Terms of service

UPDATED AND EFFECTIVE AS OF Aug 3 2024

Welcome to the GeekGame website: .

GeekGame is an online digital goods and services platform that facilitates, among others, sale and purchase of games, related merchandise and such other items including but not limited to game cards, gift cards, and game top up between game publishers or merchants and buyers or customers.

These Terms of Use govern your rights and obligations, as users of the platform administered and managed by GeekGame. Unless otherwise provided by GeekGame, all new platforms introduced and managed by GeekGame shall be governed by these Terms of Use.

By registering an account with GeekGame and accessing any of the Platform, you acknowledge and accept that your usage of the Platform (or any of them) shall be governed by these Terms of Use and any other specific rules, procedures, terms and conditions as specified in the respective item’s pages, which may be amended by GeekGame at any time or from time-to-time at its absolute discretion. In the event of any inconsistency, the terms and conditions specified in the respective item’s pages shall prevail. Your acceptance of these terms of use shall constitute a legally binding agreement between GeekGame and you as the user.

We may amend, modify or update these Terms of Use from time-to-time. Any change we made to these Terms of Use in the future will be published and posted on the Platform and, where appropriate, notified to you by email, whereupon your continued access to the Platform and/or use of any of the Services shall constitute your acknowledgement, acceptance, and agreement of the changes we make to these Terms of Use. Please check back frequently to see any updates or changes to these Terms of Use.

1.Definitions

In these Terms of Use, the following words and expression shall have the following meanings unless the context otherwise requires:

1.Account: means your account duly registered with GeekGame to facilitate you using the Services available on the Platform (or any of them);

2.Buyer: means a person who purchases items on the Platform;

3.Content: means all information, linked pages features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including, without limitation, any mobile application services) or other materials made available on or through the Platform or its related services;

4.Intellectual Property: means all copyrights, trademarks, service marks, brand names, logos, copyrighted information and other intellectual properties belong to the corresponding owners/ publishers/ developers and/or GeekGame, respectively;

5.Item(s): means any goods, product or service made available for sale on the Platform;

6.Legal Age: means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction.

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

8.Platform: means collectively, the web Platform presently known as GeekGame.com, GeekGame Android APP, GeekGame iOS APP and such other web and/or mobile Platform administered and managed by GeekGame;

9.SEAGM Credits: means the electronic credits value that may be purchased by the Buyer from GeekGame for purchase of goods and services on the Platform;

10.Service(s): means (a) the Platform; (b) the services provided on the Platform and client software made available through the Platform, including (but not limited to) selling/ reselling/ retailing/ purchasing games, related merchandise and items, games advertising/ publishing and games’ credit recharge/ top-up/ reload; and (c) the Content.

11.Submission: means any material, information or idea you provided to GeekGame by any means;

12.Terms of Use: means these Terms of Use governing the use of the Services by you as may be amended at any time and from time to time as and when GeekGame shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Use for products, services or facilities, as determined by GeekGame from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Use and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and

13.User ID: means the unique user identification provided to you during registration of an Account.

2. Licence to Use

In consideration of you agreeing to these Terms of Use and your continuing observance and compliance of these Terms of Use, SEAGM hereby grants you a non-exclusive, non-transferable licence to access the Platform and use the Services upon the terms and subject to the conditions stated herein.

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 their content; any collection and use of any product listings, descriptions or prices; any derivative use of the Services or their 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.

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.

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.YOUR OBLIGATIONS AND USE OF THE SERVICES

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.

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.

You shall provide all necessary information and supporting documents (including but not limited to the proof of your billing address and mobile phone number) as reasonably requested by us from time to time for the purpose of your use of the Services, taxation and/or compliance with applicable laws in any jurisdiction. We reserve the right to claim against you for any legal consequences, including costs, losses or damages which we may suffer or incur should any of the information or documents provided by you is false, inaccurate, incomplete or misleading.

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.

You must not use fraudulent means to purchase Items or make use of any payment methods to purchase Items for fraudulent purposes or otherwise in connection with a criminal offence or other unlawful activity. If such activity is detected by us, we may refuse any purchase or initiate a refund to you relating to such Items. In the event a refund is initiated by us, the relevant Operator shall disable your access to the relevant Items and/or retrieve the relevant Items from you. We reserve the right to claim against you for any legal consequences, including costs, losses or damages which we may suffer or incur as a result.

