1. Definitions

In these Terms of Use, the following words and expression shall have the following meanings unless the context otherwise requires:

1. Account: means your account duly registered with Pincity to facilitate you using the Services available on the Platform (or any of them);
2. Buyer: means a person who purchases items on the Platform;
3. Gift Card: means an electronic gift card purchased on any of the Platform which contains a stored value available for redemption on the Platform;
4. CD-Key: means an electronic key which is used to activate a video game;
5. 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;
6. 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 Pincity, respectively;
7. Legal Age: means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction.
8. Mobile Credits: means mobile phone credits;
9. Parties: means collectively, Pincity and you and “Party” shall mean any one of them;
10. Platform: means collectively, the web Platform presently known as Pincity.online, Pincity Android APP, Pincity iOS APP and such other web Platform of Pincity administered and managed by Pincity;
11. Purchased Item: means the item listed on the Platform purchased by the Buyer;
12. Pincity Credits: means the electronic credits value that may be purchased by the Buyer from Pincity for purchase of goods and services on the Platform;
13. Pincity Points: means the points rewarded to you by Pincity for purchase of goods and services on the Platform and includes such other description used for these points at any time;
14. 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.
15. Submission: means any material, information or idea you provided to Pincity by any means;
16. Terms of Use: means these Terms of Use governing the use of the Services by you as may be amended at any time and from time to time as and when Pincity shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Use for products, services or facilities, as determined by Pincity from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Use and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and
17. User ID: means the unique user identification provided to you during registration of an Account.

2. Licence to Use

In consideration of you agreeing to these Terms of Use and your continuing observance and compliance of these Terms of Use, Pincity hereby grants you a non-exclusive, non-transferable licence to access the Platform and use the Services upon the terms and subject to the conditions stated herein.

3. Representations and Warranties

Each time when you access the Platform (or any of them), you irrevocably and unconditionally represent and warrant that you are of Legal Age. Should you be below the Legal Age, you must get permission from a parent or legal guardian to register an Account and that parent or legal guardian must agree and have consented to these Terms of Use on your behalf:

1. 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;
2. 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 Pincity not to:

1. use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
2. directly or indirectly, use the Services for any commercial purposes, save as otherwise permitted by Pincity;
3. 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;
4. use any Intellectual Property belonging to Pincity 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 Pincity;
5. take any action that may undermine or manipulate the feedback or ratings system;
6. be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Platform or the employees of Pincity;
7. 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;
8. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal or business information;
9. 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;
10. 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;
11. 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;
12. 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;
13. 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;
14. use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
15. reproduce, attempt to reproduce or counterfeit any Pincity Points and/or Pincity Credits; and
16. directly or indirectly recruit and/or poach any customers obtained from the usage of the Platform.

4. User ID

1. 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 Pincity by providing certain personal information. You hereby acknowledge and agree that Pincity 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 Pincity.
2. 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 Pincity, 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 Pincity. 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

1. 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).
2. It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that Pincity may issue from time to time. Pincity shall not be liable for any errors, losses or damages caused by your use of the Services.
3. It is your responsibility to secure the information of your Account. Any notification or confirmation received by Pincity 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.
4. Pincity shall not be liable for acting on the notification or confirmation sent through your Account. Pincity 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 Pincity 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 Pincity upon receipt of incomplete, garbled or inaccurate data or information from Pincity. You shall also immediately notify Pincity upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
5. 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.
6. Unless otherwise permitted by Pincity 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.
7. 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.
8. You irrevocably and unconditionally allow and permit Pincity to send to your Account updates on services and events offered or provided by Pincity.
9. 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.
10. 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

1. 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 Pincity may impose from time-to-time.
2. 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.
3. Unless otherwise permitted by Pincity 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

1. 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.
2. Pincity 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 Pincity’s obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling Pincity to take action when unauthorized usage of Pincity accounts has been detected; and (iii) resolving any disputes relating to the ownership of a Pincity account.
3. You hereby irrevocably authorize Pincity, 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, Pincity shall request, and you shall provide to Pincity, 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.
4. 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.
5. For enhancement and improvement purposes, Pincity 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 Pincity 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.
6. 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, Pincity may, at its absolute discretion, charge a fee for the maintenance of your Account.

