Midasbuy Store Terms of Use
Last modified: 16 February 2023
Part 1 - Terms of
Use
Please read these Terms
of Use (“Terms”) carefully before using our Services
to purchase Items (defined below). Centauri Dynamic Pte. Ltd., a company incorporated in Singapore with
UEN 202033536H (“we”, “our” and
“us”), provides e-commerce services ("Services") through the reseller shop (“Reseller Shop”) set up on the online Midasbuy platform operated by
High Morale Developments Limited (the “Platform”) to
facilitate the sale and purchase of (i) credits (“Game
Credits”) which may be used to purchase virtual goods and items (such as weapons)
(“Gaming Items”), or such virtual goods directly, for
use within games (“Game(s)”) operated by our
affiliates and other third parties (the “Third Party
Merchants”); or (ii) subscriptions for Game Credits or Gaming Items or other digital
content operated or otherwise provided by the Third Party Merchants (together, the “Items”). We will buy the Game Credits and Gaming Items from Third
Party Merchants and sell them on the Platform. The Game Credits and Gaming Items will be delivered to
you directly by the Third Party Merchants or be available for redemption via the Platform. By taking any
step to register for and/or use all or any portion of the Services, or to purchase Items, you accept and
agree to be bound by all the terms and conditions of these Terms. If you do not agree to any terms and
conditions of these Terms, you must not use the Services to purchase Items.
If you live in
the European Union, United Kingdom, Switzerland or Norway, please note there are some different terms
which apply to you which can be found in Clause 20.
Please also read the
Privacy Policy (https://cdn.midasbuy.com/privacy/midasbuystore-privacy.html),
the Midasbuy Terms of Use (https://www.midasbuy.com/oversea_web/static/terms.html) and any other policies we communicate to
you from time to time, which, together with these Terms, are the entire agreement between you and us
regarding your use of the Services to purchase Items and the terms of which are incorporated by
reference into these Terms.
We may translate these
Terms into multiple languages. If there is any difference between the English version and any other
language version of these Terms, the English version will prevail and apply (to the extent permitted by
applicable laws and regulations).
Please contact us at
help@midasbuy.com if you have any complaints or queries about the Services.
1.
IMPORTANT NOTE ABOUT ITEMS, PLATFORM TERMS AND THIRD PARTY
MERCHANT TERMS
1.1
It is very important that you read and
understand the terms and conditions governing: (i) the sale of the Items by us as seller to you as buyer
(i.e. us reselling Items to you purchased by us from the Third Party Merchant); (ii) your rights in the
Items; (iii) your use of the relevant Game or Items ((ii) and (iii) together, the “Third Party Merchant’s Terms”) before purchasing any Items using the Services; and (iv)
your use of the Platform (https://www.midasbuy.com/oversea_web/static/terms.html).
1.2
We are not responsible for and do not
endorse any particular Game or Item. We do not grant you any rights to use the Items under these Terms.
Any such rights shall be between you and the Third Party Merchant under the Third Party Merchant’s
Terms.
1.3
We are not a party to the Third Party
Merchant’s Terms, which are between you and the Third Party Merchant, and which may set out your rights
and obligations with respect to the use of such Items, including the value or worth of such Items and
the terms and conditions applicable to their use, transfer, redemption or cancellation.
2.
YOUR INFORMATION
Your privacy is
important to us and we will treat all data that you provide to us in accordance with the Privacy Policy,
as updated from time to time.
3.
LICENCE AND ACCESS
3.1
Provided that you comply with these Terms
and pay us any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable,
non-sublicensable, royalty-free and revocable licence to access and make personal and non-commercial use
of the Services and any software we make available as part of the Services. This licence is limited to
and does not include or extend to any resale or commercial use of the Services or its content; any
collection and use of any product listings, descriptions or prices; any derivative use of the Services
or its contents; any downloading or copying of account information for the benefit of any person; or any
use of the Services in conjunction with any data mining tools, robots, scrapers or similar data
gathering and extraction tools.
3.2
All rights not expressly granted to you
in these Terms are reserved and retained by us, our affiliates or our licensors, suppliers, publishers,
rights holders or other content providers as applicable. The Services, or any part of the Services, may
not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial
purpose. Your use of any intellectual property rights belonging to us, or our affiliates, licensors,
suppliers, publishers, rights holders or content providers is subject to these Terms.
3.3
Any goodwill accruing out of the use of
our and our affiliates’ trademarks, trade and business names and service marks under these Terms will
vest in us and our affiliates, as the case may be.
3.4
We reserve the right to refuse to provide
the Services to anyone for any reason, in our sole and absolute discretion without being obliged to
provide you with any reason or notification.
4.
YOUR OBLIGATIONS AND USE OF THE SERVICES
4.1
You may use the Services in accordance
with these Terms to search for product information relating to Items, and pre-order and purchase Items
as may be provided for on the Platform from time to time.
