Welcome to Playforge
These Terms of Service (“Terms”) govern your use of the websites, mobile
applications and services (collectively, the “Services”) provided by Playforge Ltd.
1. General
These Terms applies to all users of the Services, including without
limitation
users who are sellers, buyers, merchants, or contributors of content, information and other materials.
If
you are entering into this agreement for and on behalf of a business entity, and the term “you” in this
agreement shall mean the business entity on whose behalf you are using the Services, unless the context
does
not permit. These Terms are between you and Playforge Pte. Ltd. or between you and any different service provider
identified
for a particular Service. By using the Services in any manner, including but not limited to visiting or
browsing the Services, you agree to observe and be bound by these Terms and the additional terms and
conditions and policies referenced herein and/or available by hyperlink. Playforge reserves the right to change or modify these Terms at any time. You will be deemed to have
agreed
to
the amended Terms by your continued use of the Services following the date on which the amended Terms
are
posted here.
2. Use of the Services
Subject to your compliance with these Terms, Playforge grants you a
limited,
non-exclusive, revocable (with or without cause),non-transferable right and license to use the
Services. Playforge acts as a venue for users to interact with each other, and to buy and sell items or services.
Playforge
does not pre-screen a user or the Content provided by a user, nor is Playforge directly involved in
transactions
between users. Consequently, Playforge has no control over, and you agree that Playforge is not
responsible
or
liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of
buyers
to pay for items
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
You shall use the Services in accordance with these Terms and shall
not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of
publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt,
interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from
the
Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and
trademark) of
Playforge or its affiliates, partners, suppliers or licensors.
- Use the Services to create or promote a product, service or software that is, directly or
indirectly, competitive with or in any way a substitute for the Services or any services,
product or
software offered by Playforge.
- Use any proprietary information or interfaces of Playforge or any other intellectual property of
Playforge
in the design, development, manufacture, licensing or distribution of any application,
accessories
or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive,
indecent,
threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent,
tortious,
obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise
objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or
promotional
material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or
redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access,
acquire, copy or monitor any portion of the Services, or any data or content found or access
through
the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or
inappropriately
manipulates any promotion, campaign and/or discount codes offered through the Services. Such act
and
activities include but are not limited to: creating fake or duplicate accounts; generating fake
orders; buying and reselling your own inventory..
- Authorise or encourage anyone to do any of the foregoing.
Playforge reserves the right to terminate or suspend your account,
if
you
are subsequently found or suspected to be engagedin any activity or act that is inbreach of
these
Terms, our guidelines, anyadditional terms and conditions and policies
3. Account
You would need to have an account with Playforge (“Account”) in order to
use
some
parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”),you have
authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the
consent of and under the supervision of your parent or legal guardian who shall be responsible for all
your
activities.
You are responsible for all activities and transactions under your Account. We will not be responsible
in
any way if your password and/or Account are misappropriated or used by a third party. You therefore
agree to
keep your password secure and your account information up to date at all times.
Comply with Playforge’s prevailing policies and guidelines(which form a part of these Terms)and all
applicable
laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by Playforge and subject to these Terms and any other additional terms as
Playforge
determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or
user ID to another party and must not use another user's Account without their permission.
4. Content
The Services allow users to create listings and share content, such as
photos,
videos, comments, data, text, links and other information (“Content”).
You retain ownership rights in the Content which you upload or share on the Services but you grant
Playforge
a
worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use,
display,
reproduce, modify, adapt, edit, publish and distribute such Content (subject to Playforge’s Privacy
Policy)
for
the purpose of operating, developing, providing, promoting, and improving the Services and to research
and
develop new products and services.
You understand and agree that you are solely responsible for the Content which you post or share on or
through the Services and any loss or damage which you sustain as result of such Content is solely your
responsibility.
You acknowledge that Playforge does not pre-screen Content uploaded by users. Playforge shall have the
right
(but
not the obligation) in its sole discretion to refuse, delete or move any Content that is available on
the
Services. Without limiting the foregoing, Playforge shall have the right to remove Content,without
liability
or
the obligation to offer a refund,in any of the following events:
- If the Content is in breach of these Terms.
- If Playforge has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Playforge may also block Content and the delivery of a communication (including, without limitation,
feedback,
postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or
users, or to otherwise enforce these Terms.
5. Buying and Selling
These Terms of Service (“Terms”) govern your use of the websites, mobile
applications and services (collectively, the “Services”) provided by Playforge Ltd.
- All items must comply with these Terms and Playforge's policies
- You must provide a fair, accurate and complete description of each item, including your price
for
the item.
- Each item,and/or offer of services must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content
relevant to the item.All Content contained in a listing must be true, complete, accurate and not
misleading in any manner whatsoever.
- All items,and/or offer of services must be listed in the appropriate category.