8. Disclaimers, Exclusions and Force Majeure

1. You agree and confirm that you shall not hold Pincity, 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 of Use.
2. 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.
3. 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.
4. 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:
   1. (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
   2. 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.
5. Pincity 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 Pincity), 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.
6. You acknowledge, accept, and agree that all disclaimers, exclusions and limitations of liability set out in these Terms of Use represent a fair and reasonable allocation of risks and benefits of the agreement between Pincity and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided to you by Pincity. You further agree that these disclaimers, exclusions and limitations shall be enforceable to the fullest extent permitted by applicable law.

9. Intellectual Property Rights

1. We grant you a limited and revocable licence to access and use the incidental software provided by us to you via the Platform as part of the Services. Use of such software is subjected to these Terms of Use. Any third party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or permit or encourage any third party to do so.
2. All proprietary Content and Intellectual Property displayed on the Platform are the exclusive property of Pincity 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).
3. Any Submission is not considered confidential by Pincity and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing goods. By making a Submission to Pincity, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.

10. Reliability of Platform

1. You are aware that all transactions conducted on the Platform are through telecommunication and data networks.
2. You are fully aware that your receipt of the notification from Pincity and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that Pincity cannot guarantee the prompt delivery of such notification or confirmation.
3. You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

11. Account

1. You shall immediately notify Pincity if you are aware or believe your Account has been hacked or compromised.
2. You shall be liable for all transactions conducted through your Account at any time prior to the receipt by Pincity of your notification as stated in Clause 14.

12. Disclosure of Information

1. Pincity shall be entitled and you irrevocably and unconditionally consents and authorises Pincity 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 Pincity may at its absolute discretion deem fit to:
   1. such persons as Pincity may be required to disclose under the applicable law;
   2. such other persons or entity pursuant to any governmental directive or order of the court;
   3. enforce these Terms of Use;
   4. respond to your requests for customer service; or
   5. any other party whomsoever as Pincity deems fit.
2. Save as otherwise permitted in these Terms of Use, Pincity will not disclose your personal information to any other party without prior notification to you.

13. Applicable Laws and Indemnity

1. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia without regard to the conflict or choice of law principles. Any dispute, legal action or proceeding arising out of or in connection with these Terms of Use shall be submitted to the jurisdiction of the Malaysian courts, unless Pincity in its own discretion chooses to submit the same for settlement via arbitration in Malaysia or otherwise.
2. Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
3. For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
4. You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees (collectively, the ‘Indemnified Parties’) from and against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs and dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (i) your violation or breach of any of these Terms of Use or any policy or guideline referenced herein; (ii) your use or misuse of the Platform or Services, or (iii) your breach of any laws or any rights of a third party.

14. Suspension, Termination, Cancellation of Services

1. The Services (or any part thereof) may be cancelled by Pincity 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 of Use as Pincity may at its absolute discretion determine.
2. 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.
3. Pincity 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 Pincity may at its absolute discretion determine. Grounds for suspension or termination may include, but not limited to:
   1. the Account has been inactive for a consecutive period of 36 months;
   2. having multiple user accounts or allowing unauthorized persons to access and use the Account;
   3. 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;
   4. you are in breach or we have reasonable grounds to believe that you have breached any of these Terms of Use and/or any applicable terms and conditions as may be provided by Pincity from time-to-time, or have engaged in any conduct prejudicial to Pincity or in our opinion, your acts are prejudicial to Pincity’s interest;
   5. 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;
   6. 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 Pincity;
   7. 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;
   8. 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;
   9. you have submitted false documents or have declared false information during your registration with or application to Pincity; and/or
   10. you fail to provide any additional information which we may request from you from time-to-time for verification purposes.

   Use of the Platform, Services and/or Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.

4. Upon cancellation or termination of the Services (or any part thereof):
   1. all unused Pincity Credits and/or Pincity Points will be deemed to have expired immediately and be removed from your Account. We will assist you with the refund of unutilized Pincity Credits balance in your Account, subject to the Terms of Use here and any such terms and conditions as Pincity may determine;
   2. you shall immediately pay to Pincity all outstanding fees and charges due and owing to Pincity, failing which Pincity 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;
   3. Pincity may at its absolute discretion, decide not to act on any request received by Pincity after the effective date of termination;
   4. Pincity may at its absolute discretion, decide not to act on any confirmation or request received by Pincity 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
   5. you hereby irrevocably and unconditionally authorise Pincity to deduct all money due and owing by you to Pincity (if any) from the moneys that are payable by Pincity to you in respect of the delivered Purchased Items.
5. 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 Pincity Credits and/or Pincity Points and shall not be entitled to obtain any money or refund whatsoever. It shall be lawful for Pincity 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 Pincity Credits and/or the monetary value equivalent to your Pincity 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.
6. Any provision of these Terms of Use which expressly or by implication is intended to continue to remain effective and binding on you after the deactivation of Account and/or the termination of Services, shall survive such termination.

