GameIN Terms and Conditions
NOTICE: Please read this Agreement and the Privacy Policy carefully. We recommend you print them out then read them or alternatively a hard copy is available on written request to us using the contact details below. This Agreement and the Privacy Policy set out the terms and conditions upon which you may access and use the services on this webapp, gamein.sg (the “Webapp”), and portals. These documents also explain how we process and use your personal information. By accessing this Webapp you agree to be bound by this Agreement and the Privacy Policy located at [gamein.sg/privacy], each of which may be amended from time to time.
YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THIS AGREEMENT BEFORE USING ANY OF THE SERVICES OFFERED. We recommend that you check this Agreement on each visit to this Webapp. If you do not wish to be bound by this Agreement and/or the Privacy Policy, you may not access or use the Webapp and the Service (as defined below) and should exit immediately.
If you are under 18 (eighteen) you should exit this Webapp immediately. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to services provided under this Agreement.
1. INTRODUCTION
GameIN (“GameIN” or “we” or “us” or “our”) operates under Yunimo Singapore Pte Ltd. Yunimo Singapore Pte Ltd., a limited liability company registered in Singapore whose registered office address is 16 Raffles Quay #33-03 Singapore 048581 under company number 201431699H (the “Company”) PROVIDES GAMES THROUGH OUR WEBAPP (the “Service”). YOU CAN ACCESS THE SERVICE UNTIL YOU SELECT THE “UNSUBSCRIBE” OPTION IN THE WEBAPP MENU OR YOU CONTACT OUR HELPLINE IN ORDER TO UNSUBSCRIBE FROM THE SERVICE. THE SERVICE IS PROVIDED IN THE FORM OF A MONTHLY SUBSCRIPTION, AND CUSTOMERS WILL BE CHARGED S$3 PER WEEK INCLUDING GST FOR THE SERVICE. CALL OUR HELPLINE AT THE BOTTOM OF THIS AGREEMENT WITHOUT HESITATION SHOULD YOU HAVE ANY QUESTIONS REGARDING ANY ASPECT OF OUR SERVICE.
In this Agreement references to “we”, “us”, “our” and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer (you) and the Company.
2. EFFECT OF THIS AGREEMENT
2.1 By agreeing to this Agreement and/or by continuing to use the Service, you are bound by the entirety of this Agreement and any rules governing any games provided or played on the Webapp. If there are any inconsistencies between any rules on our Webapp and this Agreement, then the terms of this Agreement shall prevail.
2.2 We reserve the right to make any amendments to this Agreement or the Privacy Policy without notifying you, and we encourage you to review this Agreement and our Privacy Policy available on our Webapp periodically. Your continued use of the Service will be deemed to be your acceptance of any changes to this Agreement and Privacy Policy (as applicable).
3. YOUR REPRESENTATIONS
3.1 By seeking to register for the Service and/or by accessing and/or playing any of the games provided by the Service, you hereby confirm to us that at all such times you:
a) are principally located in Singapore
b) are aged 18 years or over;
c) are of sound mind and capable of taking responsibility for your own actions;
d) can enter into a legally binding agreement and you are the person whose details are provided in connection with your Registration, as defined below;
e) are acting as principal and not on behalf of anyone else;
f) are the authorised owner of the mobile device which you registered to your account on the Webapp during the Registration process, as described below.
g) you are located in a jurisdiction in which such Registration, as defined below, accessing, and/or playing any of the games is not unlawful or contrary to any applicable regulation. It is your responsibility to ensure that this is not the case.
3.2 Persons in breach of this Agreement are not entitled to access the Service and could be committing an offence, including fraud, and be subject to civil and criminal prosecution.
3.3 You must not access or play any games unless you have first registered with us.
3.4 You may only access and play games through this Webapp.
3.5 You hereby warrant to us that all information provided in your Registration, as described below, and all personal information provided to us is complete, accurate and not misleading, and that you shall update such information should there be any change.
3.6 You undertake to use the Service for legitimate personal entertainment purposes only.
4. REGISTRATION
4.1 Before you are able to access any of the games on the Webapp you will be required to register with us by completing the registration processes on the Webapp (“Registration”). Once your Registration is complete, you should then be able to access and play games via the Webapp subject to this Agreement.