- Any links included in your listing should be for reference only must not include any links to
third
party websites which divert the transaction out of Playforge
Without prejudice to the rest of these Terms and Playforge’s policies, you warrant, in respect ofeach
services
and/oritem which you offer for sale on the Services (as the case may be),that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party's copyright, patent,
trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the
intellectual property rights or proprietary rights of a third party.
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item, you agree to ship the item or
otherwise
complete the transaction with the buyer in a prompt manner
Please kindly note that failure to provide such information or providing false or misleading information
may
result in the commission of an offence for which Playforge shall not be liable.
6. Fees
You acknowledge and agree that you may be charged card fees, commission
fees
and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by Playforge, as
follows:
Buyer (Payment Processing Fee): If you are a buyer of a transaction, once your order is accepted, the
Transaction Fees applicable to such order (as stipulated during your order process) shall be charged
from a
credit or debit card or a PayPal account you successfully connect through the Platform.
Seller (Commission Fee): If you are a seller of a successful transaction, the Transaction Fees
applicable to
such order (as stipulated during your order detail form) shall be deducted from the payment that is due
to
you from the buyer of the same transaction.
You can read more about the Transaction Fees in the FAQ (under their respective Buying and Selling
sections).
6.1. Payment Services Provider
In order to provide the Payment Services, you acknowledge that Playforge
may
integrate the services provided by certain service providers, subcontractors, partners and/or agents
(“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment
processing services subject to their respect Additional Terms. In order to use the Payment Services, you
agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers
from time to time, and other applicable Additional Terms.
Information required for Payment Services: In order to use the Payment Services, you must provide
Playforge
and/or its related corporations with accurate and complete information required for the Payment Services
including account information for at least one valid debit or credit card or a valid PayPal account
through
the Platform. Playforge and/or its related corporations uses such information as described in the
Privacy
Policy, and you acknowledge and agree that we may use certain third-party service providers including
Xendit
and PayPal to process payments and to manage the account information you have provided to us. Playforge
does
not
keep your debit or credit card details.
By providing the account information for a credit or debit card or PayPal, you represent and warrant,
that:
(i) you are legally authorised to provide such information to us; (ii) you are legally authorised to
perform
payments from the account(s) you have provided to us; and (iii) such action does not violate the terms
and
conditions applicable to your use of such account(s) or applicable law. When you authorize a payment
using
any such account(s) via the Platform, you represent and warrant that there are sufficient funds or
credit
available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant
processing
partner and your financial institution. You will bear all fees that may be charged by such processing
partners and/or your financial institution (if any) for the selected payment method.
You agree to authorise Playforge and/or its related corporations to process the Payment Services on your
behalf
including but not limited to making, accepting and/or refunding any payments, in accordance with this
Clause
9.
6.2. Additional Terms
If you use any of the Payment Services, you acknowledge that such services
shall be subject to or governed by additional terms and conditions of third party service providers,
partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional
Terms
including the terms and conditions set out in the Xendit and PayPal terms and conditions, which may be
modified or updated from time to time, and any other terms and conditions that may be referred to or
incorporated within such Additional Terms.
You further agree that you are responsible for all purchases and/or sales made under your Account,
including
transactions which you did not authorise.
7. Disputes with users
If you are in dispute with a user of our Services, you are encouraged to
contact that user to resolve the situation amicably. If the dispute is notified to Playforge, Playforge
will
attempt
in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same.
You
release Playforge from any claims, demands and damage arising out of your disputes with users of our
Services.
You acknowledge and agree that Playforge may, at its sole discretion: (i) freeze and hold the money paid
in
connection with the Disputed Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return
or
provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the seller to refund
the
Disputed Money to Playforge (or its related corporations) or the buyer; and/or (iv) require the seller
to
exchange the Disputed Item with a replacement for the buyer. You agree to comply with all Playforge
instructions
in accordance with this Clause.
In the event of a Disputed Transaction which involves an investigation by the police or other government
or
regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of
governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii)
any
claims made by any third party relating to the Disputed Money, Playforge may, at its sole discretion:
(a)
freeze
and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b)
thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at
Playforge's
reasonable discretion.
8. Privacy
Your privacy is very important to us at Playforge and we have provided the
Playforge
Privacy Policy, which can explain our privacy practices. Please review the Privacy Policy to understand
how
Playforge collects, uses and discloses information collected and received from you.
9. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents,
trademarks, trade secrets and other intellectual property rights associated therewith are, and shall
remain,
the property of Playforge. Furthermore, you acknowledge and agree that the source and object code of the
Services and the format, directories, queries, algorithms, structure and organization of the Services
are
the intellectual property and proprietary and confidential information of Playforge. You are not granted
any
intellectual property rights in and to the Services not expressly granted in these Terms and such rights
are
hereby reserved and retained by Playforge.
