Effective Date: 10 February, 2023

Last updated: 10 February, 2023

 

iGamie Rewards Terms of Service

 

  1. General

 

These terms of service ("Terms of Service") are offered to you ("you") by Abcomo Hongkong Limited

1.1          , and/or its affiliates as applicable (collectively, "we", “us” or “our”) and govern all services offered by us in relation to the iGamie Rewards service (as defined in Clause 2 and hereinafter referred to as “the iGamie Rewards Service”).

 

1.2          We reserve the right to amend these Terms of Service at any time by posting a revised version on the iGamie main website (www.igamie.com) (the "iGamie Website"). Unless otherwise set out in these Terms of Service, the revised Terms of Service will be effective at the time that we post it. Your continued use of the iGamie Rewards Service shall constitute your acceptance of the prevailing Terms of Service including any term which may have been amended. You are responsible to regularly check these Terms of Service. If you do not agree to the revised Terms of Service, your sole remedy will be to cease use of your iGamie Rewards account and the iGamie Rewards Service immediately.

 

1.3          By accessing and using the iGamie Rewards Service, you accept and agree to all of the terms and conditions contained in these Terms of Service, the Terms and Conditions of Use (https://igamie.com/terms.html) and the Privacy Policy (located at https://igamie.com/privacy.html). If you do not accept and agree to any of the aforementioned terms and conditions, you should immediately stop accessing and using your iGamie Rewards account and the iGamie Rewards Service.

 

1.4          In the event of any conflict or inconsistency between these Terms of Service, the General Terms and Conditions of Use and Privacy Policy, these Terms of Service will prevail followed by the General Terms of Use and the Privacy Policy.

 

1.5          If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

 

 

  1. iGamie Rewards Service

 

2.1          iGamie Rewards are loyalty rewards as part of our loyalty rewards program and allows users to redeem content, goods and services offered by us ("Merchandise"). Users may either purchase iGamie Rewards by making payment with real currency through payment channels offered by our payment service providers or users may from time to time earn free iGamie Rewards as part of contests and promotions provided by us and at our sole discretion.

 

2.2          iGamie Rewards are not legal tender or currency and cannot be reloaded, sold or transferred for value or redeemed for cash unless required under applicable laws. Any and all transactions made using your iGamie Rewards are final and non-refundable. We reserve the right to amend, replace or remove any redemption options for content, goods and services offered by us at our sole discretion and shall have no liability for such amendments whatsoever.

 

2.3          Your transaction history for (12) months is accessible in your iGamie Rewards account dashboard. If you notice any issues or discrepancies in your iGamie Rewards transactions, you must notify us immediately. We will commence a review as soon as we acknowledge receipt of the notification and update you of our review within 14 business days after the date of completion of the review. Any and all decisions made by us in respect of such investigations are final.

 

2.4          You understand and agree that the iGamie Rewards Service is provided on an "As-Is Basis" and that we assume no responsibility whatsoever, including in respect of timeliness, deletion, or failure to store any user communications or personalisation settings.

 

2.5          You agree and acknowledge that any use or purported use of or access to or purported access to the iGamie Rewards Service referable to your iGamie Rewards account shall be deemed to be access to and/or use of the iGamie Rewards Service by you and you agree to be bound by any such access and/or use of the iGamie Rewards Service (whether such access or use are actually authorised by you).

 

2.6          You must and agree to pay any and all relevant fees or charges to your iGamie Rewards account in accordance with fees, charges and prevailing billing terms and conditions whenever a fee or charge is due and payable. Failure to make payment when due and payable shall entitle us to suspend access to your iGamie Rewards account and use of the iGamie Rewards Service. We reserve the right to change our fees, charges or payment methods upon posting on the iGamie Website. Our fees and charges do not include any applicable taxes. If any payments made with respect to your iGamie Rewards account are subject to taxes in any jurisdiction and you have not remitted the applicable taxes to us, you will be responsible for the payment of such taxes and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense it may incur in connection with such taxes. You shall upon request from us, provide us with any official documentation issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.

 

  1. Eligibility and Requirements

 

3.1          By accessing and using the iGamie Rewards Service, you warrant and represent that:

 

3.1.1    all registration information you submit will be true, accurate, current, and complete;

3.1.2    you will maintain the accuracy of such information and promptly update such registration information as necessary;

3.1.3    you are at least the age of majority in your jurisdiction and/or state of residence, or that you are the age of majority in your jurisdiction and/or state of residence;

3.1.4    you have the legal capacity and you agree to comply with these Terms of Service;

3.1.5    you are not subject to any sanctions, nor are you using iGamie Rewards in any activity involving sanctioned individuals, entities, or countries.