15. Notices

1. All notices, demands, requests or other communications to be given or made under these Terms of Use shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post or electronic mail to the contact details as notified by one party to the other from time-to-time or via the communication channel made available on the Platform.
2. Notice shall be deemed given:
   1. in the case of hand delivery, upon the receipt of written acknowledgment signed by the recipient;
   2. in the case of registered post, five (5) business days after posting; and
   3. 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.
3. Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by Pincity to you shall be deemed to be served in the following manner:
   1. posting the notice or communication in the Platform;
   2. notices placed through any media; or
   3. any manner of notification as Pincity may at its absolute discretion determine.

16. Waiver And Severance

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

17. Variation

1. These Terms of Use may be modified, added to, deleted or varied by Pincity by way of posting on the Platform or in any such other manner as Pincity may in its absolute discretion determine.
2. You agree that continued use of the Services shall constitute your acceptance of these Terms of Use (as modified and varied from time to time).

18. Assignment

You may not assign its rights under these Terms of Use without the prior written consent of Pincity.

19. Binding Effect

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

1. Introduction

1. The sale and purchase of any goods, products, and/or service (“Item”) on the Platform are governed by these Terms of Sale.
2. We do not intend to sell any Item to any children or minors under the Legal Age. If you are below the Legal Age, you must get permission from a parent or legal guardian to purchase Items from us and that parent or legal guardian must agree to these Terms of Sale.
3. We may modify these Terms of Sale without your consent and without notice to you at any time and form time-to-time by posting the revised and/or updated Terms of Sale on the Platform. You shall be deemed to have accepted the revised and/or updated Terms of Sale on the Platform upon your subsequent purchase of an Item.
4. For the avoidance of doubt, these Terms of Sale shall be in addition but not in diminution of the Terms of Use of the Platform, as set out above. If there is any inconsistency between these Terms of Sale and the Terms of Use:
   1. if regarding the access and usage of the Platform, the Terms of Use shall prevail; and
   2. if regarding the sale and purchase of any Item, these Terms of Sale shall prevail.

2. Definition and Interpretation

1. In these Terms of Sale, unless the subject or context otherwise requires, the following words and expressions shall have the following meanings:
   1. Account: means your account duly registered with Pincity to facilitate you using the Services available on the Platform (or any of them);
   2. Buyer: means a person who purchases Item on the Platform;
   3. CD-Key: means an electronic key which is used to activate a video game;
   4. Contract: means the contract formed when Pincity accepts an order placed by a Buyer on the Platform for the purchase of Item by issuance of a confirmation order.
   5. Gift Card: means an electronic gift card purchased on any of the Platform which contains a stored value available for redemption on the Platform;
   6. Item: means any goods, product or service made available for sale on the Platform.
   7. Legal Age: means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction.
   8. Platform: means collectively, the web Platform presently known as Pincity.online, Pincity Android APP, Pincity iOS APP and such other web Platform of Pincity administered and managed by Pincity;
   9. Service(s): means any service or function to be provided by Pincity to the Buyer in conjunction with the sale and purchase of the Item in accordance with these Terms of Sale.
   10. Pincity Credits: means electronic credits value that may be purchased by the Buyer from Pincity for purchase of Item on the Platform.
   11. Pincity Points: means points Pincity may award to the Buyer for each purchase of Item on the Platform.
   12. Terms of Sale: means these Terms of Sale and all additional terms and conditions and policies referenced herein and/or linked hereto and/or imposed by us from time-to-time, including but not limited to any future amendment, update or addendum made by Pincity, as the case may be.
2. Any technical term not specifically defined in these Terms of Sale shall be construed in accordance with the general practice of such relevant industry or profession in Malaysia.
3. For the purpose of calculating any period of time stipulated herein or when an act is required to be done within a specified period after or from a specified date, the period is inclusive of and time begins to run from the date specified.

3. Basis of the Contract

1. The information and details contained on the Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Item shall be formed until the Buyer’s receipt of a confirmation order issued by Pincity confirming the Buyer’s purchase of Item.
2. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Pincity in its website shall be subjected to correction without any liability on the part of Pincity.

