tos

These Terms of Service govern your rights and obligations, as users of the Portals administered and managed by OffGamers. Unless otherwise provided by OffGamers, all Portals introduced and managed by OffGamers shall be governed by these Terms of Service.

By registering an account with OffGamers and continued use of the Portals, it shall be deemed as acceptance of these Terms of Service by you., You hereby acknowledge and accept that your continued usage of the Portals shall be governed by these Terms of Service and any other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by OffGamers at any time or from time to time at its absolute discretion. Such other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered shall be deemed to be incorporated by reference and form part of these Terms of Service.

The Services are provided by OffGamers Global Pte. Ltd. (“OffGamers”), located at 50 Tagore Lane, #04-11C Entrepreneur Centre, Singapore 787494.

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 OffGamers to facilitate your use of the Services available on the Portals (or any of them);

CD Key: means a printed matter containing letters and numbers, found on a card, sticker, or disc included with your game’s packaging. The CD Key is usually included in the emailed purchase receipt for online purchases since no physical media is delivered;

Digital Goods: means digitized content, such as CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, Softpin and related features and functionality;

Expansion: means an expansion to a particular Game;

Game Key: means an activation key containing letters and numbers for a particular game;

Game Points: means a game currency that can be spent on a particular game to acquire items or services;

Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals;

OffGamers Points: means the points rewarded to you by OffGamers for purchase of goods and services on the Portals, and includes such other description used for these points at any time;

Parties: means collectively, OffGamers and you and “Party” shall mean any one of them;

Portals: means collectively, the web portals presently known as OffGamers.com and such other web portals of OffGamers introduced, administered and managed by OffGamers from time to time;

Pre-paid Card: means any card, the value of which you have paid for and loaded onto such card;

Services: means the services provided by OffGamers on the Portals, including, without limitation, publishing, reselling and retailing online games and related merchandise,;

Softpin: means activation codes that are generated by game publishers for use on a particular game;

Store Credit: means the electronic credit value available in the Account at any time;

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 OffGamers shall in its absolute discretion deems necessary and shall include: (i) any guidelines, privacy policy, rules, procedures, Terms of Service for products, services or facilities, as determined by OffGamers 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; and

Trial/Beta/Item Code: means an activation key that is used to access a particular game or online services for a limited time.

2. Licence to Use

In consideration for you agreeing to these Terms of Service and your continued observance and compliance of these Terms of Service, OffGamers hereby grants you a revocable, non-commercial, non-exclusive, non-transferable license to access the Portals and use the Services in accordance with and and subject to the terms and conditions stated herein.

The Portals and Services provided by OffGamers and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for commercial purposes without the express consent from OffGamers. Any unauthorised use shall terminate the license granted by OffGamers.

3. Representations and Warranties

Each time when you access the Portals (or any of them), you irrevocably and unconditionally represent and warrant that:

  • 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.
  • 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.
  • the use of the Portals by you will not contravene any law or regulations in any jurisdiction in which
  • OffGamers has operations, or require OffGamers to be subject to any additional licensing requirement under the laws of that jurisdiction; and
  • 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 promptly notify us in writing of any changes in your personal information.

4. Use of Services

  • You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals 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 Portals (or any of them).
  • It is a pre-requisite to have a valid Account with OffGamers in order to access and utilize the Services and/or Portals. You may register for an Account here.
  • You shall keep the password to the Account secure and confidential. You shall not at any time or 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.
  • It is your responsibility to secure the information of your Account. Any notification or confirmation received by OffGamers 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.
  • OffGamers shall not be liable for acting on the notification or confirmation sent through your Account. OffGamers 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 OffGamers notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation.
  • Save as otherwise permitted by OffGamers, you shall not, directly or indirectly, use the Services for any commercial purposes.
  • You shall not to use the Portals 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.
  • Unless otherwise permitted by OffGamers in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
  • You shall not use any intellectual property belonging to OffGamers or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of OffGamers.
  • You shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of OffGamers.
  • You shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals.
  • It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures and these guidelines and procedures shall be deemed to be incorporated by reference and form part of the Term of Service, and may be updated from time to time by OffGamers at OffGamers’s sole discretion. OffGamers shall not be liable for any errors, losses or damages caused by your use of the Services.
  • It is your responsibility to secure the information of your Account. Any notification or confirmation received by OffGamers 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.
  • OffGamers shall not be liable for acting on the notification or confirmation sent through your Account. OffGamers 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 OffGamers 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 OffGamers upon receipt of incomplete, garbled or inaccurate data or information from OffGamers. You shall also immediately notify OffGamers upon receipt of any data or information which is not intended for you. This shall be deemed to be confidential in nature and you shall delete such data or information from your Account. You shall continue to be bound by the requisite confidentiality obligations applicable thereafter and you shall not disclose such information to any third party.
  • You may need your own OffGamers account to use our Services and you are required to verify your details by providing your name and mobile number to receive a security token that allows you to access our Portals. You may be required to be logged in to the account and have a valid payment method associated with it.
  • You acknowledge and agree that OffGamers may at its absolute discretion refuse or permit you to use the Services at any point of time and OffGamers shall notify you via e-mail or any other form of communication of such refusal.
  • Unless otherwise permitted by OffGamers in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
  • 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 Portals.
  • You irrevocably and unconditionally allow and permit OffGamers to send to your Account updates on services and events offered or provided by OffGamers.