4.2
In order to use the Services you must
comply with the requirements as set out in these Terms. If you do not comply with these requirements at
any point you must cease using the Services immediately and to the extent permitted under applicable
law, you shall be liable for any legal consequences, including costs, losses or damages which we may
suffer or incur as a result.
4.3
You shall provide all necessary
information and supporting documents as reasonably requested by us from time to time for the purpose of
your use of the Services and/or compliance with applicable laws in any jurisdiction.
4.4
You must not use the Services: (a) in any
way that causes, or is likely to cause, the Services, or any access to the Services, to be interrupted,
damaged or impaired in any way; or (b) for fraudulent purposes, or in connection with a criminal offence
or other unlawful activity.
4.6
In addition to the restrictions set out
in these Terms, you must not use the Services:
(a)
to cause or potentially cause any
unreasonable or disproportionate burden on the Services;
(b)
to interfere or attempt to interfere with
the Services or our ability to provide the Services; or
(c)
to manipulate any transactions carried
out via the Services in any manner that is in breach of these Terms, any Third Party Merchant's Terms or
in any manner that is contrary to applicable law.
4.7
You hereby acknowledge and agree that
Third Party Merchants, and not us or any other of our affiliates, are responsible for accurately listing
their Items and you are responsible for reading the description of the Items listed by Third Party
Merchants and making your own judgments before making a purchase. All sales are binding and you agree to
perform all your obligations in relation to such sale.
5.
WARRANTY
Our Services are
provided to you on an “as is”, “where-is” basis based on existing technology, however, we warrant to you
that we will provide the Services using reasonable skill and care. Subject to applicable law, we make no
other representation, condition or warranty of any kind, express or implied, and you hereby waive all
such representations, conditions and warranties, including, without limitation: (a) that the Services or
the Items will meet your requirements, will always be available, accessible, uninterrupted, timely,
secure or operate without error; (b) that Items or information or content relating to the Items included
on or available through the Services will be as represented by Third Party Merchants, available for sale
at the time of listing, lawful to sell, or that Third Party Merchants will perform as promised; (c) that
Items will represent fair value, retain their value or otherwise meet your expectations as to their
worth, exchange value or utility; and (d) without limiting the generality of the foregoing: (i) any
implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(ii) any implied warranty arising from course of dealing or usage of trade; (iii) any implied
obligation, liability, right, claim or remedy under contract; and (iv) any obligation, liability, right,
claim or remedy in tort, whether or not arising from our negligence, in equity, or otherwise. To the
fullest extent permissible under applicable law, we disclaim any and all such representations,
conditions and warranties.
6.
OUR ROLE
6.1
Upon receiving a purchase of an Item from
you, we will proceed to purchase the same from the Third Party Merchant, and the Third Party Merchant
will subsequently deliver the Item directly to you. Any agreement for the sale of any Items is between
you as the buyer, and us as the re-seller of the Item purchased from the Third Party Merchant.
6.2
Please note that we do not directly
provide any credit or debit, stored value and/or payment processing services for sales or purchases
conducted on the Platform. Such facilities and services are performed by and are the responsibility of
the issuer or Third Party Merchant of your relevant credit or debit card, stored value facility, payment
service or other payment instrument (each, a “Payment
Instrument” and such issuers and Third Party
Merchants, the “Payment Provider”) under separate terms and conditions which you have agreed
with the Payment Provider.
7.
OUR RIGHTS AND OBLIGATIONS
7.1
We retain the right, in our sole
discretion, to suspend or terminate the Services, prevent or restrict access to Services, take any other
action to restrict your access to or availability of the Services or to suspend or terminate your access
to the Services if we consider you may have breached these Terms or otherwise made inappropriate use of
the Services.
7.2
You acknowledge and agree that we are
entitled to offer cooperation and provide information, including information about or provided by you,
to any administrative or judicial authority in any jurisdiction.
8.
ADVERTISEMENT AND PROMOTIONS
8.1
We may place advertisements on the
Platform and you must not in any way screen or filter the advertisements in any manner not expressly
permitted by us in writing. We may also, from time to time, carry out marketing and promotional
activities in relation to the Services, such as "red packet" giveaways, or top-up gifts.
8.2
Save as required by applicable laws, we
shall have no liability for any loss or damage incurred or suffered by you arising from transactions you
enter into in reliance upon such advertisements or promotional and marketing information.
9.
PRICE, DELIVERY OF ITEMS AND SUBSCRIPTIONS
9.1
Price
The price you will pay
for your purchase of Items is determined by us and denominated in the currency at the election of us
(the "Purchase Currency") from time to time. Please note that the price for Items as may be provided for
on the Platform from time to time may vary to reflect the Purchase Currency. Please be aware of and
carefully consider any recurring charges that may arise from the purchase of Items. You may also be
informed of an approximate value in your local currency of the actual Purchase Currency price for your
purchase. The approximate local currency price uses historical, not real-time, currency exchange rates
and is only an approximation of the value of the Purchase Currency price for your purchase.