4. Registration of Pincity Account

1. In order to place an order for purchase of Item, the Buyer is required to register and maintain an Account with Pincity.
2. The registration, usage, suspension and termination of the Account are subjected to and shall be in compliance with the Terms of Use.

5. Orders and Specification

1. The Buyer may make an offer to purchase Item by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Pincity’s acceptance in its sole discretion and each order accepted by Pincity shall constitute a separate Contract.
2. Order acceptance and formation of the Contract between the Buyer and Pincity will be completed upon Pincity issuing a confirmation order of the Item to the Buyer.
3. No Cancellation
   No order may be cancelled or no Contract may be terminated by the Buyer except with prior written consent from Pincity, and on terms that the Buyer shall indemnify Pincity in full against all loss (including loss of profit), costs (including the cost of all labour, materials used and logistics), damages, charges and expenses incurred by Pincity as a result of the cancellation or termination, as the case may be.
4. Subject to Clause 5.3 above, the Buyer may seek Pincity’s consent to cancel the order or to terminate the Contract before Pincity dispatches the Item by contacting Pincity.
5. Refusal of Order
   1. Pincity reserves the right to withdraw any Item from the Platform at any time and/or remove or edit any materials or content on the Platform at its sole discretion.
   2. The Buyer hereby acknowledges that Pincity will use its best efforts to always process all orders but there may be unforeseen circumstances wherein Pincity is required to refuse to process an order despite a confirmation order having been sent. In such an event, the Buyer agrees that Pincity shall not be held liable or in any way be held liable to the Buyer.
   3. In the event the full payment has been made by the Buyer for its order under a Contract, Pincity agrees to refund the payment made to the Buyer if the refusal of order is not due to the Buyer’s fault.

6. Price

1. The price of the Item shall be the price listed on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax and/or other taxes (by whatever name called) imposed by the local authorities from time to time which the Buyer shall be liable to pay to Pincity in addition to the price, but shall exclude delivery fees (if applicable).
2. For the avoidance of doubt, the price of an Item may be quoted in different currency depending on the jurisdiction where the Buyer is domiciled or logging in to the Platform.
3. In the event that an Item has been mispriced on the Platform, Pincity shall have the rights to cancel the order or terminate the Contract, in which Pincity shall inform the Buyer of such cancellation or termination via phone and/or by giving a written notice via email or the communication channel available in the Account. Pincity’s right to cancel an order or terminate a Contract shall subsist notwithstanding that the Item have been dispatched or are in transit or that payment has been charged to the Buyer.

7. Payment Terms

1. The full purchase price of an Item shall be paid upon checkout. The Buyer will be entitled to make payments for purchase of Item using the various payment methods made available on the Platform.
2. A Buyer may pay for the Item in such currency that is available on the Platform in accordance with the prevailing exchange rate determined by Pincity at its absolute discretion.
3. Pincity shall not be responsible and will not assume liability for any losses and/or damages to the Buyer arising from wrong information and details, including payment information and/or card details, entered by the Buyer or wrong remittance by the Buyer in connection with the payment for purchase of an Item. We reserve all rights to verify whether a Buyer is duly authorised to use a certain payment method and we may suspend a payment transaction until such authorisation is confirmed or cancel such relevant transaction where such confirmation is not available.
4. Any refund of payment verified and permitted by Pincity, whether in full or in partial after deducting all payments which a Buyer is liable to pay to us, may take up to thirty (30) days to process. To facilitate the refund process, you shall ensure that the payment information and/or details are accurate as the default refund method depends on your original payment method.

