These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by GameSoftBank (as defined below).

 

1. General

These Terms applies to all users of the Services, including without limitation users who are sellers, buyers. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and TOG Services Pte. Ltd or between you and any different service provider identified for a particular Service. For ease of reference, each of TOG Services Pte. Ltd. and its subsidiaries are referred to in these Terms as “GameSoftBank”.

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.

GameSoftBank reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

 

2. Use of the Services

Subject to your compliance with these Terms, GameSoftBank grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
• Use the Services in violation of or to circumvent any sanctions or embargo.
• Use the Services for any purpose for which it is not designed or intended.
• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by GameSoftBank.
• Use any proprietary information or interfaces of GameSoftBank or any other intellectual property of GameSoftBank in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
• Commit any act to avoid paying any applicable fees and/or charges.
• Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
• Authorise or encourage anyone to do any of the foregoing.

GameSoftBank reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

 

3. Account

You would need to have an account with GameSoftBank (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.
• You are capable of entering into and performing legally binding contracts under applicable law.
• All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

• Keep your password secure.
• Keep your account information up to date at all times.

Comply with GameSoftBank’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

Unless expressly permitted by GameSoftBank and subject to these Terms and any other additional terms as GameSoftBank determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.

 

4. Fees and Payments

Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees and/or fees and charges otherwise in relation to your Account or listing (collectively, the “GameSoftBank Fees”).

You may be charged a transaction fee in accordance with GameSoftBank’s prevailing listing fees’ rules and charges, which can be found in this article and forms a part of these Terms.

You acknowledge and agree that:

• GameSoftBank does not represent or warrant that any GameSoftBank Fees paid or payable will lead to a like, offer, chat and by extension, sale; and
• there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

 

5. Content

The Services allow users to share comments, text, links and other information (“Content”).

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

You acknowledge that GameSoftBank does not pre-screen Content commented by users. GameSoftBank shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, GameSoftBank shall have the right to remove Content, without liability or the obligation to offer in any of the following events:

• If the Content is in breach of these Terms.
• If GameSoftBank has received a complaint or notice of infringement in respect of the Content.
• If the Content is otherwise objectionable.

GameSoftBank may also block Content and the delivery of a communication (including, without limitation, feedback and postings) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

 

6. Selling and Buying on GameSoftBank

In using the Services to create a listing and offer an item for sale, you agree to comply with the following:

Without prejudice to the rest of these Terms and GameSoftBank’s policies, you warrant, in respect of each item which you offer for sale on the Services (as the case may be), that:

• You are the owner of the item, and the item is not stolen.
• The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.

All offers made and accepted through the Services are binding.

If you are a seller who has accepted a buyer’s offer for an item:

• You agree to drop off the item or otherwise complete the transaction with GSB appointed location in a prompt manner unless there is an exceptional circumstance, for instance
• If you are a buyer whose offer for an item has been accepted by a seller, your deposit will be deducted for the payment to the seller for the item, unless there is an exceptional circumstance, for instance, the goods is damaged via the authentication check in our GSB venue

Notwithstanding the foregoing, as GameSoftBank is not involved in Transactions which are considered solely between users, GameSoftBank cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

 

7. Refund Policy

When a buying offer is made, the offer is held as a deposit. The deposit is for the purpose of ensuring offers for products are legitimate. The deposit will be released back to the wallet under the circumstances listed below:

• If a match is cancelled by the seller
• If the seller fails to drop off the item at the drop off outlet within the drop off period
• If the item is faulty or damaged

 

8. Payment Service

GameSoftBank allows a buyer to make credit top up for making an offer of an item listed on the Platform using: (i) Paynow, the buyer registers with GameSoftBank; (ii) GSB Venues.

8.1 GameSoftBank Balance

All the payments that a seller has earned from selling items through GameSoftBank Protection will be accepted through the seller’s Account and reflected as a balance in the ("Wallet"), after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by GameSoftBank and/or its Payment Service Providers (as defined below), using reliable and independent sources, and retention of reference documents used in such verification:

• your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
• the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;

as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.

You may withdraw the available balance to your linked bank account (“Default Withdrawal Method”) by submitting a withdrawal balance request (each, a “Withdrawal Request”).

No fees will be imposed for each Withdrawal Balance Request. Notwithstanding anything to the contrary herein, GameSoftBank reserves the right to amend and/or impose any rates and/or fees for any Withdrawal Balance Request, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.

 

8.2 GameSoftBank Transaction Fees

You acknowledge and agree that you will be charged base on successful transaction fees (collectively, the “Transaction Fees”) by GameSoftBank, as follows:

Buyer (Transaction Fee): If you are a buyer of a transaction using GameSoftBank Service, once your order is accepted by the seller, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged at $2.50.

Seller (Transaction Fee): If you are a seller of a transaction using GameSoftBank Protection, once you drop off the item, the Transaction Fees of $2.50 (if any) applicable to such order (as stipulated during your order detail form) shall be deducted from the wallet.

GameSoftBank reserves the right to amend any Transaction Fees. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.

 

8.3 Payment Services Provider

In order to provide the Payment Services, you acknowledge that GameSoftBank may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.

Information required for Payment Services: In order to use the Payment Services, you must provide GameSoftBank and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least valid Paynow account through the Platform. GameSoftBank and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.

By providing the account information for a Paynow account!, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.

You agree to authorise GameSoftBank and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 8.

 

9. Privacy

Your privacy is very important to us at GameSoftBank and we have provided the GameSoftBank Privacy Policy to explain our privacy practices. Please review the Privacy Policy to understand how GameSoftBank collects, uses and discloses information collected and received from you.

 

10. Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of GameSoftBank. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of GameSoftBank. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by GameSoftBank.

The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by GameSoftBank to use GameSoftBank’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of GameSoftBank, which may be withheld for any or no reason.

 

11. Reporting Unauthorised Content

GameSoftBank respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please contact support.

GameSoftBank reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

 

12. Suspension and Termination

You may contact support to deactivate your Account.

GameSoftBank reserves the right to, at its sole discretion, and without liability:

• Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
• Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
• Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any GameSoftBank user, GameSoftBank employees, representatives and/or officer.

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content.

Upon termination, all rights granted to you in these Terms will immediately cease.

 

13. Limitation of Liability

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.

In no event shall gamesoftbank or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable and whether or not gamesoftbank was advised of the possibility of such damages. Without limiting the generality of the foregoing, gamesoftbank’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by gamesoftbank in respect of the services giving rise to such claims or, where relevant, shall not exceed the amount of singapore dollars then standing to the gamesoftbank coins in your account. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Nothing in these Terms shall apply to or in any way limit or exclude GameSoftBank’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or ( c ) liability which may not otherwise be limited or excluded under any applicable laws and regulations.

 

14. Indemnity

You will indemnify and hold harmless GameSoftBank, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; ( c ) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

 

15. Compatibility

GameSoftBank does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that GameSoftBank and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

16. Sub-contracting by GameSoftBank

GameSoftBank reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as GameSoftBank deems appropriate.

 

17. Miscellaneous

You and GameSoftBank are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by GameSoftBank to exercise a right or require performance of an obligation in these Terms shall not affect GameSoftBank’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and GameSoftBank and supersedes all prior or contemporaneous understandings and/or agreements between you and GameSoftBank.

 

18. Governing Law and Jurisdiction

You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

 

Last updated on15 Aug 2022