3.1.6    you will not use the iGamie Rewards Service for any illegal or unauthorized purpose; and

3.1.7    your use of the iGamie Rewards Service will not violate any applicable law or regulations.

 

If any of the foregoing is untrue, we reserve the right at our sole and absolute discretion to stop, suspend and/limit your access to your iGamie Rewards account and the iGamie Rewards Service.

 

3.2          In order to access and use your iGamie Rewards account, your iGamie user account must also be in good standing and not in default in accordance with these Terms of Service and the Terms and Conditions of Use. If your user account with is terminated for any reason, you will cease to have access to your iGamie Rewards account and the iGamie Rewards Services.

 

3.3          You understand that you are solely responsible for maintaining the confidentiality of your password to your iGamie Rewards account. Your iGamie Rewards account cannot be transferred under any circumstances and will solely belong to the named user of the iGamie rewards account.

 

  1. Unauthorised access to your iGamie Rewards account

 

4.1          You agree to immediately notify us by contacting us at service@igamie.com in the event there is any fraudulent or unauthorised use of your password or iGamie Rewards account or any other breach of security. We shall have the right to immediately suspend your iGamie Rewards account and investigate your complaint and respond to you as soon as possible. Notwithstanding, we shall not be liable to compensate any of your loss as it is your responsibility to take all necessary precautions to safeguard your password and access to your iGamie Rewards account. In the event iGamie Rewards have been used for unauthorized redemption, we shall not be liable to compensate you for your loss of the iGamie Rewards.

 

4.2   their investigation.

  1. Suspension or Termination of iGamie Rewards Service

 

5.1          iGamie initiated Suspension or Termination

 

5.1.1    We may in our sole discretion suspend or terminate your access to the iGamie Rewards Service and your iGamie Rewards account with immediate effect (without entitling you to receive any compensation in respect of such suspension or termination) if:

  1. Required by us to comply with any relevant law or regulation or notice/direction from a relevant authority having jurisdiction over us or our business activities;
  2. Your user account on the Platform has been suspended or terminated for any reason whatsoever in accordance with the Terms and Conditions of Use;
  3. you have engaged, are engaging in, or are suspected to be engaging in, whether directly or indirectly, any Restricted Activities (as set out in Clause 8);
  4. you have engaged, are engaging or suspected to be engaging in fraud using the iGamie Rewards or your iGamie Rewards account;
  5. you have provided false information or refuse to provide information or co-operate when confirmation of your particulars are requested by iGamie;
  6. you are subject to any liquidation, bankruptcy or equivalent proceedings;
  7. you have caused, created, or are likely to create, imminent harm (including an interruption, disruption or congestion) to the iGamie Rewards Service, our network or computer systems;
  8. you have breached any clauses of these Terms of Service;
  9. you are or become subject to any sanctions, or are using the iGamie Rewards in any activity involving sanctioned individuals, entities, or countries; and/or
  10. we suspect that your iGamie Rewards account has been used or accessed in an unauthorised manner or that the security of your iGamie Rewards account has been compromised in any way, and you fail to adopt such remedial steps and within timelines as may be prescribed by us.

 

5.1.2    Notwithstanding and in addition to the foregoing, we may upon providing you with thirty (30) days written notice:

 

  1. suspend or withhold access to you to your iGamie Rewards account and/or the iGamie Rewards Service if such action in our sole and absolute discretion is required to carry out maintenance, upgrades, remediations to the iGamie Rewards Service; and/or
  2. if we decide to stop the iGamie Rewards Service.

 

In the event of the foregoing and unless prohibited under mandatory applicable laws, all unused and/or unredeemed iGamie Rewards will immediately expire and will be removed from your iGamie Rewards account. You will not be entitled to any compensation from us whatsoever.

 

5.1.3    We will not be liable to you or any third party for suspension or termination of your access to your iGamie Rewards account and/or the iGamie Rewards Service.

 

5.2          User-Initiated Termination

 

5.2.1    You may, at any time, request to deactivate your iGamie Rewards account by contacting us at service@igamie.com. Notwithstanding the foregoing, you shall continue to be liable for all fees, charges and/or costs incurred prior to such deactivation. Upon deactivation of your iGamie Rewards account and unless prohibited under mandatory applicable laws, all unused iGamie Rewards will immediately expire and will be removed from your iGamie Rewards account. You will not be entitled to any compensation from us arising from such expiry and removal.

 

 

  1. Privacy Policy and Confidential Information

 

6.1          We care about data privacy and security. Please review our Privacy Policy posted at  Privacy Policy link. By using the iGamie Rewards Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. In providing any personal and/or payment information to our third party payment service providers, you shall be subject to their privacy policy and terms and conditions in respect of the use, disclosure and/or access to such information.
 

