TERMS AND CONDITIONS

These terms and conditions govern your rights and obligations, as users of the portals administered and managed by opgamer.co. Currently, there is the portal managed by opgamer.co, namely, opgamer.co. Unless otherwise provided by opgamer.co, all new portals introduced and managed by opgamer.co shall be governed by these Terms and conditions. By registering an account with opgamer.co and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these terms and conditions and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by opgamer.co at any time or from time to time at its absolute discretion. The Services are provided by KOSKIDO SDN BHD, located at No 20-1, Medan Seri Impian 2, 14000 Simpang Ampat, Pulau Pinang.

  1. DEFINITIONS

In these terms and conditions, the following words and expression shall have the following meanings unless the context otherwise requires: Account: means your account duly registered with opgamer.co to facilitate you using the Services available on the Portals (or any of them); Buyer: means a person who purchases items on the Portals; Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals; Items: means the goods and services listed by you for sale on the Portals and “Item” shall mean any one of them; OP Credit: means the tokens rewarded to you by opgamer.co for purchase of goods and services on the Portals, and includes such other description used for these points at any time; Parties: means collectively, opgamer.co and you and “Party” shall mean any one of them; Portals: means collectively, the web portals presently known as opgamer.co and such other web portals of opgamer.co administered and managed by opgamer.co; Services: means the services provided by opgamer.co on the Portals, including, without limitation, reselling and retailing online games and related merchandises, games publishing, online marketplace for sale of Items, subject to the conditions in these terms and conditions; Purchased Item: means your item listed on the Portals purchased by the Buyer; Store Credit: means the electronic credit value available in the Account at any time; terms and conditions: means these terms and conditions governing the use of the Services by you as may be amended at any time and from time to time as and when opgamer.co shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, terms and conditions for products, services or facilities, as determined by opgamer.co from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these terms and conditions and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and Virtual Items: means collectively, virtual in-games items and virtual currency, including, without limitation, virtual coins, token or points acquired in the course of playing games on the Portals.

  1. LICENCE TO USE

In consideration of you agreeing to these terms and conditions and your continuing observance and compliance of these terms and conditions, opgamer.co hereby grants you a non-exclusive, non-transferable license to access the Portals and use the Services upon the terms and subject to the conditions stated herein.

  1. REPRESENTATIONS AND WARRANTIES

Each time when you access the Portals (or any of them), you irrevocably and unconditionally represent and warrants that: you are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Portals and using the Services; 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; save as otherwise permitted by opgamer.co, you shall not, directly or indirectly, use the Services for any commercial purposes; you shall not to use the Portals 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; you shall not use any intellectual property belonging to opgamer.co or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of opgamer.co; and you shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of opgamer.co. you shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals.

  1. USE OF SERVICES

You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals 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 Portals (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 opgamer.co may issue from time to time. opgamer.co 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 opgamer.co 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. opgamer.co shall not be liable for acting on the notification or confirmation sent through your Account. opgamer.co 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 opgamer.co 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 opgamer.co upon receipt of incomplete, garbled or inaccurate data or information from opgamer.co. You shall also immediately notify opgamer.co upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account. You acknowledge and agree that opgamer.co may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof. Unless otherwise permitted by opgamer.co in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals. 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 Portals. You irrevocably and unconditionally allow and permit opgamer.co to send to your Account updates on services and events offered or provided by opgamer.co.

  1. VIRTUAL ITEMS

All Virtual Items reflected in the Account are not actually owned by you. You merely have a license to use the Virtual Items on the Portals (or any of them) in accordance with such terms as opgamer.co may impose from time to time. The value of the Virtual Items reflected in the Account does not represent any credit value in real currency. The Virtual Items cannot be exchanged for real cash. Unless otherwise permitted by opgamer.co in writing, you are prohibited from selling, transferring or otherwise dispose of the Virtual Items to any other persons, whether within or outside the confines of the Portals (or any of them).

  1. PAYMENT

You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by opgamer.co at its absolute discretion. You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account. opgamer.co shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever. opgamer.co shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you. You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body. For customer service inquiries or disputes, you may contact us by email at support@opgamer.co. Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.