If the Payment
Instrument you use to pay for your purchase is not denominated in the Purchase Currency, the amount you
pay will be your local currency equivalent (as determined by your Payment Provider) of the actual
Purchase Currency price. Your Payment Provider may also charge you other fees (including but not limited
to currency conversion and/or transaction fees) for you making a purchase in the Purchase Currency
rather than your local currency (such as where you use a credit card from an overseas
jurisdiction/region to complete your purchase). Please contact your Payment Provider for more
information about these additional fees. You are solely responsible for any applicable taxes, charges or
fees imposed by your Payment Provider in connection with your use of the Services. We and our affiliates
shall not be responsible or liable for any exchange rate used by your Payment Provider.
9.2
Delivery of Items
Although you have
purchased the Items from us, you acknowledge and agree that the Third Party Merchant shall be
responsible for the delivery of Items to you directly. Our obligation to deliver the Items to you will
be discharged when the Third Party Merchant delivers the Items to you.
If you request a refund
for any Items, we initiate a refund for any Items per Clause 4.5, or if we are
unable to charge your payment method for any reason (such as insufficient funds or expiration of your
payment method), the relevant Third Party Merchant may, upon receipt of our instructions, disable your
access to the relevant Items and/or retrieve the relevant Items from you. We shall not be responsible to
compensate or indemnify you for any such loss of access or any other losses that you may suffer or incur
in this regard.
For queries and
complaints arising in relation to the sale of the Items to you, such disputes shall be resolved by you
and us. For other queries in relation to the Items sold to you, such queries shall be resolved by the
Third Party Merchant only, without any involvement from us. You hereby release us (and our affiliates,
Payment Provider, employees, representatives and agents) from claims, demands and damages (actual,
direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
However, we will have the right, in our sole discretion, to facilitate and assist in such disputes, but
we will not in any way be a party or be deemed to be a party to such disputes.
You irrevocably
authorise us to assist in the settlement of disputes arising from your use of the Services which may
include instructing the Payment Provider to hold or transfer all or part of such disputed funds to a
disputing party (subject to a reversion of the transfer depending on the final outcome of the dispute).
In such event, you shall indemnify us for any liabilities arising out of our decision.
10.
OUR INTELLECTUAL PROPERTY RIGHTS
10.1
All intellectual property rights in or to
the Reseller Shop, and any software we make available for your use
of the Services (including any future updates, upgrades and new versions to all such software) (the
“Software”),
will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have
no right to use our intellectual property rights, including our trademarks or product names (for
example, “Midasbuy Store”), logos, domain names or other distinctive brand features, without our prior
written consent.
10.2
You may not copy, modify, create
derivative works, reverse compile, reverse engineer or extract source codes from the Software, and you
may not sell, distribute, redistribute or sublicense the Software, except in each case to the extent
that we may not prohibit you from doing so under applicable laws or regulations or you have our prior
written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract
source codes from the Software, you will first contact us to request the information you need.
10.3
We may from time to time provide updates
to the Software. Such updates may occur automatically or manually. Please note that the Software may not
operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee
that we will provide any updates for the Software, or that such updates will continue to support your
device or system. All updates to the Software are subject to these Terms, except as otherwise specified
by us.
10.4
We may in our discretion provide
technical support for the Reseller Shop (whether for free or for a fee). We provide technical support
without any guarantee or warranty of any kind, and subject always to these Terms.
11.
OPEN SOURCE SOFTWARE
11.1
The Software may contain software that
are subject to “open source” licences (the “Open Source Software”). Where we use such Open Source
Software, please note that:
-
there may be provisions in the Open Source Software's
licence that expressly override these Terms, in which case such provisions shall prevail to the
extent of any conflict with these Terms; and
-
we will credit the relevant Open Source Software used in the
Software within the relevant Software.
12.
YOUR DEVICE
12.1
You may need an adequate internet
connection in order to use the Services. You may also be required to activate certain functionalities
within the Platform in the manner described within the Platform. You may not be able to use certain
functionalities within the Platform if you do not comply with such requirements.
12.2
Please note that we are not responsible
for any third party charges you may incur (including any charges from your internet and
telecommunication services providers) in relation to or arising from your use of the Software or the
Services.
13.
COMPLIANCE WITH LAWS
13.1
You are solely responsible for
understanding and complying with all laws and regulations applicable to your use of the Services. You
must not use the Services in any way which breaches applicable laws.
13.2
If the country or region in which you are
located prohibits or restricts all or any part of the Services, you must immediately cease using the
Services.
14.