4.2 For security purposes, following Registration you will be provided with access to the Service via gamein.sg. Transactions made using your registered mobile number are accepted by us on the understanding that you are authorised to register this mobile number, open the account, access, and play games. If an alternative source has accessed your account with the Service in any manner we accept no liability for the consequences or costs incurred or information lost, stolen or misused.
4.3 You agree to be solely responsible at all times for all use of this Webapp, the Service or any accessing or playing of games through use of your Registration. You are responsible for keeping all your registered details confidential. You are also responsible for ensuring that all persons who access the Webapp through your internet connection are aware of this Agreement and are in compliance with its terms.
4.4 We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
4.5 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including use by any 3rd party, which may keep a record of that information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your Registration.
4.6 We reserve the right to refuse to register you and/or the right to suspend and/or terminate your Registration immediately and without consultation, notification or giving reasons therefore in the event that you cause to be published on, and/or send via, the Webapp any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of this Agreement, any applicable law or regulation, or should we deem it in the best interests of the Company and/or other customers to do so.
4.7 It is your responsibility to ensure that at all times you comply with all laws and regulations with respect to the Service and the games made available through the Webapp in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to use the Service, and to register.
4.8 Use of the Webapp will be closely monitored to ensure that no customer is using the Webapp or the Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the Registration if we consider or suspect that the Service is being so used.
4.9 You agree to inform us at once by electronic mail or telephone if you believe that your information is being misused by a third party so that we may suspend your Registration.
4.10 If any of your personal details or other information relevant to your Registration change, you must inform us immediately by logging back into your account and making the necessary amendments to update such information.
5. ACCESS AND USE OF THE SERVICE
5.1 In order to access and/or play games, follow the information shown on your device’s screen.
5.2 Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any of the games.
5.3 No refunds will apply for early abortion of any games or termination of the Service following a payment period.
5.4 We reserve the right to change the format of the Service, the Webapp or the games that we offer for enhancement and we reserve the right to record all telephone calls made to us and to monitor all information relating to games accessed and/or played for which purposes you consent to in accordance with the provisions of the Personal Data Protection Act 2012.
6. VIRUSES, HACKING AND OTHER OFFENCES
6.1 You must not or attempt or encourage to misuse the Webapp or Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Webapp, the server on which the Webapp is stored or any server, computer or database connected to the Webapp. You must not attack the Webapp or Service via a denial-of-service attack or distributed denial-of-servicer attack.
6.2 By breaching Clause 6.1 above, you would commit a criminal offence under the Computer Misuse and Cybersecurity Act (Revised Edition 2007) Computer Crimes Act 1997. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Webapp and the Service will cease immediately without notice to you or any liability to us.
6.3 We will not be liable for any loss or damage caused by the distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Webapp or the Service or to your downloading of any games or other material posted on it, or any website linked to it.
7. SPECIAL PROMOTIONS
7.1 We may, from time to time, run promotions including free games which are free to be accessed and played but subject first to your full Registration on the Webapp.
7.2 The rules of entry or access to any promotions will be displayed on the Webapp and may sometimes be restricted to only first time users and non-account holders. For the purposes of this Agreement, a ‘first time user’ is a customer who has not subscribed to the Service before or has not been a subscribed member of the Service within the immediately preceding 12 (twelve) month period.
8. SECURITY POLICY
8.1 We will not sell your personal details to third parties. However, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Service and/or Webapp or if we are required by law to do so, for example under the exemptions in the Personal Data Protection Act 2012, Computer Misuse and Cybersecurity Act (Revised Edition 2007), Criminal Procedure Code and/or any other money laundering or data protection legislation.
8.2 We collect, process and retain information about you in accordance with our Privacy Policy, which is available on our Webapp and which we encourage you to review. By using our Webapp, you consent to such collection, processing and retention, and you warrant that all data provided by you is accurate, up to date and complete. You also agree to update such data as and when there are changes to the same.
9. COMPLAINTS AND DISPUTES
9.1 Should you wish to make a complaint with respect to this Service, any games, competition or any other matter, please contact us by emailing or writing to the postal address at the bottom of this Agreement. A copy of our Complaints Procedure will be sent to your registered email address upon request by you and in the event that you submit a complaint to us.
