEAON9 may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
(G) Unless otherwise permitted by SEAON9 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.
(H) 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.
(I) You irrevocably and unconditionally allow and permit SEAON9 to send to your Account updates on services and events offered or provided by SEAON9.
5. DIGITAL ITEMS
(A) The value of the Digital Items reflected in the Account does not represent any credit value in real currency. The Digital Items cannot be exchanged for real cash.
(B) Unless otherwise permitted by SEAON9 in writing, you are prohibited from selling, transferring or otherwise dispose of the Digital Items to any other persons, whether within or outside the confines of the Portals (or any of them).
6. PAYMENT
(A) You may pay for the Services in such currency that is available on the Platform in accordance with the prevailing exchange rate determined by SEAON9 at its absolute discretion.
(B) 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.
(C) SEAON9 shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
(D) SEAON9 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.
(E) If you encounter any difficulties, please do not hesitate to contact our technical support for further assistance.
7. AVAILABILITY OF SERVICES
(A) The Services are usually available on a daily basis unless otherwise specified herein.
(B) 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 SEAON9. SEAON9 makes no warranty that the Services will be available at the times stated herein.
(C) Unless otherwise provided in these Terms of Service, SEAON9 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.
(D) Notwithstanding any provisions to the contrary in these Terms of Service, SEAON9 shall be entitled to:
- immediately terminate, discontinue, withdraw or suspend your use of the Services; or
- impose conditions or restrictions on your use of the Service.
(E) In addition to above, if you do not utilise the Services for a continuous period of three (3) months, SEAON9 may, at its absolute discretion, charge a fee for the maintenance of your Account.
8. WALLET CREDIT
(A) To use Wallet Credit, you must maintain sufficient Wallet Credit in the Account before you use the Services.
(B) Wallet Credit can be topped-up in the Account through the payment methods listed on the Portals. Wallet Credit can be used to purchase any of the Services or Digital Items.
(C) If there is insufficient Wallet Credit when you purchase any of the Services, SEAON9 shall have the absolute discretion to either:
- reject or suspend the transaction; or
- require you to pay the shortfall through any of the other methods of payment available on the Portals.
(D) SEAON9 shall, as and when it deems fit, amend, modify, remove or add any Wallet Credit or Wallet Credit account without prior notice to you.
(E) The Wallet Credit in the Account shall automatically expire, without prior notice given by SEAON9, on the last day of the second (2nd) year from the day when the Wallet Creditt was first credited into the Account or such other timeframe as SEAON9 may determine.
(F) When the Account is closed, Wallet Credit is no longer accessible by you and any remaining balance of Wallet Credit will be refunded.
9. GIFT CARD
(A) Each Gift Card must be redeemed in a single transaction by purchasing any Services on any of the Portals.
(B) If the transaction value is more than the Gift Card value, such Gift Card value in excess of the transaction value will be credited into the Account as Wallet Credit.
(C) If the transaction value is more than the Gift Card value, you are required to settle the shortfall with the Wallet Credit available in the Account or such methods of payment available on the Portals.
(D) The Gift Card has a set dollar value that is printed on the front of the Card and cannot be used to purchase other Gift Cards.
(E) Each Gift Card is not transferable and cannot be exchanged with cash.
(F) SEAON9 shall not be liable for any Gift Card that is stolen, misplaced or misused without authorisation. For the avoidance of doubt, SEAON9 shall not be obliged to enquire or verify at the redemption of the Gift Card, if such Gift Card has been properly obtained.
(G) SEAON9 shall not be held responsible for the loss or damage of the Gift Card and any losses or damages suffered by the holder of the Gift Card that arise from or are in connection with the loss or damage of the Gift Card.
(H) Notwithstanding above, if SEAON9 has any doubts as to the authenticity of a Gift Card, SEAON9 shall have the absolute discretion to withhold, suspend or cancel such Gift Card without any prior reference to you.
(I) SEAON9 reserves the right to deactivate/disable the Gift Card if it is fraudulently obtained or used in any means of payment for unsanctioned services unauthorized by SEAON9.
(J) Each Gift Card shall be subject to such further rules and regulations as SEAON9 may introduce at any time or from time to time.
(K) Each Gift Card shall automatically expire, without prior notice given by SEAON9, on the last day of the second (2nd) year from the day when that Gift Card was first purchased or such other timeframe as SEAON9 may determne.
10. LIMITATION ON LIABILITY
You agree and confirm that you shall not hold SEAON9, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Service.
11. INTELLECTUAL PROPERTY RIGHTS
All copyrights, trade marks, service marks belong to the corresponding publishers/owners/developers and SEAON9 is not related or associated to any of the said publishers/owners/developers in any respect. All services offered on the Platform are offered by SEAON9, not the publishers/owners/developers.