OUR LIABILITY
14.1
We will use reasonable care to ensure
that the Services will be uninterrupted and that your instructions will be carried out promptly and be
error-free. However, due to the nature of the Services and their reliance on the internet, payments
systems and third parties such as Third Party Merchants and Payment Providers, we are unable to provide
any guarantees in this regard. In addition, you acknowledge and agree that your access to the Services
may also be occasionally suspended, disrupted or restricted due to: (i) systems and network repairs and
maintenance, or the introduction of new facilities or services; and/or (ii) bank and payments systems
processing, clearing and settlement processing times.
14.2
To the extent permitted by applicable
laws and regulations, in no event will we or our affiliates be liable or responsible for:
(a)
any losses or damages that were caused by
any natural disaster or other circumstance beyond our reasonable control;
(b)
any computer virus, trojan horse or other
damage caused by malware or hackers;
(c)
any malfunction or failure of our or your
software, system, hardware or connectivity;
(d)
losses that were not caused by any breach
of these Terms by us;
(e)
risks and losses caused by your
non-compliance with any applicable laws and regulations, or these Terms;
(f)
any business loss (including loss of
profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
(g)
any indirect or consequential losses
(regardless of whether or not such indirect or consequential losses are foreseeable to us) or any
incidental, punitive, special and consequential damages, in each case, arising out of or in connection
with these Terms, any other agreements which apply to the Services, the Services themselves, your
inability to use the Services or in connection with any Items purchased or obtained or messages received
or transactions paid for through the Services, whether or not we have been advised of the possibility of
such damage.
14.3
We will not be liable for any currency
depreciation, foreign exchange loss, loss of interest and other risks in relation to the amount kept,
collected or incurred as a result of using the Services. We are not required to pay to you any interest
accrued thereon and you agree that we, or the Payment Provider, shall be entitled to retain any such
interest.
14.4
To the fullest extent permitted by
applicable law, we will not be liable to you for the interruption or disruption of the Services or any
possible losses to you in any circumstance which is not reasonably foreseeable by us (which exemption
includes liability that would otherwise arise for any direct loss).
14.5
To the fullest extent permitted by
applicable law, we will be exempted from any liabilities in relation to the following risks which you
may encounter:
(a)
information with threatening, defamatory
or illegal content including from anonymous sources or someone using a fake or fictitious name;
(b)
you being misled or deceived by any
person which results in psychological or physical harm and/or economic loss;
(c)
your computer system being destroyed,
paralysed or unable to operate in normal condition;
(d)
credit or debit card fraud; or
(e)
identity theft.
14.6
Upon receipt of your payment instruction
for any purchase of Items (including but not limited to Monthly Subscriptions and One-Off
Subscriptions), you authorise us to allow the Payment Provider, or our or the Payment Provider’s bank or
third party partners, service providers or agents, to charge or debit from your debit or credit card the
amount that you requested be paid according to your payment instruction. In such event, you shall not
submit a request to us for a refund, and we will have no liability to you, in connection with any actual
or purported payment instruction, by reason of unsigned receipt, inconsistent signature, or the
transaction not being in accordance with your intention or for any other reason. You also authorise us,
the Payment Provider and our or the Payment Provider’s bank or third party partners, service providers
or agents to initiate credits, debits or other charges to your debit or credit card to process
subsequent refunds, chargebacks or other adjustments related to your payment transaction. In the event
you change your payment method or any relevant details (including but not limited to your credit card
number, its expiration date and/or your billing address), or if your payment account expires or is
cancelled for any reason, you agree to notify us promptly of any such details.
14.7
You hereby release us (and our affiliates
(excluding Third Party Merchants, whose liabilities are addressed under the Third Party Merchant's
Terms), employees, representatives and agents) from claims, demands and damages (actual, direct,
consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with any dispute in relation to any
purchase or sale of Items through the Platform.
14.8
We do not guarantee your ability to make
payment through a Payment Provider. We will not be liable to compensate or indemnify you for any loss
suffered by you arising from the above.
14.9
Nothing in these terms and conditions
limits or excludes any of the following liabilities, except to the extent that such liabilities may be
waived, limited or excluded under applicable laws and regulations:
(a)
any liability for death or personal
injury caused by either Party’s negligence;
(b)
any liability for fraud or fraudulent
misrepresentation;
(c)
any liability for wilful misconduct;
or
(d)
any other liability to the extent that
such liability cannot be waived, limited or excluded under applicable laws and regulations.
14.10
Nothing in these conditions affect your
legal statutory rights (to the extent applicable) to have Items provided to you by the relevant Third
Party Merchant or to receive a refund if there is defective or unsuccessful delivery of the Items
ordered.