5. Digital Goods

  • The value of the Digital Goods reflected in the Account does not represent any credit value in real currency. The Digital Goods cannot be exchanged for real cash.
  • Unless otherwise permitted by OffGamers in writing, you are prohibited from selling, transferring or otherwise dispose of the Digital Goods to any other persons, whether within or outside the confines of the Portals (or any of them).
REFUND AND EXCHANGE POLICY & DISCLAIMER

Unless otherwise specified, any form of Digital Goods purchased into the customer’s Account is non-refundable, non-transferable, and non-exchangeable.

OffGamers reserves the rights to consider refund or exchange requests under exceptional cases, such as, if the goods bought-in in any form of Digital Goods is deemed faulty or damaged, is found by OffGamers, in sole and absolute discretion, to be faulty or damaged.

The customer is required to submit a request to OffGamers.com within 6 months from the date of purchase on any faulty or damaged goods. Failure to do so will automatically forfeit the customer’s right to make any refund or exchange.

6. Payment

  • You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by OffGamers at its absolute discretion.
  • 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.
  • OffGamers shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
  • OffGamers shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you. Any payment accepted for orders in processing prior to the removal of the affected payment mode will be completed.
  • Please read the description thoroughly and confirm that the game name, server, account name and the amount purchased are correct.
  • OffGamers 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. By purchasing any products from OffGamers, the customer understands, acknowledges and accepts this release of liability.
  • If you encounter any difficulties, please do not hesitate to contact our technical support for further assistance.

7. Availability of Services

  • The Services are usually available on a daily basis unless otherwise specified herein.
  • There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of OffGamers. OffGamers makes no warranty that the Services will be available at the times stated herein.
  • Unless otherwise provided in these Terms of Service, OffGamers shall be entitled, at its absolute discretion, to change the procedures and/or the mode of operation of the Services at any time and from time to time for any reason whatsoever.
  • Notwithstanding any provisions to the contrary in these Terms of Service, OffGamers shall be entitled to:
    1. immediately terminate, discontinue, withdraw or suspend your use of the Services; or
    2. impose conditions or restrictions on your use of the Service.
  • In addition to above, if you do not utilise the Services for a continuous period of three (3) months, OffGamers may, at its absolute discretion, charge a fee for the maintenance of your Account.

8. Store Credit

  • To use Store Credit, you must maintain sufficient Store Credit in the Account before you use the Services.
  • Store Credit can be topped-up in the Account through the payment methods listed on the Portals. Store Credit can be used to purchase any of the Services or Digital Goods.
  • If there is insufficient Store Credit when you purchase any of the Services, OffGamers shall have the absolute discretion to either:
    1. reject or suspend the transaction; or
    2. require you to pay the shortfall through any of the other methods of payment available on the Portals.
  • OffGamers shall, as and when it deems fit, amend, modify, remove or add any Store Credit or Store Credit account without prior notice to you.
  • The Store Credit in the Account shall automatically expire, without prior notice given by OffGamers, on the last day of the second (2nd) year from the day when the Store Credit was first credited into the Account or such other timeframe as OffGamers may determine.
  • When the Account is closed, Store Credit is no longer accessible by you and any remaining balance of Store Credit will be refunded.

