This web page represents our Terms and Conditions on the Use of the VGameCard ("Terms"), located at www.VGameCard.com and the tools provided by VGameCard and/or its affiliates and governs all products offered by VGameCard as particularly described below (“Products”). These Terms and Conditions apply to your use of all of VGameCard Products and website developed by MOBILE ARTS SDN BHD. You acknowledge that you are aware of the contents of and agree to be legally bound by these Terms and Conditions. The terms, "we" and "our" as used in this Term refer to VGameCard. Our Product permit you to make purchases at our Website using your mobile account or payment channels.
We may amend these Term at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. By assessing, using and making purchases using our Product, you are agreeing to these Terms.
VGameCard reserves the right to refuse to provide the Product to anyone for any reason at any time. Your use of the Product and/or website is at your sole risk. In circumstances where you are authorized both to make purchases for the organization, you may make purchases using a corporate or business mobile account or payment instrument and shall agree to these Terms on its behalf.
You expressly understand and agree that VGameCard shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Product and/or website.
In no event shall VGameCard or our merchants be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our Product or these Terms (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of your breach of these Terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party or your use of the Product and/or our website.
The Product may provide, or third parties may provide, links to other World Wide Web (www) sites or resources. Because VGameCard has no control over such websites and resources, you acknowledge and accept that VGameCard is not responsible for the availability of such external websites or resources, and do not endorse and is not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), advertising, products or other materials on or available from such websites or resources. As such, you also acknowledge and accept that VGameCard does not and is not obligated to examine, evaluate or screen any of these external resources and does not warrant or endorse any of the information, content, offers or claims of these third parties. You further acknowledge and agree that VGameCard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods available on or through any such website or resource.
You agree not to alter, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, use of the Product, or access to the Product without the express written permission by VGameCard.
The entire content of this website which consists of inter alia text, video (of any format, streaming or otherwise), audio clips (of any format, streaming or otherwise), data assemblages, graphics, logos, buttons, icons and any software (the "Site Content") is proprietary to VGameCard or its content provider or other third parties and is protected under international and domestic copyright laws. The arrangement and/or compilation of the Website Content is proprietary to VGameCard and is protected under international and domestic copyright laws.
Verbal or written abuse of any kind (including but not limited to threats of abuse or retribution and defamatory statements) of any VGameCard’s customer, employee, member, or officer will result in immediate account termination.
The failure of VGameCard to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Using our Product, you agree that:
As a user of our Product, you agree not to:
VGameCard reserves the right to deny payments from suspicious buyers. In the event that an order or payment is tagged as being suspicious, delivery of item(s) will be delayed until VGameCard can successfully verify its legitimacy, be it by phone or a request for verifying information. The determination of what amounts to suspiciousness shall be at the sole and absolute discretion of VGameCard. You acknowledge and accept that under the laws of certain jurisdiction, VGameCard may be obligated to report any suspicious transactions to the relevant authorities.
Unless you notify VGameCard to the contrary on the day of delivery and such notification is confirmed by email, the Product shall be deemed to have been accepted by you as being in good order and in accordance with the terms and conditions under which the Product is offered by VGameCard.
You undertake to make all payments promptly and in accordance with any rules, regulations or guidelines issued by VGameCard from time to time and shall not be entitled to withhold payment of all or any of the price.
All transactions made in accordance with these Terms and Conditions are final. The Product that has been delivered are strictly non-refundable.
If you have any complaints about our website and/or Product, you should direct them to us via e-mail at firstname.lastname@example.org
Participation in the Program
PIN (Personal Identification Number)
Coin expires 12 months after the date it is acquired.
Coin does not have any cash value, monetary value, or other values, and cannot be converted to any currency. Coin are calculated according to the Reward Program that we provide from time to time. VGameCard reserves the right to set the amount of Coin required to redeem or convert into any goods or benefits that will be exchanged and to alter the amount at any time, without prior notice.
INTELLECTUAL PROPERTY RIGHTS
If you purchase any digital content from the website, it is exclusively for your personal consumption. You have no right to reproduce it for any reason. Except for the licenses granted in these Terms and Conditions, you have no right, title or interest in or to VGameCard or its Product. The content and information of this website is protected by intellectual property rights law and owned by VGameCard and/or the proprietary property of its suppliers, affiliates, or licensors. Without VGameCard’s prior written permission, you may not copy, reproduce, publish, distribute, transmit, display, license, sell, circulate, create derivative works from, or otherwise exploit the content and information of this website to any third party (including, without limitation, the display and distribution of the material via a third party websites or other networked computer environment).
Unauthorized use of this website, including without limitation, unauthorized entry into the VGameCard systems, misuse of passwords or misuse of any information posted on the website is strictly prohibited. In addition, use of this website is unauthorized in any jurisdiction where the use of this website may violate any applicable legal requirements.
All trademarks, product marks, trade names, logos and icons (collectively "Trademarks") displayed on our website are registered and unregistered Trademarks of VGameCard and others. Nothing contained in our website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on our website without the written permission of VGameCard or such third party that may own the Trademarks displayed on our website. Your use of the Trademarks displayed on our website, or any other content on our website, is strictly prohibited.