8. Pincity Credits and Pincity Points

1. In order to purchase goods, products or Services on the Platform, a Buyer may purchase Pincity Credits from Pincity and the Pincity Credits purchased by a Buyer will be credited into the Account.
   Pincity Points may be awarded by Pincity to the Buyer for each purchase of Item on the Platform. Pincity Points awarded will be credited into the Account and may be used by a Buyer to redeem certain Items made available on the Platform.
2. Pincity Credits and Pincity Points are respectively subjected to a twenty four (24) months’ validity period from the respective date the Pincity Credits and Pincity Points are credited into the Account, or for any other period as determined by Pincity .
3. Pincity Credits and Pincity Points will not be usable upon the expiration of their respective validity periods and no refund will be provided in respect of such expired Pincity Credits and Pincity Points.
4. Pincity shall have the right to deal with the expired and unutilised Pincity Credits or Pincity Points in such manner as it deems fit in its absolute discretion.
5. Pincity prohibits and does not recognise any purported transfers of Pincity Credits or Pincity Points from one to another, or any purported sale, lease, gift or trade in the “real world” of anything that appears or originates outside of the Platform.
6. Your Pincity Credits and Pincity Points will be reflected in your Account. You may check the balance of your Pincity Credits and Pincity Points and their respective expiration dates from time to time by logging in to your Account.
7. The maximum amount of Pincity Credits which may be held in an Account shall be subject to regulatory approvals and changes as may be applicable from time-to-time.
8. Any dispute regarding the amount in your Account, Pincity Credits or Pincity Points shall be raised by you in writing to us within seven (7) days from each relevant date of successful transaction. Pincity may (but not obliged to) carry out investigation to verify the validity of the Buyer’s dispute and any decision made by Pincity (at its sole discretion) in respect of such dispute shall deem to be final and conclusive.
9. For the avoidance of doubt, Pincity reserves the right to amend any terms and conditions and/or impose such additional terms and conditions in respect of Pincity Credits or Pincity Points from time to time at its own discretion without your prior consent.

9. Warranties

1. While Pincity makes every effort to ensure that all information and descriptions of Items displayed on the Platform are accurate and complete, Pincity provides the information and descriptions on an ‘as is’, ‘as available’ basis for informational purposes only and does not represent, warrant or guarantee that an Item’s descriptions are accurate, complete, reliable, current or error-free. Depictions of an Item are for reference only and may not always accurately depict every aspect of the Item.
2. Save as expressly provided in these Terms of Sale, all other warranties, guarantees, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
3. In the event a warranty is attached to an Item, Pincity will use its commercial reasonable effort to ensure that such warranty will be honoured in accordance with the warranty’s terms and conditions (if any).

10. Limited Liability and Indemnity

1. In no event shall Pincity be liable for loss of profit or goodwill, loss of data, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if Pincity had been advised of the possibility of incurring the same.
2. The Buyer shall indemnify and hold harmless Pincity from and against any claim, demand, proceeding, loss, damage, cost and expense (including legal costs or solicitor fees) and all liabilities of whatsoever nature or description which may be made or taken or suffered by Pincity in connection with or in any manner arising from the breach of any obligation, representation, warranty, or any term of these Terms of Sale by the Buyer or any wrongful act attributable to the Buyer’s agent, officer, representative and/or employee including for infringement of patents, copyrights, trademarks or any other intellectual property and breach of data protection laws.
3. Notwithstanding any other provision of these Terms of Sale, Pincity’s maximum cumulative liability to the Buyer or to any other party for all losses under, arising out of or relating to the sale of Item under each Contract, shall not exceed the sums that the Buyer have paid to Pincity under such Contract.

11. Force Majeure

1. Pincity shall not be liable for any breach, hindrance or delay in the performance of a Contract, where the cause of such breach, hindrance or delay is beyond its reasonable control. Such causes may include (but not limited to) an act of God, riot, civil commotion, strike (whether or not involving employees of Pincity), 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.
2. If Pincity considers a Force Majeure event to be of such severity or to be continuing for such period of time that it is unable to perform any of its obligations pursuant to this Terms of Sale, Pincity shall have the absolute discretion to decide on such other alternative arrangement(s), including but not limited to cancelling and terminating the Contract forthwith by written notice and without any liability other than a refund of a non-delivered Item to the Buyer if payment has been duly made to Pincity.

12. Notices

1. All notices, demands, requests or other communications to be given or made under these Terms of Use shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post or electronic mail to the contact details as notified by one party to the other from time-to-time or via the communication channel made available on the Platform.
2. Notice shall be deemed given:
   1. in the case of hand delivery, upon the receipt of written acknowledgment signed by the recipient;
   2. in the case of registered post, five (5) business days after posting; and
   3. 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.;
   4. notices placed through any media; or
   5. any manner of notification as Pincity may at its absolute discretion determine.
3. Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by Pincity to you shall be deemed to be served in the following manner:.
   1. posting the notice or communication in the Platform;
   2. notices placed through any media; or
   3. any manner of notification as Pincity may at its absolute discretion determine.

