Terms and Conditions

It is imperative that you carefully read and comprehend the following terms and conditions. These Terms of Service delineate your rights and responsibilities as users of the Platform, which is administered and managed by Apeak Gaming. Unless otherwise stipulated by Apeak Gaming, all new Platforms introduced and managed by Apeak Gaming shall be subject to these Terms & Conditions. By registering an account with Apeak Gaming and accessing any of the Platforms, you acknowledge and accept that your usage thereof shall be governed by these Terms of Service, along with any other specific rules, procedures, terms, and conditions for the products, services, or facilities offered, as determined or amended by Apeak Gaming at its absolute discretion. The terms “Apeak Gaming,” “we,” “our,” or “us” refer to Apeak Gaming Sdn Bhd, while “you” denotes the user or viewer of this Platform and/or Service. These Terms and Conditions pertain to your use of all Platforms and Services owned or operated by Apeak Gaming. By using this Platform and Service, you affirm that you understand and agree to be legally bound by these Terms and Conditions.

Definitions
1. In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:
  1. Account: Your registered account with Apeak Gaming enabling you to utilize the Services provided on the Platform (or any of them).
  2. Buyer: An individual who purchases items on the Platform.
  3. Gift Card: An electronic gift card obtained on any of the Platform, containing stored value redeemable on the Platform.
  4. CD-Key: An electronic key utilized for activating a video game.
  5. Items: Goods and services listed by you for sale on the Platform; “Item” denotes any one of them.
  6. Parties: Apeak Gaming and you collectively; “Party” refers to any one of them.
  7. Platform: The web Platforms of Apeak Gaming administered and managed by Apeak Gaming Sdn Bhd.
  8. Services: Services provided by Apeak Gaming on the Platform, including but not limited to reselling and retailing online games and related merchandise, games publishing, and online marketplace for item sales, subject to the conditions in these Terms of Service.
  9. Purchased Item: Your listed item on the Platform purchased by the Buyer.
  10. AG Gold: Electronic credit value available in the Account.
  11. AG Reward: Electronic reward value available in the Account.
  12. Terms of Service: These Terms governing your use of the Services, subject to amendments at Apeak Gaming’s discretion, encompassing rules, procedures, and Terms for products, services, or facilities as determined by Apeak Gaming.
  13. Virtual Itens: Virtual in-game items and currency acquired during gameplay on the Platform.
License to Use
1. By agreeing to these Terms of Service and consistently adhering to them, you are granted a non-exclusive, non-transferable license by Apeak Gaming to access the Platform and utilize the Services, subject to the terms and conditions outlined herein.
Representations and Warranties
1. Each time you access the Platform (or any of its components), you unequivocally represent and warrant that you are at least 13 years old. If you are under 13, you affirm that your parents are aware of and have consented to your use of the Platform and its Services;
  1. Your personal information and submitted documentation, such as your full name, telephone number, mailing address, and email address, must be truthful and accurate. You are required to promptly notify us in writing of any changes to your personal information;
  2. You must maintain the security and confidentiality of your Account password. Under no circumstances should you disclose your password to any unauthorized party, and you are responsible for preventing its disclosure;
  3. Unless expressly permitted by Apeak Gaming, you are prohibited from using the Services for commercial purposes, directly or indirectly;
  4. You must refrain from engaging in any fraudulent, immoral, or illegal activities on the Platform or through the Services, including any actions that may infringe upon the intellectual property rights of third parties.
  5. You are not permitted to utilize any intellectual property owned by Apeak Gaming or any publishers featured on the Platform, including trademarks or trade names, whether registered or not, without obtaining prior written consent from Apeak Gaming
  6. You must refrain from causing disruption, offense, or nuisance to other users of the Platform or Apeak Gaming employees in any manner whatsoever.
  7. You are prohibited from directly or indirectly recruiting or poaching any customers acquired through the use of the Platform.
Use of Services
1. At your own expense, you are responsible for obtaining the necessary equipment and software to connect to and access the Platform, as well as for using the Services. Additionally, you must cover all charges and fees imposed by third parties for connecting your equipment to the Platform (or any of its components).
2. Ensuring your familiarity with the guidelines and procedures for using the Services, as issued by Apeak Gaming from time to time, is your primary responsibility. Apeak Gaming shall not be held liable for any errors, losses, or damages resulting from your use of the Services.