9. Gift Card

  • Each Gift Card must be redeemed in a single transaction by purchasing any Services on any of the Portals.
  • 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 Store Credit.
  • If the transaction value is more than the Gift Card value, you are required to settle the shortfall with the Store Credit available in the Account or such methods of payment available on the Portals.
  • 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.
  • Each Gift Card is not transferable and cannot be exchanged with cash.
  • OffGamers shall not be liable for any Gift Card that is stolen, misplaced or misused without authorisation. For the avoidance of doubt, OffGamers shall not be obliged to enquire or verify at the redemption of the Gift Card, if such Gift Card has been properly obtained.
  • OffGamers 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.
  • Notwithstanding above, if OffGamers has any doubts as to the authenticity of a Gift Card, OffGamers shall have the absolute discretion to withhold, suspend or cancel such Gift Card without any prior reference to you.
  • OffGamers 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 OffGamers.
  • Each Gift Card shall be subject to such further rules and regulations as OffGamers may introduce at any time or from time to time.
  • Each Gift Card shall automatically expire, without prior notice given by OffGamers, on the last day of the second (2nd) year from the day when that Gift Card was first purchased or such other timeframe as OffGamers may determne.

10. OffGamers Points

  • You will be rewarded with OffGamers Points for each purchase of goods or services on the Portals.
  • You may redeem the OffGamers Points for goods or Services on the Portals. The OffGamers Points required to redeem such good or service shall be as stated in the Portals.
  • The redemption of the OffGamers Points shall be subject to such further rules and regulations as OffGamers may introduce at any time or from time to time.
  • OffGamers Points cannot be exchanged for cash.
  • Each OffGamers Points shall automatically expire, without prior notice given by OffGamers, on the last day of the second (2nd) year from the day when that OffGamers Points was first rewarded to you or such other timeframe as OffGamers may determine.
  • OffGamers Points will be forfeited once an account is closed and you will not be able to reactivate your account or redeem them after.

11. Softpin

  • Does not include manuals, installation CDs, box, physical card or other physical elements.
  • You will be able to view your code(s) in your order history page after the completion of your order.
  • Refund on pre-order item is available 2 weeks prior to product release. This does not apply to pre-order of CD Game Key. Once product is released there no refund, transfer or exchange shall be permitted.
  • Once you have completed the purchase for any pre-order, CD Key, Time Card, Game Expansion, Game Point, Pre-paid Card, Trial/Beta/Item Code, Game Key from OffGamers, this would mean you agree that all information you have entered are accurate and correct.
REFUND AND EXCHANGE POLICY & DISCLAIMER

OffGamers 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.

Any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, Softpin purchased into the customer’s account is neither refundable nor exchangeable.

However, refund or exchange request in exceptional cases will be considered if the goods bought-in in any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key is deemed faulty or damaged.

The customer is required to submit a request to OffGamers.com within 6 months from the date of purchase on any faulty or damaged goods. Failure to do so will automatically forfeit the customer’s right to make any refund or exchange.

OffGamers reserves the right to amend any of the terms and conditions above without prior notice.

12. Limitation on Liability

You agree and confirm that:

(a) OffGamers shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Portals and Services, even if OffGamers has been advised of the possibility of such damages. OffGamers shall not be liable for any damages, liability or losses arising out of your use of or reliance on the OffGamers Portals and Services or your inability to access or use the same.

(b) OffGamers does not assume any responsibility or liability for the products, or content produced by any third parties. You should carefully review their privacy statements and other conditions of use.

(c) In any event, the liability of OffGamers shall be limited to value of the Services provided by OffGamers to you for the 3 months prior to the date such damage is allegedly first suffered.

(d) The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

13. Intellectual Property Rights

All copyrights, trade marks, service marks belong to the corresponding owners/publishers and OffGamers is not related or associated to any of the said owners/publishers in any respect. All Services offered on the Portals are offered by OffGamers, not the owners/publishers.

Such copyrights, trade marks, service marks, and other intellectual property rights owned by and used by OffGamers in its provision of Services solely belongs to OffGamers or its licensors, and shall remain OffGamers’ or its licensors’ property. Neither these Terms of Services nor the use of the Services convey or grants you any rights: (i) in relation to the Services except for the limited licence granted above; or (ii) to use or reference in any manner the OffGamers’ company name/brand, logo, product and service name(s), trademarkes or services marks, or those of OffGamers’licensors.

14. Reliability of Portals

  • 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.
  • You are fully aware that your receipt of the notification from OffGamers and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties.You accept that OffGamers cannot guarantee the prompt delivery of such notification or confirmation.
  • You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

15. Account

  • You shall immediately notify OffGamers if you are aware or believe your Account has been hacked or compromised.
  • You shall be liable for all transactions conducted through your Account at any time prior to the receipt by OffGamers of your notification as stated above.
  • Upon receipt of such notice, OffGamers may, as it deems fit, suspend its Services to you pending the conclusion of investigations.

