Terms of use
Before you use the platform, please read the following terms and conditions carefully. By using the platform, you signify your agreement to these terms and conditions and you shall be bound by the same. If you do not agree to any of these terms and conditions, do not use the platform.
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General
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The Services are intended for, and may only be used by:
- individuals who are 18 years and older who can form legally binding contracts under applicable law, and
- individuals who are under the age of 18 with the consent and direct supervision of his/her parent or legal guardian. All transactions carried out by any individual under the age of 18 pursuant to this Agreement shall be deemed to have been approved by his/her legal guardian or parent and such legal guardian or parent shall be responsible for any and all activities conducted by such individual under the age of 18.
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The Services are intended for, and may only be used by:
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Access to platform
- You shall be solely responsible for keeping the username and password of your Account confidential and secured at all times and shall immediately notify CheatBay of any unauthorised access to your Account. Any instruction, notification or confirmation received by CheatBay from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such instruction, notification or confirmation. CheatBay shall not be liable for acting on the instruction, notification or confirmation sent through your Account. CheatBay shall not be obliged to investigate the authenticity or authority of the person sending/effecting the instruction, notification or confirmation or verify the completeness of such instruction, notification or confirmation.
- If you wish to have access to the Platform and CheatBay Services, you shall create an Account with CheatBay in accordance with the Registration Process. Upon successful registration, you may be given access to the Platform and CheatBay Services by logging in to your Account. CheatBay shall be entitled to perform a background check on you and shall have the right, in its sole and absolute discretion, to refuse to grant you access to the Platform and CheatBay Services or any part thereof. You may be asked to provide additional verification or information during the registration process or after registration.
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You shall closely monitor all activities and transactions carried out through your Account and you shall take all steps and measures to check and verify the transaction history of your Account. You shall immediately notify CheatBay:
- of any unusual activities or transactions in connection with your Account or in the event that any of the activities or transactions are not accurately recorded in your Account;
- upon receipt of any incomplete, garbled or inaccurate data or information from CheatBay; and
- upon receipt of any data or information which is not intended for you and you shall not use or disclose any such data or information without CheatBay’s written consent.
- Unless expressly agreed by CheatBay each person is limited to one Account. No Account may be created on behalf of or in order to impersonate another person. Should CheatBay discover that such a fraudulent account has been created, CheatBay shall be entitled to immediately suspend the account and reserves the right to take any further remedial action, including without limitation informing the relevant authorities, without any liability on the part of CheatBay.
- All Sale Contracts are strictly made between the relevant Seller and the relevant Buyer to the full and absolute exclusion of CheatBay. CheatBay makes no representation and/or warranty of any kind as to the Goods and/or Services and CheatBay shall not be made liable or responsible to you in any manner whatsoever for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Sale Contract, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant Seller or Buyer. The Buyer acknowledges that there is a risk that the relevant game developer may modify the Buyer’s game account and its content from purchases made by the Buyer via the Platform and CheatBay shall not be held liable in any manner whatsoever in such circumstances. For the avoidance of doubt, all Goods and/or Services are offered by the relevant third party Seller and CheatBay is merely the facilitator of such Goods and/or Services. As such, CheatBay has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings. CheatBay is not obliged to conduct pre-screening on users. CheatBay cannot guarantee that a Buyer or Seller will actually complete a transaction.
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Notwithstanding the foregoing, the Sale Contract shall be subject to and you shall observe and comply with the following terms and conditions:
- You shall not modify or cancel any Sale Contract formed via the Platform except with the agreement in writing of CheatBay and on the condition that you shall indemnify CheatBay in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by CheatBay as a result of such modification or cancellation;
- You shall carry out all your obligations in connection with the Sale Contract diligently in a timely manner and with due care and skill;
- You shall comply with any instructions, guidelines and/or policies as may be published or provided by CheatBay in connection with the Sale Contract from time to time.
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In the event that any conflict, dispute and/or issue between you and another user or a third party in respect of the Sale Contract arises,
- we encourage you to contact the user or third party and use your best endeavour to resolve such conflict, dispute or issue fairly and amicably, which CheatBay shall use reasonable commercial efforts to facilitate.
- CheatBay may, but not obliged to, intervene or take part in the resolution of such conflict, dispute or issue for the benefit of users. CheatBay does so in good faith and at its sole and absolute discretion, in accordance with the dispute resolution process based upon CheatBay policies. CheatBay has no obligation to resolve disputes between users or between users and outside parties. You shall comply with all reasonable instructions as may be made by CheatBay in connection thereof.
- CheatBay shall have the right to retain any sums paid by the Buyer for the relevant Goods and/or Services until a mutually amicable binding resolution has been reached; and
- You release CheatBay (and CheatBay's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all demands, damages and claims (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or a third party to the maximum extent permitted by applicable law..
- CheatBay shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to the Seller in respect of the obligations on the part of the Buyer to pay the price of the purchased Goods and/or Services.
- You shall not upload illegal digital goods to CheatBay.
- You shall not use CheatBay for illegal activities.
- The Platform may contain links to third party sites or to resources provided by third parties (“ Third Party Sites/Content ”). The Third Party Sites/Content are linked solely for your convenience. CheatBay has no control over and CheatBay assumes no responsibility for the Information contained in such Third Party Sites/Content. CheatBay accepts no responsibility for any loss and/or damage that may arise from your use of the Third Party Sites/Content. If you decide to access any of the Third Party Sites/Content, you hereby agree to do so entirely at your own risk.