  1. AVAILABILITY OF SERVICES

The Services are usually available on a daily basis unless otherwise specified herein. There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of opgamer.co. opgamer.co makes no warranty that the Services will be available at the times stated herein. Unless otherwise provided in these terms and conditions, opgamer.co shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever. Notwithstanding any provisions to the contrary in these terms and conditions, opgamer.co shall be entitled to: a. immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or b. impose conditions or restrictions on your use of the Service without notice. In addition to and not in derogation of Clause 8.4, if you do not utilise the Services for a continuous period of three (3) months, opgamer.co may, at its absolute discretion, charge a fee for the maintenance of your Account.

  1. STORE CREDIT

You must maintain sufficient Store Credit in the Account before you use the Services. Store Credit can be topped-up in the Account through the payment methods listed on the Portals. Store Credit can be used to purchase any of the Services or Items. If there is insufficient Store Credit when you purchase any of the Services, opgamer.co shall have the absolute discretion to either: a. reject or suspend the transaction; or b. requires you to pay the shortfall through any of the other methods of payment available on the Portals. opgamer.co shall, as and when it deems fit, amend, modify, remove or add any Store Credit or Store Credit account without prior notice to you. The Store Credit in the Account shall automatically expire on the last day of the second (2nd) year from the day when the Store Credit was first credited into the Account or such other timeframe as opgamer.co may determine, without prior notice given by opgamer.co.

  1. GIFT CARD

Each Gift Card must be redeemed in a single transaction by purchasing any Services on any of the Portals. If the transaction value is more than the Gift Card value, such Gift Card value in excess of the transaction value will be credited into the Account as Store Credit. If the transaction value is more than the Gift Card value, you are required to settle the shortfall with the Store Credit available in the Account or such methods of payment available on the Portals. Each Gift Card is not transferable and cannot be exchanged with cash. opgamer.co shall not be liable for any Gift Card that is stolen, misplaced or misused without authorisation. For the avoidance of doubt, opgamer.co shall not be obliged to enquire or verify at the redemption of the Gift Card, if such Gift Card has been properly obtained. Notwithstanding Clause 10.3, if opgamer.co has any doubts as to the authenticity of a Gift Card, opgamer.co shall have the absolute discretion to withhold, suspend or cancel such Gift Card without any prior reference to you. Each Gift Card shall be subject to such further rules and regulations as opgamer.co may introduce at any time or from time to time. Each Gift Card shall automatically expire on the last day of the second (2nd) year from the day when that Gift Card was first purchased or such other timeframe as opgamer.co may determine, without prior notice given by opgamer.co.

  1. LIMITATION ON LIABILITY

You agree and confirm that you shall not hold opgamer.co, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these terms and conditions.

  1. INTELLECTUAL PROPERTY RIGHTS

All copyrights, trademarks, service marks belong to the corresponding owners/publishers and opgamer.co is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portals are offered by opgamer.co, not the owners/publishers.

  1. RELIABILITY OF PORTALS

You are aware that all transactions conducted on the Portals are through telecommunication and data network. You are fully aware that your receipt of the notification from opgamer.co and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that opgamer.co 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.

  1. ACCOUNT

You shall immediately notify opgamer.co 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 opgamer.co of your notification as stated in Clause 14.1.

  1. DISCLOSURE OF INFORMATION

opgamer.co shall be entitled and you irrevocably and unconditionally consents and authorises opgamer.co to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Portals to such extent that opgamer.co may at its absolute discretion deem fit to: a. such persons as opgamer.co may be required to disclose under the applicable law; b. such other persons or entity pursuant to any governmental directive or order of the court; or c. any other party whomsoever as opgamer.co deems fit. Save as otherwise permitted in Clause 15.1, opgamer.co will not disclose your personal information to any other party without prior notification to you.

  1. APPLICABLE LAWS AND REGULATIONS

Your use of the Services shall be governed by the jurisdiction where the contracting entity of opgamer.co is domiciled. 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. You shall fully indemnify, defend and hold opgamer.co and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 16.

