UPDATED AND EFFECTIVE AS OF 6th SEPT 2021
Welcome to the SEAGM website https://www.seagm.com (“Site”) and/or SEAGM mobile apps (“App”) (collectively, the “Platform”). SEAGM 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.
- Account: means your account duly registered with SEAGM to facilitate you using the Services available on the Platform (or any of them);
- Buyer: means a person who purchases items on the Platform;
- Gift Card: means an electronic gift card purchased on any of the Platform which contains a stored value available for redemption on the Platform;
- CD-Key: means an electronic key which is used to activate a video game;
- 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;
- 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 SEAGM, respectively;
- Legal Age: means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction.
- Mobile Credits: means mobile phone credits;
- Parties: means collectively, SEAGM and you and “Party” shall mean any one of them;
- Platform: means collectively, the web Platform presently known as SEAGM.com, SEAGM Android APP, SEAGM iOS APP and such other web Platform of SEAGM administered and managed by SEAGM;
- Purchased Item: means the item listed on the Platform purchased by the Buyer;
- SEAGM Credits: means the electronic credits value that may be purchased by the Buyer from SEAGM for purchase of goods and services on the Platform;
- SEAGM Points: means the points rewarded to you by SEAGM for purchase of goods and services on the Platform and includes such other description used for these points at any time;
- 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.
- Submission: means any material, information or idea you provided to SEAGM by any means;
- User ID: means the unique user identification provided to you during registration of an Account.
2. Licence to Use
3. Representations and Warranties
- your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
- you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
You shall not, and agree and undertake to SEAGM not to:
- use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- directly or indirectly, use the Services for any commercial purposes, save as otherwise permitted by SEAGM;
- use the Platform or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties or obtain any advantage, benefit or secret profit from any third party;
- use any Intellectual Property belonging to SEAGM or any other third party proprietors listed on the Platform, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of SEAGM;
- take any action that may undermine or manipulate the feedback or ratings system;
- be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Platform or the employees of SEAGM;
- attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
- harvest or collect any information about or regarding other Account holders, including, without limitation, any personal or business information;
- upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mails’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other unauthorized form of solicitation;
- upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
- interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;
- use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
- reproduce, attempt to reproduce or counterfeit any SEAGM Points and/or SEAGM Credits; and
- directly or indirectly recruit and/or poach any customers obtained from the usage of the Platform.
4. User ID
- In order to access and enjoy full functions and features of the Platform and/or Services, you may be required to create and register for an account with SEAGM by providing certain personal information. You hereby acknowledge and agree that SEAGM may conduct credit checks on you including but not limited to checking with registered credit bureau or reporting agency(ies) for purpose of accessing your credit worthiness and you agree to execute all consent form(s) or to provide additional document(s) necessary for such credit check(s) if so required by SEAGM.
- A User ID will be provided to you, where you will be entitled to set the password and/or security code for your Account subject always to certain requirements as may be then notified. In registering with SEAGM, you agree to provide accurate, current, and complete information about yourself, and to update that information if it changes; if you don’t, we have the right to close your Account and any web pages and/or other pages and/or reports created under your Account with SEAGM. If we rely on the contents of your application and accept you to use our Services, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted by us to you. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account.
5. Use of Services
- You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Platform and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Platform (or any of them).
- It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that SEAGM may issue from time to time. SEAGM shall not be liable for any errors, losses or damages caused by your use of the Services.
- It is your responsibility to secure the information of your Account. Any notification or confirmation received by SEAGM 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 notification or confirmation.
- SEAGM shall not be liable for acting on the notification or confirmation sent through your Account. SEAGM shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by SEAGM notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify SEAGM upon receipt of incomplete, garbled or inaccurate data or information from SEAGM. You shall also immediately notify SEAGM upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
- We may at any time or from time-to-time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third party service provider(s) to operate the Platform and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights, benefit or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and without notice to you.
- Unless otherwise permitted by SEAGM in writing, you shall not upload, post, email, transmit or otherwise make available any unauthorized or illegal activities on the Platform or directly to other users of the Platform.
- You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Platform.
- You irrevocably and unconditionally allow and permit SEAGM to send to your Account updates on services and events offered or provided by SEAGM.
- Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We provide these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
- You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
6. Goods & Services
- All items reflected in the Account are granted to you on a limited and revocable licence basis, use of which shall be in accordance with such terms as SEAGM may impose from time-to-time.
- The value of the items reflected in the Account does not represent any credit value in real currency. The items cannot be exchanged for real cash.
- Unless otherwise permitted by SEAGM in writing, you are prohibited from selling, transferring or otherwise disposing of the items to any other persons, whether within or outside the confines of the Platform (or any of them).
7. Availability of Services
- We may release certain Services or their features in a beta or trial version, which may not work correctly or in the same way the final version may work, and we shall not be liable in such instances.
- SEAGM may from time-time-time require verification of your identity to confirm your ownership of your Account. This verification process is required for purposes including but not limited to: (i) fulfilling SEAGM’s obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling SEAGM to take action when unauthorized usage of SEAGM accounts has been detected; and (iii) resolving any disputes relating to the ownership of a SEAGM account.
- You hereby irrevocably authorize SEAGM, whether acting on its own or through its third party service providers, to make any inquiries and to collect any documentation that it considers necessary to verify your identity. As part of this verification process, SEAGM shall request, and you shall provide to SEAGM, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.
- We reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or Services at any time or upon notice as required by applicable laws. We may also impose limits on certain features or restrict your access to parts of, or the entire Platform and/or Services in our sole discretion and without notice and any liability to you.