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To the maximum extent permitted by law and the Act,
- the Platform, CheatBay Services and all Information made available to you by CheatBay via the Platform and/or CheatBay Services are provided on an "as is" and “as available” basis, without warranty of any kind, and CheatBay hereby disclaims all warranties and conditions with respect to the Platform, the CheatBay Services and Information made available to you by CheatBay unless otherwise stated in this Agreement;
- CheatBay shall not be liable to you for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the provision of any Information made available to you by CheatBay through the Platform;
- in no event shall CheatBay be liable for any indirect, incidental, punitive and/or consequential damages and/or losses, loss of profit, goodwill, production and/or revenue and/or any other type of special losses and/or damages howsoever arising whether or not such losses and/or damages were reasonably foreseeable or CheatBay had been advised of the possibility of same incurring; and
- CheatBay’s maximum and cumulative total liability (including any liability for acts and omissions of its Representatives) in respect of any and all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising under this Agreement shall not exceed SGD30 or the relevant fees paid by you for the CheatBay Services in dispute whichever is higher.
- You agree to defend, indemnify and hold CheatBay, its affiliates and each of their respective directors, officers, employees and agents harmless from and against all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses, including attorneys' fees, arising howsoever under this Agreement including without limitation arising from or in connection with negligence, omission, and/or breach of this Agreement on your part. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination. For the avoidance of doubt, nothing in this clause shall prevent or restrict CheatBay enforcing any other rights and obligations owed to it under this Agreement.
- Nothing in this Agreement shall create, or be deemed to create, a joint venture or partnership between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of the other party.
- In consideration of you agreeing to the terms and conditions contained in this Agreement, CheatBay grants you a non-exclusive, non-transferable right to access and use the Platform and CheatBay Services solely and to the extent necessary for the purpose of this Agreement. The Platform and/or the CheatBay Services shall not be commercialised in any manner whatsoever.
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The Platform, CheatBay Services, and/or all Information contained on, in or made available through the Platform and/or CheatBay Services shall be collectively referred to as “CheatBay Platform/Services” and reference to CheatBay Platform/Services shall include any part thereof. Save and except as otherwise stated in this Agreement or with CheatBay’s prior written consent, you shall not and shall not attempt to, whether by yourself or by allowing any third party:
- copy, distribute, recreate, and/or disseminate CheatBay Platform/Services except where such act is incidental to the normal use of CheatBay Platform/Services, or where it is necessary for the purpose of this Agreement or other back-up and/or operational security reasons;
- rent, lease, sub-license, loan, translate, merge, adapt, vary or modify CheatBay Platform/Services;
- make alterations or modifications to the whole or any part of CheatBay Platform/Services, or permit CheatBay Platform/Services to be combined with, or become incorporated in, any other programs;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of CheatBay Platform/Services;
- provide or otherwise make available the underlying software of the Platform in whole or in part (including object and source code), in any form to any person;
- use CheatBay Platform/Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement, or act fraudulently or maliciously;
- collect or harvest any Information from CheatBay Platform/Services or CheatBay’s systems or attempt to decipher any transmissions to or from the servers running any of the CheatBay Services;
- access any data or Information not intended for you, including without limitation logging into a server or an account which you are not authorized to access;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform and/or transmit or distribute any malicious code, viruses, or harmful data into or through the Platform or any operating system;
- misuse, abuse or gain unauthorized access to any aspect of CheatBay Platform/Services in any manner whatsoever or otherwise compromise the integrity of CheatBay's software or systems;
- send, advertise or publish any unsolicited advertising or promotional content through or on CheatBay Platform/Services; and
- use CheatBay Platform/Services in a way that could: (i) damage, disable, overburden, impair or compromise CheatBay’s systems, software and/or security; or (ii) interfere with other users’ use and enjoyment of CheatBay Platform/Services.
- CheatBay warrants that the CheatBay Services will be provided with reasonable care and skill.
- Information made available to you through the Platform or CheatBay Services may be furnished to CheatBay by third party, including without limitation the Seller and other users of the Platform. While CheatBay will use reasonable endeavours to ensure that such Information is communicated to you in its original form as supplied by the third party, CheatBay does not warrant that the said Information is accurate, complete, reliable, original, current, or error-free.
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In relation to the use of the Platform and/or CheatBay Services, CheatBay does not warrant that:
- the functions contained in the Platform and/or CheatBay Services will meet your requirements;
- the operation of the Platform and/or CheatBay Services will be uninterrupted or error-free;
- any defects in the Platform and/or CheatBay Services will be corrected; and
- the Platform is free of viruses, bugs, online interruption or other harmful threats. You shall be responsible for implementing all necessary security and virus protection measures on or in your computer or mobile device before accessing the Platform.
- there may be certain times that the Platform or CheatBay Services may not be available due to maintenance, updating or upgrading works, or such other reasons beyond the control of CheatBay. CheatBay makes no warranty that the Platform and/or CheatBay Services will be available at all times and CheatBay shall not be held responsible or liable in any manner whatsoever for such unavailability.