12. RELIABILITY OF PORTALS
(A) You are aware that all transactions conducted on the Portals are through telecommunication and data network, and may be subject to disruption due to technical malfunctions, defects, or problems by reason or in connection with the network provider.
(B) You are fully aware that your receipt of the notification from SEAON9 and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties.You accept that SEAON9 cannot guarantee the prompt delivery of such notification or confirmation.
(C) You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
13. ACCOUNT
(A) You shall immediately notify SEAON9 if you are aware or believe your Account has been hacked or compromised.
(B) You shall be liable for all transactions conducted through your Account at any time prior to the receipt by SEAON9 of your notification as stated above.
(B) You shall be liable for all transactions conducted through your Account at any time prior to the receipt by SEAON9 of your notification as stated above.
14. DISCLOSURE OF INFORMATION
SEAON9 shall be entitled and you irrevocably and unconditionally consent and authorise SEAON9 to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the
(A) such persons as SEAON9 may be required to disclose under the applicable law;
(B) such other persons or entity pursuant to any governmental directive or order of the court; or
(C) any other party to whom disclosure is deemed to be reasonably necessary by SEAON9 in relation to the provision of Services to you.
(D) Save as otherwise permitted above, SEAON9 will not disclose your personal information to any other party without prior notification to you.
15. APPLICABLE LAWS AND REGULATIONS
(A) Your use of the Services shall be governed by the jurisdiction where the contracting entity of SEAON9 is domiciled.
(B) Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
(C) For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
(D) You shall fully indemnify, defend and hold SEAON9 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 15.
16. TERMINATION, CANCELLATION OF SERVICES
(A) The Services (or any part thereof) may be cancelled by SEAON9 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 SEAON9 may at its absolute discretion determine.
(B) SEAON9 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 SEAON9 may at its absolute discretion determine.
(C) Upon cancellation or termination of the Services (or any part thereof):
- all rights granted to you hereunder shall immediately terminate and shall revert to SEAON9;
- you shall immediately pay to SEAON9 all outstanding fees and charges due and owing to SEAON9;
- SEAON9 may at its absolute discretion, decide not to act on any request received by SEAON9 after the effective date of termination;
- SEAON9 may at its absolute discretion, decide not to act on any confirmation or request received by SEAON9 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 authorises SEAON9 to deduct all money due and owing by you to SEAON9 (if any) from the moneys that are payable by SEAON9 to you in respect of the delivered Purchased Items.
17. NOTICES
(A) All notices and documents required to be given by you under these Terms of Service to SEAON9 shall be sent to [email protected]
(B) SEAON9 shall be deemed served when such notice or document is received by SEAON9.
(C) All notices and documents required to be given by SEAON9 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 SEAON9’ records;
- posting the notice or communication on the Portals;
- notices placed with or in any of SEAON9’ written communications to you;
- notices placed through any media.
- any manner of notification as SEAON9 may at its absolute discretion determine.
(D) Any notice or document or communication through electronic mail or any other form of communication given by SEAON9 to you shall be deemed to be served and received by you on the day following the date of transmission of such notice or document.
18. WAIVER AND SEVERANCE
(A) Any failure by SEAON9 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.
(B) 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 SEAON9 shall be entitled to amend that provision in such reasonable manner as would achieve the object and intention of SEAON9 as to the void, voidable, illegal or otherwise unenforceable provision.
(C) In any event, if any provision of these Terms of Service is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms of Service, which shall remain valid and enforceable.
19. VARIATION
(A) These Terms of Service may be modified, added to, deleted or varied by SEAON9 by way of posting on the Platform or in any such other manner as SEAON9 may in its absolute discretion determine.
(B) 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).
20. ASSIGNMENT
You may not assign rights under these Terms of Service without the prior written consent of SEAON9.
21. RETURN AND REFUND POLICY
Any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key purchased into your account is neither refundable nor exchangeable.
Softpin/PIN Code Disclaimer:
(A) 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 SEAON9.com, this would mean you agree that all information you have entered are accurate and correct.
(B) Any purchase of Pre-Order, CD Key, Time Card, Expansion, Game Point, Prepaid Card, Trial/Beta/Item Code, Game Key from SEAON9.com are non-refundable, non-transferable, and not exchangeable once sold.
(C) SEAON9 shall not be held responsible for the loss or damage of the Gift Card and any of the losses or damages suffered by the holder of the Gift Card that arise from or in connection with the loss or damage of the Gift Card.
(D) If your purchase is eligible for refunds(if applicable), please contact our Live Support.
(E) SEAON9 reserves the right to amend any of the terms and conditions above without prior notice.
Direct Top Up Disclaimer:
(A) 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.
(B) SEAON9.com 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
SEAON9.com, the customer understands, acknowledges and accepts this release of liability.
(C) If you encounter any difficulties, please do not hesitate to contact our Live Support for further assistance.
22. BINDING EFFECT
These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.
These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.