- For enhancement and improvement purposes, SEAGM may from time-to-time conduct software evaluation to assess the performance level of the Platform and/or Services. You hereby irrevocably grant to and authorize SEAGM to conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.
- In addition to and not in derogation of the terms below, if you do not utilise the Services for a continuous period of twelve (12) months, SEAGM may, at its absolute discretion, charge a fee for the maintenance of your Account.
8. Disclaimers, Exclusions and Force Majeure
- The Services are usually available on a daily basis unless otherwise specified herein. Whilst we endeavour to ensure that the Platform and/or Services are secured, you acknowledge and agree that the entire risk arising out of the access, use or performance of the Platform and/or the Services shall remain with you to the fullest extent permitted by applicable law.
- The Platform and/or Services are provided ‘as is’ and ‘as available’ basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, custom or trade usage. Without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the Platform and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secured, accurate, complete or error-free, that defects, if any, will be corrected, or that the Platform and/or the Server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-Horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
- To the fullest extent permitted by applicable law, in no event shall we be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise for:
- (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of goodwill; (vi) failure to realize anticipated savings, in each case whether direct or indirect; and
- Any direct or indirect, incidental, special, consequential, exemplary damages, arising out of or in connection with the use of or inability to use the Platform or the Services, including, without limitation, any damages resulting therefrom, even if we have been advised of the possibility of such damages.
- SEAGM shall not be liable for any delay or failure to perform the Services, regardless of the cause of such delay or failure. Such causes may include but not limited to an Act of God, riot, civil commotion, strike (whether or not involving employees of SEAGM), lockout or other labour disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services or networks, government order or change in any law or regulation which renders the performance impractical.
9. Intellectual Property Rights
- All proprietary Content and Intellectual Property displayed on the Platform are the exclusive property of SEAGM and where applicable, third party proprietors. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services, you agree to comply with the copyrights, trademarks, applicable intellectual property related legislations and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any portion of the Services, the Platform or its Content. You also may not, unless with our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
10. Reliability of Platform
- You are aware that all transactions conducted on the Platform are through telecommunication and data networks.
- You are fully aware that your receipt of the notification from SEAGM and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that SEAGM cannot guarantee the prompt delivery of such notification or confirmation.
- You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
- You shall immediately notify SEAGM if you are aware or believe your Account has been hacked or compromised.
- You shall be liable for all transactions conducted through your Account at any time prior to the receipt by SEAGM of your notification as stated in Clause 14.
12. Disclosure of Information
- SEAGM shall be entitled and you irrevocably and unconditionally consents and authorises SEAGM to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Platform to such extent that SEAGM may at its absolute discretion deem fit to:
- such persons as SEAGM may be required to disclose under the applicable law;
- such other persons or entity pursuant to any governmental directive or order of the court;
- respond to your requests for customer service; or
- any other party whomsoever as SEAGM deems fit.
13. Applicable Laws and Indemnity
- Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
- For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
14. Suspension, Termination, Cancellation of Services
- You may deactivate your Account at any time you notify us of your desire to do so, subject always to a closure fee as chargeable by us on you, if any.
SEAGM reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that SEAGM may at its absolute discretion determine. Grounds for suspension or termination may include, but not limited to:
- the Account has been inactive for a consecutive period of 36 months;
- having multiple user accounts or allowing unauthorized persons to access and use the Account;
- in our opinion, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;
- you are in breach of any acts, statute, laws, by-laws, rules, regulations, guidelines and/or policies by any authority, regulatory body or government agency;
- you have acted in bad faith or with malicious intent, or that we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other user, third parties and/or SEAGM;
- your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) and/or related to bribery and corruption under the Malaysian Anti-Corruption Commission Act 2009 (MACCA) and/or such other local, foreign or international laws and regulations of similar nature;
- if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;
- you have submitted false documents or have declared false information during your registration with or application to SEAGM; and/or
- you fail to provide any additional information which we may request from you from time-to-time for verification purposes.
Upon cancellation or termination of the Services (or any part thereof):
- you shall immediately pay to SEAGM all outstanding fees and charges due and owing to SEAGM, failing which SEAGM shall have full discretion to commence civil actions against you, including without limitation, a claim for damages, specific performance and/or interim or injunctive relief;
- SEAGM may at its absolute discretion, decide not to act on any request received by SEAGM after the effective date of termination;
- SEAGM may at its absolute discretion, decide not to act on any confirmation or request received by SEAGM between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and/or
- you hereby irrevocably and unconditionally authorise SEAGM to deduct all money due and owing by you to SEAGM (if any) from the moneys that are payable by SEAGM to you in respect of the delivered Purchased Items.
- Further to the above, in the event that your access and/or utilization of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013, AMLATFPUAA and/or MACCA or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilize your SEAGM Credits and/or SEAGM Points and shall not be entitled to obtain any money or refund whatsoever. It shall be lawful for SEAGM to retain for an indefinite period, or deal at its own discretion with, or release to the relevant authorities, any money or refund (including your SEAGM Credits and/or the monetary value equivalent to your SEAGM Points) in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
Notice shall be deemed given:
- in the case of hand delivery, upon the receipt of written acknowledgment signed by the recipient;
- in the case of registered post, five (5) business days after posting; and
- in the case of email or the communication channel available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from the host provider of the recipient within the day of transmission.
Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by SEAGM to you shall be deemed to be served in the following manner:
- posting the notice or communication in the Platform;
- notices placed through any media; or
- any manner of notification as SEAGM may at its absolute discretion determine.
16. Waiver And Severance
19. Binding Effect