  1. SUSPENSION, TERMINATION, CANCELLATION OF SERVICES

The Services (or any part thereof) may be cancelled by opgamer.co at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such terms and conditions as opgamer.co may at its absolute discretion determine. opgamer.co 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 opgamer.co may at its absolute discretion determine. Upon cancellation or termination of the Services (or any part thereof): a. all rights granted to you hereunder shall immediately terminate and shall revert to opgamer.co; b. you shall immediately pay to opgamer.co all outstanding fees and charges due and owing to opgamer.co, opgamer.co may at its absolute discretion, decide not to act on any request received by opgamer.co after the effective date of termination; d. opgamer.co may at its absolute discretion, decide not to act on any confirmation or request received by opgamer.co 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 e. you hereby irrevocably and unconditionally authorises opgamer.co to deduct all money due and owing by you to opgamer.co (if any) from the moneys that are payable by opgamer.co to you in respect of the delivered Purchased Items.

  1. NOTICES

All notices and documents required to be given by you under these terms and conditions to opgamer.co shall be sent to opgamer.co by registered post to the opgamer.co address listed on the Portals. Any notice or document sent by you to opgamer.co shall be deemed served when such notice or document is received by opgamer.co. All notices and documents required to be given by opgamer.co under these terms and conditions to you shall be sent to you by any one of the following methods:

  1. electronic mail to your last known electronic mail address according to opgamer.co records;
  2. posting the notice or communication on the Portals;
  3. notices placed with or in any of opgamer.co written communications to you;
  4. notices placed through any media; or
  5. any manner of notification as opgamer.co may at its absolute discretion determine.

Any notice or document or communication given by opgamer.co to you shall be deemed to be served and received by you on the day following the sending of such notice or document.

  1. WAIVER AND SEVERANCE

Any failure by opgamer.co to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service. In the event that any provisions of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable opgamer.co shall amend that provision in such reasonable manner as would achieve the intention of opgamer.co or at the discretion of opgamer.co it may be severed from these terms and conditions and the remaining provisions remain in full force and effect.

  1. VARIATION

These terms and conditions may be modified, added to, deleted or varied by opgamer.co by way of posting on the Portals or in any such other manner as opgamer.co may in its absolute discretion determine. You agree that continued use of the Services shall constitute your acceptance of these terms and conditions (as modified and varied from time to time).

  1. ASSIGNMENT

You may not assign its rights under these terms and conditions without the prior written consent of opgamer.co.

  1. BINDING EFFECT

These terms and conditions shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.

  1. RETURN POLICY

Any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key purchased into your account is neither refundable nor exchangeable. Disclaimer: Softpin Does not include manuals, Installation CDs, box, physical card or other physical elements. You will be able to view your code(s) in your order history page after the completion of your order. Refund on pre-order item is available 2 week prior to product release. This does not apply to pre-order of CD Game Key. Once you have completed the purchase for any Pre-Order, CD Key, Time Card, Game Expansion, Game Point, Prepaid Card, Trial/Beta/Item Code, Game Key from opgamer.co, this would mean you agree that all information you have entered are accurate and correct. Any purchase of Pre-Order, CD Key, Time Card, Expansion, Game Point, Prepaid Card, Trial/Beta/Item Code, Game Key from opgamer.co are non-refundable, non-transferable, and not exchangeable once sold. opgamer.co reserves the right to amend any of the terms and conditions above without prior notice. Direct Top Up Please read the product description thoroughly and confirm that the game name, server, game user id, character name, account name and the amount purchased, i.e. information, are correct. opgamer.co assumes no liability for wrong purchases made by the customer due to negligence and/or false/wrong information provided, which may result in damages/ losses/wrong top up. By purchasing any products from opgamer.co, the customer understands, acknowledges and accepts this release of liability. If you encounter any difficulties, please do not hesitate to contact our Live Support for further assistance.

  1. REFUND AND EXCHANGE POLICY & DISCLAIMER

opgamer.co shall not be held responsible for the loss or damage of the Gift Card and any of the losses or damages suffered by the holder of the Gift Card that arise from or in connection with the loss or damage of the Gift Card. Any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Prepaid Card, Trial/Beta/Item Code, Game Key purchased into the customer’s account is neither refundable nor exchangeable. However, refund or exchange request in exceptional cases will be considered if the goods bought-in in any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Prepaid Card, Trial/Beta/Item Code, Game Key is deemed faulty or damaged. The customer is required to submit a request to opgamer.co on any faulty or damaged goods. Failure to do so will automatically forfeit the customer’s right to make any refund or exchange.

opgamer.co reserves the right to amend any of the terms and conditions above without prior notice.