Midabuy Store 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.
Please also read the Privacy Policy
(https://cdn.midasbuy.com/privacy/midasbuy-privacy.html)
, the Terms of Service
(https://cdn.midasbuy.com/privacy/midasbuystore-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@store.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 (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 Items sold to you,
such disputes shall be resolved by you and us. For other queries in
relation to the Items 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 15.1, 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 or 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).