14.11
To the extent permitted by applicable
law, you agree that you (and your organisation, if you are using the Services on behalf of such
organisation) will indemnify us, our partners, and our affiliates (excluding Third Party Merchants) from
and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation
costs and attorneys’ fees) and liability arising from: (i) your use of the Services; or (ii) your breach
of these terms and conditions.
15.
INTERRUPTION, SUSPENSION AND TERMINATION OF THE
SERVICES
15.1
Without limiting the generality of Clause
14.1, we may suspend, interrupt or terminate or impose limitations on your use of the Services in
accordance with our business or risk control requirements or those of our affiliates, including the
Payment Provider.
15.2
We are entitled to interrupt, suspend or
terminate the Services without notice in the following circumstances where:
(a)
you provide us with false or incorrect
information;
(b)
you violate applicable laws or the
provisions of these Terms;
(c)
the Services are required to be
interrupted, suspended or terminated by the provisions of applicable laws or by competent authorities;
(d)
you infringe the lawful rights and
interests of third parties;
(e)
the Services are required to be
interrupted, suspended or terminated for security reasons; or
(f)
you fail to pay us any Service fees or
fees for the Items that we have charged.
15.3
For the avoidance of doubt, the exercise
by us of any of our suspension or termination rights under these Terms shall be without any liability to
you and without prejudice to any other right or remedy available to us under these Terms or applicable
laws.
15.4
The provisions of these Terms, which by
their nature and content, are intended, expressly or impliedly, to continue to have effect after the
termination or expiration of these Terms shall survive and continue to bind you and us.
15.5
Where we suspend or terminate the
Services as a result of a breach by you, we may instruct the Payment Provider to instruct your bank to
transfer money or charge or debit your credit card to settle your obligations. In such event, you agree
not to hold us or the Payment Provider liable for such actions.
16.
AMENDMENTS TO THESE TERMS
We may make changes to
these Terms at any time. You will be subject to the terms and conditions of these Terms inforce at the
time when you use the Services. If you continue using the Services after any amendment to or change of
these Terms, you shall be deemed to have read, understood and agreed to such amendment or change. If you
disagree, you must immediately stop using the Services.
17.
ELECTRONIC COMMUNICATIONS
We will communicate
with you by e-mail or by posting notifications on the Platform. For contractual purposes, you consent to
receive communications from us electronically and you agree that all agreements, notifications,
disclosures and other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing, unless applicable laws specifically require a different form of
communication.
18.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent
where the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may
have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court
(including small claims court (or similar court)), these Terms and any dispute or claim arising out of
or in connection with it shall be governed by the law of Singapore. Any dispute, controversy or claim
(whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms,
including its existence, validity, interpretation, performance, breach or termination, shall be referred
to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in
accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time
being in force, which rules are deemed to be incorporated by reference in this clause. The seat of
arbitration shall be Singapore. The language of the arbitration shall be English. The tribunal shall
consist of one (1) arbitrator.
19.
MISCELLANEOUS
19.1
The headings of these Terms and of the
clauses are inserted for convenience only and shall not be relied upon in interpreting these Terms. Any
agreement amending, supplementing, novating or restating these Terms shall form an integral part of
these Terms and have the same legal effect.
19.2
If any of the terms and conditions
contained in these Terms is deemed to be invalid, void, or for any reason unenforceable, that term or
condition will be deemed severable and will not affect the validity and enforceability of any remaining
terms and conditions.
19.3
You shall not assign any of your rights
or transfer any of your rights or obligations under these Terms without our prior written consent. We
may assign our rights under these Terms without your prior consent. We may assign our rights or transfer
by way of novation our rights and obligations under these Terms without your prior consent and you
hereby consent to any such transfer. You agree that in the event of any assignment or novation by us,
including without limitation, in connection with an acquisition of us or our assets, we are authorised
to transfer any or all of your data relating to the Services.
19.4
A person who is not a party to these
Terms has no right to enforce any terms of these Terms under the Contract (Rights of Third Parties) Act
(Cap. 53B).
20.
TERMS SPECIFIC TO THE EUROPEAN UNION, UNITED KINGDOM,
SWITZERLAND AND NORWAY
20.1
Clause 5 Warranty is
replaced with the following:
Our Services are
provided to you on an “as is”, “where-is” basis based on existing technology, however, we warrant to you
that we will provide the Services using reasonable skill and care. When deciding whether to use the
Services, you should be aware that we cannot guarantee that Items or information or content relating to
the Items included on or available through the Services will be as represented by Third Party Merchants
that Third Party Merchants will perform as promised, or that Items will represent fair value, retain
their value or otherwise meet your expectations as to their worth, exchange value or utility.
20.2
Clause 9.2 Delivery of
Items is replaced with the following:
Although you have purchased the Items from us, you
acknowledge and agree that the Third Party Merchant shall be responsible for the delivery of Items to
you directly. Our obligation to deliver the Items to you will be discharged when the Third Party
Merchant delivers the Items to you.