16. Disclosure of Information

  • OffGamers shall be entitled and you irrevocably and unconditionally consent and authorise OffGamers to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the
  • Portals to such extent that OffGamers may at its absolute discretion deem fit to:
    1. such persons as OffGamers may be required to disclose under the applicable law;
    2. such other persons or entity pursuant to any governmental directive or order of the court; or
    3. any other party to whom disclosure is deemed to be reasonably necessary by OffGamers in relation to the provision of Services to you.
  • Save as otherwise permitted above, OffGamers will not disclose your personal information to any other party without prior notification to you.

17. Applicable Laws and Regulations

  • Your use of the Services shall be governed by and construed in accordance with the laws of the Republic of Singapore.
  • You agree to submit any dispute, controversy or claim arising out of or in connection with the Services, including these Terms of Service, to the exclusive jurisdiction of the courts of the Republic of Singapore.
  • Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
  • For cross-border transactions, you shall be responsible for ensuring that, and you shall not violate the laws existing in the countries involved in the transaction.
  • You shall fully indemnify, defend and hold OffGamers, its officers, directors, employees, agents , and its related corporations from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your breach or contravention or non-compliance with any provision of this Terms of Service.

18. Suspension, Termination, Cancellation of Services

  • The Services (or any part thereof) may be cancelled by OffGamers 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 OffGamers may at its absolute discretion determine.
  • Your rights under this terms will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the terms or restrict, suspend, or canceled your use of Services at OffGamers discretion at any time, including if OffGamers determine that your use violates the terms, is improper, or otherwise involves fraud or misuse of Services or harms our interests or those of another user. OffGamers shall notify you via e-mail or any other form of communication of such suspension, termination or cancellation.
  • OffGamers 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 OffGamers may at its absolute discretion determine.
  • Upon suspension of the Services (or any part thereof):
    1. all rights granted to you hereunder shall immediately will be frozen pending investigations;
    2. all Digital Goods held under your Account or otherwise purchased by you shall be frozen pending investigations;
    3. OffGamers may at its absolute discretion, decide not to act on any request received by you after the effective date of suspension;
    4. OffGamers may at its absolute discretion, decide not to act on any confirmation or request received by you between the date of notice of suspension is given to you and the effective date of suspension (if there is a lapse of time between the two dates); and
    5. OffGamers shall notify you of the outcome of investigations.
  • Upon cancellation or termination of the Services (or any part thereof):
    1. all rights granted to you hereunder shall immediately terminate and shall revert to OffGamers;
    2. you shall immediately pay to OffGamers all outstanding fees and charges due and owing to OffGamers;
    3. OffGamers may at its absolute discretion, decide not to act on any request received by you after the effective date of termination;
    4. OffGamers may at its absolute discretion, decide not to act on any confirmation or request received by you between the date of notice of cancellation/termination is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
    5. you hereby irrevocably and unconditionally authorise OffGamers to set off all moneys due and owing by you to OffGamers (if any) from the moneys that are payable by OffGamers to you in respect of the delivered purchased Digital Goods.

19. Notices

  • All notices and documents required to be given to OffGamers shall be sent by registered post to the OffGamers’ address listed on the Portals. Any notice or document sent by you to OffGamers shall be deemed duly notified when such notice or document is received by OffGamers.
  • All notices and documents required to be given by OffGamers under these Terms of Service to you shall be sent to you by any one of the following methods:
    1. electronic mail to your last known electronic mail address according to OffGamers’ records;
    2. posting the notice or communication on the Portals;
    3. notices placed with or in any of OffGamers’ written communications to you;
    4. notices placed through any media.
  • Any notice or document or communication through electronic mail or any other form of communication given by OffGamers 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.

20. Waiver And Severance

  • Any failure by OffGamers 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.
  • 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 OffGamers shall be entitled to amend that provision in such reasonable manner as would achieve the object and intention of OffGamers as to the void, voidable, illegal or otherwise unenforceable provision.
  • 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.

21. Variation

  • OffGamers reserves the right to amend these Terms of Service (and any other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered) from time to time at its sole discretion. These Terms of Service may be modified, added to, deleted or varied by OffGamers by way of posting on the Portals or in any such other manner as OffGamers may in its absolute discretion determine.
  • OffGamers shall notify you through the Portal of such amendments within 30 days from the date of implementation of the same.
  • You agree that continued use of the Portals and Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).

22. Assignment

You may not assign rights under these Terms of Service without the prior written consent of OffGamers.

23. 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.