The Services may utilise or include third party software that is subject to open source and third party
licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third
Party
Software as part of the Services is subject to and governed by the terms and conditions of the open
source
and third party licenses applicable to such Third Party Software, including, without limitation, any
applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict
between these Terms and the terms of such open source or third party licences, the terms of the open
source
or third party licences shall prevail with regard to your use of the relevant third party software. In
no
event shall the Services or components thereof be deemed to be open source or publicly available
software.
You are not authorised by Playforge to use Playforge’s trademarks in any advertising, publicity or in
any
other
commercial manner without the prior written consent of Playforge, which may be withheld for any or no
reason.
10. Reporting Unauthorised Content
Playforge respects the intellectual property rights of others and we expect
the
same of our users. If you believe that there has been unauthorised use of your intellectual property
rights
by a user, please follow the steps providedhereto report the same to us.
Playforge reserves the right to suspend or terminate your account and/or your access to the Services if
there
are repeat complaints against you of intellectual property infringement.
11. Suspension and Termination
You may deactivate your Account at any time through the “Settings” section
of
your Account.
Playforge reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any breach
of
these Terms, our guidelines, anyadditional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services at any time, for any
reason,
and
without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any
part of
the
Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your
Account,
you will lose any information associated with your Account, including Content. It is your responsibility
to
backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
11.1. Seller / Merchant services
To onboard as a seller, you must provide truthful and accurate information
about yourself on the Account registration page and keep that information up-to-date. You may not share
your
Account with others and are solely responsible for following our seller policies and seller code of
conduct.
You are responsible for all activity associated with your Account. We may stop your Account or
permanently
remove any content from any of our Services at our reasonable discretion if we have reasonable grounds
for
believing you have violated any of these Terms. References to “Stopping” or to “Stop” an Account
includes
temporarily or permanently disabling, suspending, or banning an Account.
If your Account is disabled or banned, you will not be able to access your Account and any services
previously granted, it will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR
ENTIRE ACCOUNT, AND ANY STORE DATA OR ANY FUND WITHHOLDING IN IT. We are under no obligation to
compensate
you for any losses that result from your Account being disabled or banned due to violations of stated
terms
and conditions, so please be sure that you read our policies and seller code of conduct and DO NOT
violate
them.
12. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and
“as
available” basis, and that your use of or reliance upon the Services and any content, products or
services
accessed or obtained thereby is at your sole risk and discretion.
Playforge does not represent or warrant that: (a) the use of the Services will be secure, timely,
uninterrupted or error free or that they will be compatible or operate in combination with any other
hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c)
errors
or defects in the Services will be corrected; or (d) the Services and Playforge’s servers are free of
viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise,
including,
without limitation, any implied warranties of merchantability, fitness for a particular purpose, and
non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the
Internet
and electronic communications (including problems inherent to the computer or electronic device you
use).
Playforge is not responsible for any delays, delivery failures, damages, or losses resulting from such
problems.
No advice or information, whether oral or written, obtained by you from Playforge or from the Services
shall
create any representation, warranty or guarantee. Furthermore, you acknowledge that Playforge has no
obligation to support or maintain the Services.
Playforge disclaims any and all liability or responsibility in relation to the content made available
through the Services, including but not limited to the Content uploaded by users or the third party
content
and services. Playforge is not responsible or liable in any manner for the third party content and
services
associated with or utilized in connection with the Services, including the failure of such third party
content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or
other
activities which may be conducted online or offline and which may be conducted by third parties. These
activities may be subjected to separate terms and conditions; your participation in such activities is
solely at your digression and risk. Playforge does not accept any responsibility in connection with your
participation in activities conducted by any other party.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS
OR
DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY
USE
OF THE SERVICES.
IN NO EVENT SHALL Playforge OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE
FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH
YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND
SERVICES, OR
ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE
USE
OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER
DAMAGES
RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES,
WHETHER
OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Playforge WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Playforge’S AGGREGATE LIABILITY TO YOU
(WHETHER
UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY Playforge IN
RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMSOR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF
DOLLARS THEN STANDING TO THE Playforge COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL
APPLY
EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Indemnity
You will indemnify and hold harmless Playforge, its subsidiaries,
affiliates,
partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents
and
all successors and/or assigns from and against any and all actions, claims, proceedings, damages,
losses,
costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your
Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or
(f)
your violation of any rights of another person or entity.
15. Miscellaneous
You and Playforge are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these
Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect
the
parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Playforge to exercise a right or require performance of an
obligation in these Terms shall not affect Playforge’s ability to exercise such right or require such
performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver
of
any subsequent breach.
These Terms constitute the entire agreement between you and Playforge and supersedes all prior or
contemporaneous understandings and/or agreements between you and Playforge.
16. Governing Law and Jurisdiction
You hereby agree that the laws of United Kingdom shall govern this Terms and
that
the courts of United Kingdom shall have non-exclusive jurisdiction over any dispute arising out of or in
connection with these Terms.