If you request a refund for any Items, we initiate a refund
for any Items per Clause 4.5, or if we are unable to charge your payment method for any reason (such as
insufficient funds or expiration of your payment method), the relevant Third Party Merchant may, upon
receipt of our instructions, disable your access to the relevant Items and/or retrieve the relevant
Items from you. We shall not be responsible to compensate or indemnify you for any such loss of access
or any other losses that you may suffer or incur in this regard.
For queries and complaints arising in relation to the sale of
the Items to you, such disputes shall be resolved by you and us. For other queries in relation to the
Items sold to you, such queries shall be resolved by the Third Party Merchant only, without any
involvement from us. However, we will have the right, in our sole discretion, to facilitate and assist
in such disputes, but we will not in any way be a party or be deemed to be a party to such
disputes.
20.3
New Clause 9.3 is inserted as
follows:
Your right to change your mind
When you purchase Items, you have 14 days after the day we
confirm we accept your order to change your mind and cancel the order. However, you will lose this right
to change your mind when you receive the Items or other services if you agree to and acknowledge this
when ordering. To exercise your right to cancel, please contact us at help@midasbuy.com. You may choose
to use the model cancellation form included in Schedule 1 to these Terms.
20.4
Clause 14 Our Liability is replaced with
the following:
(a)
We will use reasonable care to ensure that the Services will be uninterrupted and
that your instructions will be carried out promptly and be error-free. However, due to the nature of the
Services and their reliance on the internet, payments systems and third parties such as Third Party
Merchants and Payment Providers, we are unable to provide any guarantees in this regard. In addition,
you acknowledge and agree that your access to the Services may also be occasionally suspended, disrupted
or restricted due to: (i) systems and network repairs and maintenance, or the introduction of new
facilities or services; and/or (ii) bank and payments systems processing, clearing and settlement
processing times.
(b)
If defective digital content that we have supplied damages a device or digital
content belonging to you and this is caused by our failure to use reasonable care and skill, we will
either repair the damage or pay you compensation. However, we will not be liable for damage that you
could have avoided by following our advice to apply an update offered to you free of charge or for
damage that was caused by you failing to correctly follow installation instructions or to have in place
the minimum system requirements advised by us.
(c)
We only provide the Services for domestic and private use. If you use the Services
for any commercial, business or re-sale purpose we will have no liability
to you for any loss of profit, loss of business, business interruption or loss of business
opportunity.
(d)
We are not responsible for delays outside our control. If our supply of the Services
is delayed by an event outside our control then we will notify you via the Platform and we will take
steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused
by the event, but if there is a risk of substantial delay you may contact us to end the contract and
receive a refund for any Items or paid services which you have paid for but not received.
(e)
We do not voluntarily accept responsibility for any loss or damage:
(i)that was not
caused by our breach of these Terms; or
(ii) that
was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching
these Terms (loss or damage is foreseeable if either it is obvious that it will happen or if, at the
time these Terms were entered into, both we and you knew it might happen).
(f)
As long as we have complied with these Terms including our obligation to exercise
reasonable care in providing the Services, we will not be responsible for the following and you should
take reasonable steps to protect yourself against these risks:
(i) information with
threatening, defamatory or illegal content including from anonymous sources or someone using a fake or
fictitious name;
(ii) you
being misled or deceived by any person which results in psychological or physical harm and/or economic
loss;
(iii) your
computer system being destroyed, paralysed or unable to operate in normal condition;
(iv)credit or debit
card fraud; or
(v)identity
theft.
(g)
Upon receipt of your payment instruction for any purchase of Items (including but
not limited to Monthly Subscriptions and One-Off Subscriptions), you authorise us to allow the Payment
Provider, or our or the Payment Provider’s bank or third party partners, service providers or agents, to
charge or debit from your debit or credit card the amount that you requested be paid according to your
payment instruction. In such event, you shall not submit a request to us for a refund, and we will have
no liability to you, in connection with any actual or purported payment instruction, by reason of
unsigned receipt, inconsistent signature, or the transaction not being in accordance with your intention
or for any other reason. You also authorise us, the Payment Provider and our or the Payment Provider’s
bank or third party partners, service providers or agents to initiate credits, debits or other charges
to your debit or credit card to process subsequent refunds, chargebacks or other adjustments related to
your payment transaction. In the event you change your payment method or any relevant details (including
but not limited to your credit card number, its expiration date and/or your billing address), or if your
payment account expires or is cancelled for any reason, you agree to notify us promptly of any such
details.
(h)
We do not guarantee the legality, authenticity or quality of Items listed for sale
via the Services. We will not be liable to compensate you for any loss suffered by you arising from the
authenticity or quality of the Items bought by you via the Services.
(i)
We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors and for fraud or fraudulent
misrepresentation.