10. OUR LIABILITY
10.1 The following provisions set out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or our employees, agents or subcontractors; and
b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Service.
10.2 Nothing in this Agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence; or
b) any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for; or
c) fraud or fraudulent misrepresentation.
10.3 We are not liable for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut, trade or labour dispute, failure or any omission of any government or authority, delay, interruption, obstruction, or failure of telecommunication services or any other cessation, delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Webapp and/or the Service. indefinitely and without notice or incurring any liability whatsoever.
10.4 All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same. You agree to indemnify us in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your use of the Webapp and/or the Service. Your statutory rights as a consumer (if any) are not affected by this Agreement.
10.5 Subject to Clause 10.2 above:
a) our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of with the lesser of 100 SGD or the monthly subscription charge paid by you in the preceding calendar month to the claim in question;
b) we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Webapp and/or Service whether or not we have been previously made aware of it.
10.6 We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via the Webapp (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse contents of such advertisements or information. In particular, we shall have no liability in respect of material hyper-linked which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on the Webapp of a link to another website or webapp does not constitute any authorisation to access materials held at that website or webapp.
10.7 We make no representation or warranty about information or any other item(s) able to be accessed either directly or indirectly from the Webapp (save to the extent expressly provided on the Webapp) and we reserve our rights to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Webapp.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Ownership:
The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Webapp (the “Webapp Materials”, which includes text, data, graphics, photographs, videos, animation, images and audio visual content) is owned by or licensed to us or the owners of third party websites or webapps. This IPR is protected by the laws of Singapore as well as the country in which it was created and/or is registered, international treaties and all other applicable copyright and intellectual property laws. Any unauthorised distribution is strictly prohibited and legal action could be taken against any such person who makes unauthorized distribution of the Webapp Materials or the IPR.
11.2 Trademarks:
Our names and associated logos are and shall remain the exclusive trademarks of the Company.
11.3 Copying:
Any downloading, use or copying of Webapp Materials except as otherwise permitted by this Agreement is strictly prohibited and in particular you agree to use the Webapp Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
11.4 The following activities are prohibited unless you receive our express prior written permission on each occasion:
a) deployment within this Webapp of any spider, robot web crawler or other automated query program; and
b) re-use and/or aggregation of any of the Webapp Materials in the provision of a commercial service.
11.5 The copying and use of third party Webapp Materials accessed via the Webapp is governed by the terms of use applicable to the third party website or webapp accessed by you.
12. SUBMISSION OF INFORMATION
Excluding personal information (which is covered in the Privacy Policy), all other information (including but not limited to comments, ideas, suggestions, concepts and graphics) submitted via the Webapp will become our exclusive property without obligation of confidentiality and we, at our sole discretion, shall be free to use such information for any purpose without any restriction whatsoever.
13. GENERAL
13.1 This Agreement constitutes the whole agreement between you and us to the fullest extent permitted by law with regard to use of the Webapp and the Service.
13.2 The Privacy Policy forms an integral part of this Agreement.
13.3 Nothing in this Agreement shall exclude or limit liability for fraud or fraudulent misrepresentation.
13.4 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from this Agreement and the remainder of this Agreement will continue to be valid and enforceable to the fullest extent permitted by law.
13.5 The rights and related benefits conferred under the terms of this Agreement are intended to inure solely to, and benefit, the parties of this Agreement hereto. The terms of this Agreement, and the rights and benefits created pursuant hereto are not intended, and do not confer or grant any right, or entitle any person other than the parties hereto to enjoy the benefits created hereunder. Accordingly, nothing in this Agreement, whether express or implied, will be construed to give any person other than the parties any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained in this Agreement.
13.6 No failure or delay by us to exercise any of our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by us.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Singapore. You irrevocably agree the courts of Singapore shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to this Webapp and that the laws of Singapore shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing this Webapp or using the Service.
Customer Service:
If you have any questions concerning this Agreement please contact:
GameIN C/O, Yunimo Singapore Pte Ltd
Helpline:
Phone: 800-852-3842(Singtel); 800-852-3843(Starhub); 800-101-2097(M1)
Email: gamein.sg@buongiorno.com
Update: last updated March 2016