6.2          You shall not upload, post, email, transmit, or otherwise make available through the iGamie Rewards Service any content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as proprietary and/or confidential information of third parties).‍

 

 

  1. Verification

 

7.1          From time to time, we may require you to provide information and/or documents to verify your personal information and identity to confirm you are the named user of your iGamie Rewards account. Such verification may be required for purposes including but not limited to: (i) resolving any disputes relating to the use or access to a iGamie Rewards account; (ii) enabling usrto take action when unauthorised usage of iGamie Rewards accounts has been detected; and (iii) fulfilling obligations to the relevant government authorities.

 

  1. Restricted Activities

 

8.1          You may not access or use the iGamie Rewards Service and your iGamie Rewards accout for any purpose other than that for which we make the iGamie Rewards Service available. You agree not to:

8.1.1    provide false, inaccurate or misleading information about yourself or refuse to provide information to verify your identity;

8.1.2    engage in potentially illegal, fraudulent or suspicious activities;

8.1.3    reproduce, attempt to reproduce, or counterfeit, any iGamie Rewards;

8.1.4    systematically retrieve data or other content from the iGamie Rewards Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

8.1.5    make any unauthorized use of the iGamie Rewards Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

8.1.6    use a buying agent or purchasing agent to make purchases on the iGamie Rewards Service.

8.1.7    circumvent, disable, or otherwise interfere with security-related features of the iGamie Rewards Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the iGamie Rewards Service and/or the content contained therein.

8.1.8    engage in unauthorized framing of or linking to the iGamie Rewards Service.

8.1.9    trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

8.1.10 make improper use of the iGamie Rewards Services;

8.1.11 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

8.1.12 interfere with, disrupt, or create an undue burden on the iGamie Rewards Service or the networks or services connected to the iGamie Rewards Service.

8.1.13 attempt to impersonate another user or person or use the username of another user.

8.1.14 use any information obtained from the iGamie Rewards Service in order to harass, abuse, or harm another person.

8.1.15 use the iGamie Rewards Service as part of any effort to compete with us or otherwise use the iGamie Rewards Service and/or the content for any revenue-generating endeavour or commercial enterprise.

8.1.16 decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the iGamie Rewards Service.

8.1.17 attempt to bypass any measures of the iGamie Rewards Service designed to prevent or restrict access to the iGamie Rewards Service.

8.1.18 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the iGamie Rewards Service to you.

8.1.19 delete the copyright or other proprietary rights notice from any content.

8.1.20 copy or adapt the iGamie Rewards Service.

8.1.21 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the iGamie Rewards Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the iGamie Rewards Service.

8.1.22 except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the iGamie Rewards Service, or using or launching any unauthorized script or other software.

8.1.23 disparage, tarnish, or otherwise harm, in our opinion, us and/or iGamie Rewards Service.

8.1.24 use the iGamie Rewards Service in a manner inconsistent with any applicable laws or regulations.

 

  1. Intellectual Property

 

9.1          Unless otherwise stated, all proprietary and intellectual property rights (including all existing and future copyright, trademarks and patent rights) in the iGamie Rewards Service (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, software and source code) are our rights and/or those of third party licensors. We grant you a non-exclusive, non-transferable and revocable right to access and use the iGamie Rewards Service for your personal use.

 

9.2          Except as expressly provided in these Terms of Service, no part of the iGamie Rewards Service and no content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

9.3          Except as expressly set out in this Clause 9, nothing in these Terms of Service shall be construed or deemed as granting or providing to you any right, license, interest, or permission to deal with any intellectual property right of ours or our third party licensors in any way.

 

  1. Disclamers

 

10.1      YOU HEREBY UNDERSTAND AND AGREE THAT USE OF THE iGAMIE REWARDS SERVICE SHALL BE AT YOUR SOLE RISK. THE iGAMIE REWARDS SERVICE AND ALL CONTENT ON THE iGAMIE REWARDS SERVICE ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE iGAMIE REWARDS SERVICE, ALL CONTENTS THEREON INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

 

10.2      EXCEPT AS OTHERWISE INDICATED IN THESE TERMS OF SERVICE, WE SHALL NOT BE OBLIGED TO ISSUE REFUNDS IF A PURCHASE DOES NOT MEET YOUR EXPECTATIONS, OR IF THE RELEVANT THIRD PARTY DOES NOT FULFIL ITS COMMITMENTS, ALTHOUGH WE WILL MAKE REASONABLE EFFORTS TO ASSIST YOU IN THESE MATTERS. WE HAVE NO OBLIGATION, AND CANNOT GUARANTEE, THAT IT WILL RESOLVE ANY DISPUTES RELATED TO YOUR TRANSACTION TO YOUR SATISFACTION. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY SERVICE OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