(j)
Nothing in these Terms affect your legal statutory rights (to the extent applicable)
for example to have Items provided to you by the relevant Third Party Merchant within a reasonable time
or to receive a refund if Items ordered cannot be supplied by the relevant Third Party Merchant within a
reasonable time.
20.5
New Clause 15.6 is inserted as
follows:
We may choose to
withdraw or suspend the Services or Platform at any time. We will give you reasonable notice in advance
of doing so and will refund you for any Services or Items already paid for which will not be
provided.
20.6
New Clause 15.7 is inserted as
follows:
You can stop using
the Services and cancel your contract with us at any time by contacting us at help@midasbuy.com.
20.7
Clause 16 Amendments to these Terms is
replaced with the following:
We may make changes
to these Terms at any time due to changes in laws or regulatory requirements or to implement minor
technical adjustments or improvements. We will notify you of any such changes including via the
Platform. You will be subject to the terms and conditions of these Terms in force at the time when you
use the Services. If you continue using the Services after any amendment to or change of these Terms,
you shall be deemed to have read, understood and agreed to such amendment or change. If you disagree
with any such amendment or change, you must stop using the Services prior to the amendment or change
taking effect and you can cancel your contract with us by contacting us at help@midasbuy.com. We will
refund you for any Services or Items which you have already paid for but not yet received.
20.8
Clause 18 Governing Law and Dispute
Resolution is replaced with the following:
These Terms are
governed by the law of the country in which you live and you can bring legal proceedings in your local
courts. In addition, if you are in the European Economic Area please note that disputes may be submitted
for online resolution to the European Commission Online Dispute
Resolution platform.
20.9
New Clause 19.5 is inserted as
follows:
Even if we delay
in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do
anything you are required to do under these Terms, or if we delay in taking steps against you in respect
of your breaching these Terms, that will not mean that you do not have to do those things and it will
not prevent us taking steps against you at a later date.
Part 2 –
Additional Terms for Midas Credits
21.
This Part 2 applies to Midas Credits
only. In addition, Midas Credits are also subject to the provisions
of Part 1 above.
21.1
Midas Credits Services
- Midas Credits are issued by
us and can only be used to purchase Items in the Reseller Shop.
- To top-up or make a purchase
using Midas Credits, you must sign-up for a user account with your mobile phone number (the
“Credits Account”). We may request you
authenticate your mobile phone number during the Credits Account registration via a one-time
password (“OTP”) sent to such mobile phone
number.
- The Midas Credits will be
stored in your Credits Account.
- The Midas Credits cannot be
transferred to other users or be converted back to cash.
- You must be logged in to your
Credits Account and have sufficient balance (including to cover for any applicable taxes) to make a
purchase using Midas Credits. The transaction will not be successful if you have insufficient
balance in your Credits Account.
- Unless otherwise stated in
these Terms, Midas Credits are not legal tender. Midas Credits shall be exclusive to you for your
personal use and may not be resold, transferred for value, exchanged for cash, applied to any
external account, or offered for sale, lease, gifting or trading. You may not withdraw your Midas
Credits balance or transfer the balance between Credits Accounts. You may only consume your balance
by purchasing Items in the Reseller Shop.
21.2
Midas Credits Requirements
- We reserve the right to check
your identity and request for proof of identification, or refuse your registration at our sole
discretion, when (i) it is required by relevant government authorities to do so as part of
anti-money laundering and anti-terrorist funding rules and regulations, (ii) necessary when
unauthorised usage of your Credits Account is detected, or (iii) there is a dispute relating to the
ownership of your Credits Account.
- In order to use Midas
Credits, you represent that you are:
(i) of majority age in
your country;
(ii) not prohibited by
any law, condition, ordinance, or other requirements from creating a Credits Account and/or to use Midas
Credits; and
(iii) capable of
legally accepting, entering into, and being bound by the Terms.
c.
We reserve the right to impose other
authentication requirements during your use of Midas Credits.
21.3
Top-ups
- You may top-up your Credits
Account using the services provided by your Payment Provider in the Reseller Shop. We may decline
your top-up request for any reason and at our sole discretion. We are not liable or responsible for
a top-up that is not successfully processed by the Payment Provider you select. The top-up amount
will be added to your Credits Account balance once we have confirmed that your payment is
successful.
- You may also top-up your
Credits Account by purchasing a redeem code (“Redeem
Code”) from online and offline distributors (the “Distributors”), then redeem your Midas Credits in the Reseller
Shop.
- We reserve the right to
impose a limit on the value stored in your Credits Account or specify transaction limits on
individual top-ups. This could be due to limitations imposed by the Payment Providers or by the
relevant laws and regulations in your jurisdiction.