DISCLAIMER OF WARRANTIES
VGameCard DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PRODUCT AND/OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE PRODUCT FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE PRODUCT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any Product that is purchased using our Product. We are not required to issue refunds if a purchase turns out to not meet your expectations, or if the third party providers do not fulfil their commitments, although we will make reasonable efforts to assist you in these matters. We have no obligation, and cannot guarantee that, we will resolve any disputes related to any transaction to your satisfaction.
We have the absolute discretion to alter the Terms & Conditions, in any way in respect of the Program, including terms of ordering, Coin usage procedures for Reward, or Reward in any form, without prior notice, and even if the changes can affect the value of the accumulated Coin. You must check our present Terms & Conditions and details and other information for the Program through the Member Web Portal or by calling our Customer Support at cs@VGameCard.com.
Our website content are provided based on “as is” and “as available”. We hereby firmly state that we do not make any guarantees or collaterals whether expressly or implicitly, in respect to the merchantability of a product or suitability of our product that we provide for a specific purpose.
From time to time, our Product may be delayed, interrupted or disrupted for an indeterminate period of time. In addition, except as otherwise required by applicable law or regulation, VGameCard may terminate your use of Product or impose limits on the type and/or amount of transactions you are allowed to make with the Product at any time at its sole discretion without prior notice. VGameCard and its affiliates shall not be liable for any claim arising from or related to VGameCard arising from any such delay, interruption, disruption, limitation, or suspension.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR INABILITY TO USE THE PRODUCT; (ii) ANY CHANGES MADE TO THE PRODUCT OR ANY TEMPORARY OR PERMANENT CESSATION OF THE PRODUCT OR ANY PART THEREOF; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE PRODUCT; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT; (vi) PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, (vii) DELAY, FAILURE OR DECISION BY US IN THE OPERATION OF THE PROGRAM OR ANY CHANGES TO THE TERMS AND CONDTIONS ON THE REDEMPTION AND USAGE OF THE POINTS (viii) ILLEGITIMATE USE OF YOUR MEMBER CARD OR PIN, (ix) OFFERS, DESCRIPTION, STATEMENTS OR CLAIMS ABOUT THE PROGRAM, BRANDS OR PARTNERSHIP OR ANY INDIVIDUAL, (x) PURCHASES, REDEMPTIONS OR USAGE OF GOODS FROM THE BRAND OR PARTNERSHIP, INCLUDING OTHER REWARD, WHETHER PROVIDED BY US OR ONE OF OUR AFFILIATES, BRAND OR PARTNER. OUR BRAND AND PARTNERS ARE NOT ACCOUNTABLE FOR THE PROGRAM AND (xi) ANY OTHER MATTER RELATING TO THE PRODUCT AND/OR WEBSITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF VGameCard OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF PRODUCT AND/OR WEBSITE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
NO REFUND POLICY
VGameCard digital Products have a strict no-refund policy. Please be sure the products are right for you before purchasing. Users are solely responsible for confirming that their devices are compatible with the Products they purchase. All virtual item purchased are final, non-refundable and non-returnable. We do not offer refunds or exchanges for the incorrect purchase of VGameCard Products, including due to compatibility issues.
VGameCard may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Product. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Product; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Product to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Product, provided that in the case of non-material breach, VGameCard will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by VGameCard in its sole discretion and VGameCard will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Product.
In addition, VGameCard may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Product or any part thereof. Notice of general discontinuance of Product will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of VGameCard’s reasonable control.
Should you breach any of these Terms and Conditions, VGameCard shall have the exclusive sole and absolute right to terminate, discontinue or withdraw the provision of the Product to you. In the event of a breach by you, VGameCard reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.
VGameCard is not a bank, e-money issuer, or money transferor and does not require the approval of the relevant Authorities to operate. Your prepaid or post-paid mobile account is not a bank account, e-money account, payment card, or other regulated financial instrument. VGameCard does not process or store your credit or debit card number. This Agreement shall be governed by and construed according to the laws of Malaysia without regard to its conflicts-of-law provisions, and you and VGameCard agree to submit to the exclusive jurisdiction of the Malaysia courts. Nothing in these Terms and Conditions is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you, us, or our affiliates. VGameCard may assign this Agreement, any of its terms, and any of VGameCard obligations, in whole or in part, at any time, with or without notice to you, but you may not assign this Agreement, or any part of it, to any other party without VGameCard’s prior written approval. Any attempt by you to do so is void.
Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms and Conditions must be filed within one (1) year after such claim or cause of action first could be filed or be forever barred. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions.
These Terms and Conditions constitute the entire agreement between you and VGameCard, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings (including, but not limited to, any prior versions of the Terms and Conditions). No modification or amendment of this Agreement will be binding on VGameCard unless set forth in writing signed by us.
If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the economic, legal and business objectives of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement will remain in full force and effect.
These Terms and Conditions were written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version controls and prevails. We reserve the right to change, modify or otherwise alter these Terms and Conditions at any time. You can find the most recent version on our website. Such modifications shall become effective immediately upon the posting thereof.