1. USER CONDITIONS
Thank you for accessing this Website (https://www.arcadegamecards.com). Please read these Terms before using this Website which is operated by Your Company Pte Ltd, a company registered in Singapore with company registration number [●], whose registered office is at [●] (“Arcade Game Cards”, “we” or “us”). We operate this Website for the purpose of promoting and selling the products supplied by us in Singapore. By using this Website, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify these conditions so please continue to review the conditions of use whenever accessing or using this Website. If at any time you do not wish to accept these conditions then you may not use this Website.
2. COPYRIGHT NOTICE FOR PROPRIETARY MATERIALS OF ARCADE GAME CARDS
This Website and all proprietary materials, text, code, Proprietary Content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Proprietary Content”) are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Website is entitled to view any part of it. However, the Proprietary Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this Website must be notified to and approved by us before they are created or steps are taken to create the same. All other trademarks and Proprietary Content not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
3. USER CONTENT
- This Website allow users to create listings and share User Content, such as photos, videos, comments, data, text, links and other information (“User Content”).
- You understand and agree that you are solely responsible for the User Content which you post or share on or through the Services and any loss or damage which you sustain as result of such User Content is solely your responsibility.
- You acknowledge that Arcade Game Cards does not pre-screen User Content uploaded by users. Arcade Game Cards shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content that is available on the Services. Without limiting the foregoing, Arcade Game Cards shall have the right to remove User Content, without liability or the obligation to offer a refund, in any of the following events:
- If the User Content is in breach of these Terms.
- If Arcade Game Cards has received a complaint or notice of infringement in respect of the User Content; or
- If the User Content is otherwise objectionable.
- If Arcade Game Cards has received a complaint or notice of infringement in respect of the User Content; or
- Arcade Game Cards may also block User 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.
- You would need to have an account with Arcade Game Cards (“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; and
- 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;
- Keep your account information up to date at all times; and
- Comply with Arcade Game Cards’s prevailing policies and guidelines and all applicable laws with respect to your activities and the Content which you upload to the Services.
- Unless expressly permitted by Arcade Game Cards and subject to these Terms and any other additional terms as Arcade Game Cards 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.
- Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, and/or fees and charges otherwise in relation to your Account or listing (collectively, the “Arcade Game Cards Fees”).
- You may pay your Arcade Game Cards Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer or through any of the methods as may be made available on our website or as may be notified to you from time to time.
- Save as set out in this Clause, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Arcade Game Cards Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- You shall make prompt payment of all Arcade Game Cards Fees, in full before the due date stipulated by Arcade Game Cards for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Arcade Game Cards, without prejudice to any other rights or remedies available to us, Arcade Game Cards shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Arcade Game Cards Fees and any legal fees and collection costs incurred by Arcade Game Cards in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
- In the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Arcade Game Cards reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
- You may be charged a listing fee in accordance with Arcade Game Cards’s prevailing listing fees’ rules and charges.
- You acknowledge and agree that Arcade Game Cards does not represent or warrant that any Arcade Game Cards Fees paid or payable will lead to a like, offer, chat and by extension, sale; and there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any User Content has been removed in accordance with these Terms.
6. NO RELIANCE
- Whilst we take steps to ensure the accuracy of the information accessed via this Website, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third-party details and you acknowledge that any reliance on such information will be at your own risk.
- The Services provide a venue for users to interact with each other, and to buy and sell items. Arcade Game Cards does not pre-screen a user or the Content provided by a user, nor is Arcade Game Cards directly involved in transactions between users. Consequently, Arcade Game Cards has no control over, and you agree that Arcade Game Cards 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; or
- Any Content posted by users.
- You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Arcade Game Cards endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
7. SELLING AND BUYING ON ARCADE GAME CARDS
- In using the Services to create a listing and offer an item for sale, you agree to comply with the following:
- All items must comply with these Terms and Arcade Game Cards’s policies
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item 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 User Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- The sale of items must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by any Ministry in Singapore.
- Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
- Without prejudice to the rest of these Terms and Arcade Game Cards’s policies, you warrant, in respect of each item 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 unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer’s identity.
- You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item’s price after a sale, or misrepresent the item’s location and price.
- If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
- In communicating with a user through the Services for the offering of or acceptance of purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
- Notwithstanding the foregoing, as Arcade Game Cards is not involved in Transactions which are considered solely between users, Arcade Game Cards cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
8. NO WARRANTY FROM ARCADE GAME CARDS
This Website and its content are provided “as is” excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the Website and make no warranty that the Website will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that any content of this Website is suitable for a particular purpose.
9. ARCADE GAME CARDS LIMITATION OF LIABILITY
You acknowledge that your use of this Website and its content is at your own risk. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise.
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 ARCADE GAME CARDS 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 ARCADE GAME CARDS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARCADE GAME CARDS’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY ARCADE GAME CARDS IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We care about the security of our users. While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We do not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors, viruses, worms or “Trojan horses” and we shall not be liable for any damage you may suffer as a result of such destructive features.
Please notify us immediately of any compromise or unauthorized use of your account by emailing us at [●].
11. LIMITATIONS OF USE
You will not, or will not attempt to:
- modify, distribute, alter, tamper with, repair, or otherwise interfere with the proper functioning of any part of the Website or its content;
- introduce to the Website any virus or other contaminants that may be used to interfere with the proper functioning of any part of the Website or attempt to circumvent any physical or electronic security or audit measures site or its content;
- without our prior written consent, access, collect or remove from our Website, or its contents any data, confidential information, computer systems, and/or other property of us, our affiliates, employees, customers or other users of this Website;
- circumvent any physical or electronic security or audit measures employed by us;
- 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.
- Violate any applicable laws, rules or regulations in connection with your access or use of 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 Arcade Game Cards or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- 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 Arcade Game Cards.
- Use any proprietary information or interfaces of Arcade Game Cards or any other intellectual property of Arcade Game Cards 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.
- 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.
12. PROTECTION OF PERSONAL INFORMATION
13. VALIDITY OF PROVISIONS AND REMEDIES
If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
We or you may terminate this agreement at any time. We may terminate this agreement immediately without notice if, in our sole judgment, you breach any term or condition of this agreement. Upon termination of the agreement, you are required to destroy: (a) all materials obtained from all our Websites, (b) all related documentation and all copies and installations (together, the “Materials”); and (c) you shall cease all access and use of the Website. Upon termination, you must destroy all Materials. For the avoidance of doubt, our Copyright Notice will survive the termination of this contract.
16. LINKS TO THE WEBSITE
Websites or pages to which this Website is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
17. GOVERNING LAW AND JURISDICTION
These conditions shall be governed by, and construed in accordance with, the laws of Singapore without reference to principles of conflicts of laws. The Parties (“you” and “us”) agree to submit to the exclusive jurisdiction of the courts of Singapore.
If you have a complaint, question, or dispute regarding the Website, you are encouraged to bring it to our attention. You may contact us at [●], and we will try to address your concerns.
18. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
19. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [●]. You may also contact us at our office in [●].
Date Last Amended:
[A1]Do you envision overseas users setting up accounts?