13. General Provisions

1. No waiver by Pincity of any breach or non-compliance of the Contract committed by the Buyer shall be considered as a waiver of any subsequent breach or non-compliance of the same or any other provision. Further, Pincity’s failure to enforce these Terms of Sale shall not constitute a waiver of the provisions herein contained, and such failure shall not affect the right later to enforce these Terms of Sale. All rights and remedies provided to Pincity in these Terms of Sale are cumulative and not exclusive of any rights or remedies otherwise provided by law.
2. If any provision of these Terms of Sale shall be deemed invalid, unlawful, void or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction. In such case, Pincity shall be entitled to introduce and come out with a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, covenant or undertaking and the Buyer hereby agrees to accept and be bound by such substitute provision
3. No person who is not a party to the Contract (including any employee, officer, agent, representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person.
4. These Terms of Sale shall be governed by and interpreted in accordance with the laws of Malaysia without regard to the conflict or choice of law principles. Any dispute, legal action or proceeding arising out of or in connection with these Terms of Sale shall be submitted to the jurisdiction of the Malaysian courts, unless Pincity in its own discretion chooses to submit the same for settlement via such other dispute resolution method in Malaysia or otherwise.
5. Pincity shall be entitled to transfer or assign any of its rights or obligations under these Terms of Sale to a present or future affiliate or pursuant to a merger, consolidation, reorganisation or sale of all or substantially all of the assets or business, or by operation of law, without notice to the Buyer.
6. The terms and conditions set forth in these Terms of Sale and any additional terms and conditions or policies included or referred to in these Terms of Sale constitute the entire agreement and understandings between you and us with respect to the sale and purchase of Items on the Platform.
7. Pincity RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN.
8. These Terms of Sale may be translated into any language(s) other than English (“Translated version”). In the event of any inconsistency between the English version and the Translated version, the English version shall prevail.

TERMS AND CONDITIONS OF HITPOINTS

1. HitPoints shall be used as an e-currency to redeem game products that support the same.
2. HitPoints are not transferable and cannot be exchanged with cash.
3. Pincity shall not be liable for any HitPoints that are stolen, misplaced or misused without authorisation. For the avoidance of doubt, Pincity shall not be obliged to enquire or verify at the redemption of the HitPoints, if such HitPoints have been properly obtained.
4. Each HitPoint shall be subject to such further rules and regulations as Pincity and/or game publishers may introduce at any time or from time to time, as applicable.
5. Each HitPoint will be subjected to a validity period of twenty four (24) months from the date of its purchase, unless otherwise determined by Pincity at its own discretion. The HitPoints will not be usable upon the expiration of its validity period and no refund will be provided by Pincity to you in respect of such expired HitPoints.

REFUND AND RETURN POLICY

1. All Items purchased on the Platform, whether in the form of CD Key, Gift Card, Time Card, Expansion, Game Points, Prepaid Card, Trial/Beta/Item Code, Game Key, are neither refundable nor exchangeable.
2. However, refund or exchange request in exceptional cases will be considered if the Item so purchased is found to be faulty or damaged or not usable.
3. The Buyer is required to submit a written request to Pincity on any faulty or damaged goods within seven (7) days from the date of receipt of purchased Item by the Buyer. Failure to do so will automatically forfeit the Buyer’s right to make any request for refund or exchange.

DISCLAIMERS:

Softpin

1. Does not include manuals, installation CDs, box, physical card or other physical elements.
2. A Buyer will be able to view his code(s) in his order page after his successful purchase.
3. Refund on pre-order Item may be available until two (2) weeks prior to product release. This does not apply to pre-order of CD Game Key.
4. A successful purchase by a Buyer of any pre-order Item or Item made available for sale on the Platform indicates that all information such Buyer has entered is accurate and correct.
5. Any purchase of pre-order Item, CD Key, Time Card, Expansion, Game Point, Prepaid Card, Trial/Beta/Item Code, Game Key on the Platform are non-refundable, non-transferable, and not exchangeable once sold, unless otherwise agreed in writing by Pincity.
6. Pincity reserves the right to amend any of the terms and conditions above without prior notice.

Direct Top Up

1. Please read the product description thoroughly and confirm that the game name, server, account name and the amount purchased are correct.
2. Pincity assumes no liability for wrong purchases made by the customer due to negligence and/or false or wrong information provided, which may result in damages and losses. By purchasing any Items from Pincity on the Platform, the Buyer understands, acknowledges and accepts this release of liability.
3. If you encounter any difficulties, please do not hesitate to contact our customer service team for further assistance.