10.3      YOU UNDERSTAND AND AGREE THAT IN THE COURSE OF USING THE iGAMIE REWARDS SERVICE, YOU MAY ENCOUNTER FORCE MAJEURE AND OTHER RISK FACTORS THAT MAY CAUSE INTERRUPTION OF THE iGAMIE REWARDS SERVICE. FORCE MAJEURE REFERS TO OBJECTIVE EVENTS THAT CANNOT BE FORESEEN, OVERCOME AND AVOIDED AND THAT MATERIALLY AFFECT ONE OR BOTH PARTIES, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS SUCH AS FLOODS, EARTHQUAKES, PLAGUE EPIDEMICS AND STORMS, AS WELL AS SOCIAL EVENTS SUCH AS WAR, UNREST, GOVERNMENTAL ACTIONS, ETC. IN THE EVENT OF ANY OF THE ABOVE, WE WILL ENDEAVOR TO MAKE TIMELY REPAIRS, BUT WE ARE EXEMPT FROM LIABILITY FOR ANY DAMAGE CAUSED TO YOU AS A RESULT TO THE EXTENT PERMITTED BY LAW.

 

 

10.4      TO THE EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OR DISRUPTION OF THE iGAMIE REWARDS SERVICE CAUSED BY:

10.4.1 DAMAGE BY COMPUTER VIRUSES, TROJAN HORSES OR OTHER MALICIOUS PROGRAMS, OR HACKING ATTACKS.;

10.4.2 FAILURE OF YOUR OR OUR EQUIPMENT, SYSTEMS, SOFTWARE, HARDWARE AND COMMUNICATION LINES;

10.4.3 IMPROPER OPERATION BY YOU;

10.4.4  YOUR USE OF THE iGAMIE REWARDS SERVICE BY MEANS OTHER THAN THOSE AUTHORIZED BY US;

10.4.5  OTHER CIRCUMSTANCES BEYOND OUR CONTROL OR REASONABLY FORESEEABLE.

 

10.5      YOU UNDERSTAND AND AGREE THAT IN THE COURSE OF USING THE iGAMIE REWARDS SERVICE, YOU MAY ENCOUNTER RISKS ARISING FROM NETWORK INFORMATION OR THE ACTIONS OF THIRD PARTIES, AND THAT WE ARE NOT RESPONSIBLE FOR THE AUTHENTICITY, SUITABILITY, OR LEGALITY OF ANY INFORMATION ORIGINATING FROM THIRD PARTIES, NOR RESPONSIBLE FOR DAMAGES CAUSED TO YOU AS A RESULT OF INFRINGEMENT BY OTHERS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO:

10.5.1 INFORMATION CONTAINING THREATENING, DEFAMATORY, OBJECTIONABLE OR UNLAWFUL CONTENT FROM ANOTHER PERSON, EITHER ANONYMOUSLY OR UNDER FALSE PRETENSES;

10.5.2  ANY PSYCHOLOGICAL OR PHYSICAL HARM, AS WELL AS FINANCIAL LOSS, SUFFERED BY OTHERS AS A RESULT OF MISLEADING, DECEPTIVE OR OTHERWISE CAUSED OR LIKELY TO BE CAUSED BY THE USE OF THE SERVICES UNDER THIS AGREEMENT;

10.5.3 OTHER RISKS ARISING FROM NETWORK INFORMATION OR THE ACTIONS OF THIRD PARTIES.

 

  1. Indemnification and Liability

 

11.1      You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of or in connection with your use of the iGamie Rewards Service and/or violation by you of these Terms of Service.

 

11.2      ‍IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND/OR THE iGAMIE REWARDS SERVICE. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THESE TERMS OF SERVICE. OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

11.3      Notwithstanding anything to the contrary contained herein and to the extent permitted by law, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us on the iGamie Rewards Service during the twelve (12) month period prior to any cause of action arising.

 

11.4      Notwithstanding any law, rule or regulation to the contrary, you agree that any claim you may have arising out of these Terms of Service must be brought or filed before the relevant tribunal in the jurisdiction where you are located within twelve (12) months after such claim could be first filed. Any claims brought after such period shall be forever barred.‍

 

  1. Governing Law and Dispute Resolution

 

12.1      These Terms of Service and your use of the iGamie Reward Service are governed by and construed in accordance with the laws of Hong Kong without regard to its conflicts-of-law provisions.

 

12.2      We shall endeavor to amicably resolve any disputes that arise out of or in connection with these Terms of Service (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, such dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong, and the Tribunal shall consist of one (1) arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding. This arbitration clause shall be governed by Hong Kong laws.