3. Securing your Account information is your responsibility. Any notification or confirmation received by Apeak Gaming from your Account, regardless of whether it originated from an authorized third party, is considered to have been issued by you. Consequently, you are bound by such notifications or confirmations.
4. Apeak Gaming is not responsible for any actions taken based on notifications or confirmations sent through your Account. Apeak Gaming is not obligated to verify the authenticity or authority of individuals issuing notifications or confirmations, nor to confirm the completeness thereof. Once received by Apeak Gaming, such notifications or confirmations are considered irrevocable and binding upon you, regardless of any errors, fraud, forgery, or lack of clarity or misunderstanding regarding their terms. You must promptly notify.
5. Upon receiving incomplete, garbled, or inaccurate data or information from Apeak Gaming, you must promptly notify Apeak Gaming. Additionally, if you receive any data or information not intended for you, you must immediately notify Apeak Gaming and remove such data or information from your Account.
6. You acknowledge and agree that Apeak Gaming reserves the right, at its absolute discretion, to either refuse or permit you to use the Services, without providing any reason or prior notice thereof.
7. Unless explicitly permitted in writing by Apeak Gaming, you are prohibited from uploading, posting, emailing, transmitting, or otherwise making available any unauthorized or illegal activities on the Platform or directly to other users of the Platform.
8. You are prohibited from uploading, posting, emailing, transmitting, or in any other manner making available any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment, including, without limitation, the Platform.
9. You irrevocably and unconditionally authorize Apeak Gaming to send updates on services and events offered or provided by Apeak Gaming to your Account.
Virtual Items
1. All Virtual Items reflected in the Account are not actually owned by you.
2. You are granted a license to use the Virtual Items on the Platform (or any of its components) in accordance with the terms set by Apeak Gaming from time to time.
3. The value of Virtual Items in the Account does not equate to any real currency credit. These Virtual Items cannot be exchanged for cash.
4. Unless explicitly permitted in writing by Apeak Gaming, you are not allowed to sell, transfer, or otherwise dispose of Virtual Items to any other individuals, whetherinside or outside the Platform (or any of its components).
Payment
1. Payment for the Services must be made in the currency available on the Platform, as per the prevailing exchange rate determined solely by Apeak Gaming.
2. You are solely responsible for making payments and any applicable taxes related to the use of the Services (or any of its components) through the Account.
3. Apeak Gaming reserves the absolute right to cancel any payment request from you without providing any reasons.
4. Apeak Gaming may, at its discretion, change, adjust, or remove the available payment methods on the Platform (or any of its components) at any time without prior notice to you.
Availability of Services
1. The Services are typically available daily unless otherwise specified herein.
2. There may be occasions when the Services are unavailable due to maintenance, Platform malfunction, or other reasons beyond Apeak Gaming’s control. Apeak Gaming does not guarantee the availability of the Services as stated herein.
3. Unless specified otherwise in these Terms of Service, Apeak Gaming reserves the right, at its absolute discretion and without notice to you, to change the procedures or operation mode of the Services at any time and for any reason
4. Despite any contrary provisions in these Terms of Service, Apeak Gaming reserves the right to immediately terminate, discontinue, withdraw, or suspend your use of the Services without notice, or to impose conditions or restrictions on your usage without notice.
Gift Card
1. Gift Cards are non-transferable and cannot be exchanged for cash.
2. Apeak Gaming is not liable for any Gift Card that is lost, stolen, or misused without authorization. Apeak Gaming is not required to verify the legitimacy of a Gift Card at the time of redemption.
3. Each Gift Card is subject to additional rules and regulations that Apeak Gaming may introduce at any time.
4. Each Gift Card expires automatically on the last day of the second (2nd) year from the date of purchase or as determined by Apeak Gaming, without prior notice.
Limitation on Liability
1. You agree and confirm that you will not hold Apeak Gaming, its employees, agents, or licensees liable for any special, incidental, or consequential damages arising from or related to the Services or these Terms of Service.
Intellectual Property Rights
1. All copyrights, trademarks, and service marks belong to their respective owners, publishers, or developers. Apeak Gaming is not affiliated or associated with any of these entities in any way. All services offered on the Platform are provided by Apeak Gaming, not by the owners, publishers, or developers.
Reliability of Platforms
1. You acknowledge that all transactions on the Platform are conducted via telecommunication and data networks.