21.4
Completion of Transaction
The purchase
transaction amount will not be deducted against your Midas Credits balance in your Credits Account until
the transaction in the Reseller Shop is confirmed successful. Thereafter, the purchased products and/or
services will be delivered to you in accordance with the Terms.
21.5
Refunds
- All Credits Account top-ups
as well as redemptions of Redeem Codes in exchange for Midas Credits are final and non-refundable,
unless required otherwise by law. If a refund is required by law in your jurisdiction, we will at
our sole discretion determine if a transaction is refundable, but only if your purchase has not been
consumed or redeemed.
- All successful and completed
purchases of Items using Midas Credits are non-refundable, please refer to Part 1 of the Terms for
our refunds policy.
21.6
Rewards and Benefits
a.
We have the sole discretion to determine
any rewards or benefits that you may be eligible to receive if you use Midas Credits to make payment for
a purchase in the Reseller Shop.
b.
These Additional Terms for Midas Credits
apply to such rewards or benefits. However, we reserve the right to impose other rules as we deem fit,
and such rules will be posted on the Reseller Shop or through other manners as we may determine. We
encourage you to read the applicable rules and review our Privacy Policy, which, in addition to these
Terms, apply to any information you submit in connection with your use of our Services and Midas
Credits.
21.7
Account Security
a.
You are responsible for your Credits
Account’s security and all consequences resulting from the use or misuse of your Credits Account, OTP or
other related security credentials for Midas Credits. This security obligation includes safe-keeping
your sign-in details and keeping your account information private from others. Lost or stolen accounts
are your sole responsibility.
b.
You agree that the use or purported use
of Midas Credits using your Credits Account shall be deemed an authorised use of Midas Credits via your
Credits Account. You agree to be bound by these Additional Terms for Midas Credits whether such use is
authorised by you or not.
c.
If there is or has been any fraudulent or
unauthorised use of your sign-in details or account, loss of account access, or any other breach of
security, you are advised to immediately notify us by sending an e-mail to help@midasbuy.com. As soon as reasonably practicable, we will suspend your
Credits Account, investigate your complaint or request, and respond to you. However, we disclaim
responsibility for lost or stolen accounts and will not compensate you for any damages, monetary or
otherwise, relating to the unauthorised use or access to your Credits Account.
21.8
Restricted Activities
By using Midas
Credits, you agree that you will not, directly or indirectly, engage in any conduct that breaches the
user obligations described in the section on Completion of Transaction, any other provision of these
Terms, or any of the following restricted activities:
a.
Use Midas Credits or any of its features
in any way not expressly permitted by us, or in an improper manner;
b.
Share your Credits Account details or OTP
with other persons;
c.
Reproduce, attempt to reproduce, or
counterfeit Midas Credits or the Midas Credits balance;
d.
Interfere with Midas Credits in any
way;
e.
Use Midas Credits in any activity
involving sanctioned individuals, entities or countries;
f.
Violate any applicable law, ordinance or
regulation through your use of Midas Credits; or
g.
Use your Credits Account or control a
Credits Account that is engaging in any of the foregoing restricted activities.
21.9
Grounds for freezing or closure of
Credits Account
We may temporarily
freeze or permanently close your Credits Account or your access to it, (a) for the same grounds stated
in section 15 of the Terms (INTERRUPTION, SUSPENSION AND TERMINATION OF THE SERVICES), (b) for engaging
in the Restricted Activities identified in the preceding section, or (c) for the any of the following:
a.
You attempt to engage in, or indirectly
or directly engage in, any conduct prohibited under these Terms;
b.
You become or are subject to bankruptcy
proceedings;
c.
You fail to comply with the Additional
Terms for Midas Credits;
d.
It is necessary to repair, maintain or
improve the Midas Credits function; or
e.
We decide to cease offering Midas
Credits.
21.10
Balance after freezing
If your Credits Account is temporarily frozen, your remaining
unused Midas Credits balance will be maintained until your account is reactivated. Notwithstanding the
foregoing, we reserve the right to deduct any Midas Credits balance in your Credits Account if you fail
to compensate or indemnify us for any economic loss suffered by us arising from your breach of the
Terms.
21.11
Balance after closure
Unless otherwise provided in these Terms, if your Credits
Account is permanently closed, whether by us or by you voluntarily, all unused Midas Credits balance
will immediately expire and be removed. You will not be entitled to any compensation, and we will not be
liable to you for any loss of your Midas Credits balance.
Schedule 1 - Model
Cancellation Form
(Complete and return this form only if you wish to withdraw from the
contract)
To Centauri Dynamic
Pte Ltd, 30 Raffles Place #12-01 Singapore 048622, help@midasbuy.com:
I/We [*] hereby give
notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of
the following service [*],
Ordered on
[*]/received on [*],
Name of
consumer(s),
Address of
consumer(s),
Signature of
consumer(s) (only if this form is notified on paper),
Date
[*] Delete as
appropriate