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 Operator's Terms or in any manner that is contrary to applicable law.

You hereby acknowledge and agree that Operators, 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 Operators 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.

4.OUR ROLE

We will assist in facilitating transactions that are carried out on the Platform, but we are neither the buyer nor the seller of Items that are the subject of a transaction carried out through the Services. Any agreement for the sale of any Items is solely between you as the buyer, and the Operator as the seller. We are not a party to that agreement and we do not have any responsibility in connection with it nor are we an agent for the Operator.

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 operator of your relevant credit or debit card, stored value facility, payment service or other payment instrument (each, a "Payment Instrument" and such issuers and operators, the "Payment Provider") under separate terms and conditions which you have agreed with the Payment Provider.

You acknowledge and agree that:

(a)we are granted by Operators authority to collect and receive payments as for transactions that are carried out on the Platform between you as the buyer and Operator as the seller on behalf of the Operator from you; and

(b)you are released from the payment obligation to the Operator at the time the payment from you to us is completed as for such a particular transaction.

5.OUR RIGHTS AND OBLIGATIONS

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.

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.

6.ADVERTISEMENT AND PROMOTIONS

We may provide you with options to close or minimise advertisements on the Platform, but 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 Platform, such as "red packet" giveaways, or top-up gifts.

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.

7.PRICE, DELIVERY OF ITEMS

Price

The price you will pay for your purchase of Items is determined by the Operator and denominated in the currency at the election of the Operator (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. Applicable taxes shall be ascertained based on the information and declaration provided by you.

Delivery of Items

The Operator shall be responsible for the delivery of Items transacted through the Services, and we will not be liable or responsible to you in any way for the delivery of such Items.

If you request a refund for any Items, or if the Operator cannot charge your payment method for any reason (such as insufficient funds or expiration of your payment method), the relevant Operator may 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.

If a dispute arises in relation to Items, including in relation to disputes regarding the price and/or quality of Items bought and sold via the Services, such dispute shall be resolved by you and the Operator 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.

8.OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to the Platform, 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, "GeekGame"), logos, domain names or other distinctive brand features, without our prior written consent.

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.

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.

We may in our discretion provide technical support for the Platform (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.

9.OPEN SOURCE SOFTWARE

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 an Appendix to these terms and/or within the relevant Software.

10.YOUR DEVICE

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.

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.

11.PAID SERVICE

Certain functions in the Services may be paid services. If you use those paid services, you will be charged a fee.

We may make amendments and changes, in our absolute discretion, to the amount of fees we charge and the method of payment in relation to the paid services. We may also impose fees on any existing free-of-charge services. Prior to such changes, we will make an announcement or notification. If you disagree with such amendment or change you must immediately stop using the relevant service.

12.COMPLIANCE WITH LAWS

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.

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.

13. OUR LIABILITY

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 Operators 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.

To the extent permitted by applicable laws and regulations, our total aggregate liability of us and our affiliates, for all claims in connection with these terms and conditions or the Services, arising out of any circumstances, shall be limited to the greater of the following amounts: (i) the amount that you have paid to us for your use of the Services in the 6 months immediately preceding the date of the most recent claim; and (ii) USD100.

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, 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.

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 paid on your behalf 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.

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).

(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.

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.

You hereby release us (and our affiliates (excluding Operators, whose liabilities are addressed under the Operator'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.

We do not guarantee the legality, authenticity or quality of Items listed for sale via the Services, nor do we guarantee your ability to complete a transaction with an Operator or 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 authenticity or quality of the Items bought by you via the Services.

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.

Nothing in these Terms affect your legal statutory rights (to the extent applicable) to have Items provided to you by the relevant Operator within a reasonable time or to receive a refund from the relevant Operator if Items ordered cannot be supplied by the relevant Operator within a reasonable time.

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 Operators) 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.

14.INTERRUPTION, SUSPENSION AND TERMINATION OF THE SERVICE

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.

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 fee we have charged.

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.

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.

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.

15.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 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, you must immediately stop using the Services.

16.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.

17.MISCELLANEOUS

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.

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.

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 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.

These Terms are a contract between you and us. No other person will have any rights to enforce any of these Terms.