2. You understand that the receipt of notifications from Apeak Gaming, and vice versa, may be delayed or prevented by factors affecting relevant service providers and other parties. You accept that Apeak Gaming cannot guarantee the timely delivery of such notifications or confirmations.
3. You acknowledge and confirm your responsibility to review and verify the transaction history of your Account.
Account
1. If you suspect or believe that your Account has been hacked or compromised, you must promptly notify Apeak Gaming.
2. You are responsible for all transactions made through your Account.
Disclosure of Information
1. Apeak Gaming has the right, and you hereby consent and authorize Apeak Gaming, to disclose any information related to you or your transactions on the Platform to the extent permitted by law. This may include disclosure to persons required by applicable law, other entities under governmental directives or court orders, or any other party deemed appropriate by Apeak Gaming at its discretion.
2. Apeak Gaming will not disclose your personal information to any third party without notifying you beforehand.
Applicable Laws and Regulations
1. The jurisdiction governing your use of the Services corresponds to the domicile of Apeak Gaming’s contracting entity.
2. When necessary, you must obtain approval, consent, or permission from relevant regulatory authorities before using the Services.
3. In cross-border transactions, you must comply with the laws of all countries involved in the transaction.
4. You are obligated to fully indemnify, defend, and hold Apeak Gaming and its related corporations harmless from any and all liabilities, including suits, actions, judgments, damages, costs, losses, expenses (including solicitor and client legal fees)
Suspension, Termination, Cancellation of Services
1. Apeak Gaming may cancel the Services (or any part thereof) at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in a manner and under Terms of Service determined at Apeak Gaming’s absolute discretion.
2. Apeak Gaming reserves the right to suspend or block access to and use of the Services (or any part thereof) at any time, for any reason, and for any duration, subject to conditions determined at Apeak Gaming’s absolute discretion.
3. Upon cancellation or termination of the Services (or any part thereof):
  1. All rights granted to you under this agreement will immediately terminate and revert to Apeak Gaming.
  2. You must promptly settle all outstanding fees and charges owed to Apeak Gaming.
  3. Apeak Gaming may, at its absolute discretion, choose not to act on any requests received after the termination date.
  4. Apeak Gaming may, at its absolute discretion, choose not to act on any confirmations or requests received between the date notice is given to you and the effective termination date (if there is a lapse of time between the two dates). You hereby authorize Apeak Gaming to deduct any outstanding amounts owed by you to Apeak Gaming from any payments owed to you for delivered Purchased Items.
Notices
1. All notices and documents required to be given by you under these Terms of Service to Apeak Gaming shall be sent to Apeak Gaming by registered post to the Apeak Gaming address listed on the Platform.
2. Any notice or document you send to Apeak Gaming is considered served upon receipt by Apeak Gaming.
3. Apeak Gaming will provide all required notices and documents to you through various methods, including electronic mail to your last known email address, posting on the Platform, written communications, media notices, or any other method determined by Apeak Gaming at its discretion.
4. Notices, documents, or communications from Apeak Gaming to you are considered served and received on the day following their sending.
Waiver And Severance
1. Any failure by Apeak Gaming to enforce any of these Terms of Service at any time or for any period shall not constitute a waiver of these Terms or the right to enforce them at a later time.
2. If any provision of these Terms of Service is declared void, voidable, illegal, or otherwise unenforceable by a judicial or other competent authority, Apeak Gamingwill amend the provision in a reasonable manner to achieve its intention, or at its discretion, the provision may be severed from these Terms of Service while the remaining provisions remain in full force and effect.
Variation
1. Apeak Gaming reserves the right to modify, add to, delete, or vary these Terms of Service by posting them on the Platform or by any other means determined at Apeak Gaming’s absolute discretion.
2. Your continued use of the Services indicates your acceptance of these Terms of Service, including any modifications or variations made from time to time.
Assignment
1. You may not assign your rights under these Terms of Service without prior written consent from Apeak Gaming.
Binding Effect
1. These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.

Terms and Conditions

Definitions

License to Use

Representations and Warranties

Use of Services

Virtual Items

Payment

Availability of Services

Gift Card

Limitation on Liability

Intellectual Property Rights

Reliability of Platforms

Account

Disclosure of Information

Applicable Laws and Regulations

Suspension, Termination, Cancellation of Services

Notices

Waiver And Severance

Variation

Assignment

Binding Effect

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