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Terms of Service

Please read the following terms and conditions carefully before using the platform. By using this platform, you agree to and are bound by these terms and conditions. If you do not agree to any of these terms and conditions, please do not use the platform.

We reserve the right to change, modify, suspend or terminate any part of the GITPON Services (as defined below) at any time. We also have the right to restrict certain features or restrict your access to some or all of the GITPON Services at our sole discretion without notice or liability.

General Terms

The GITPON service is only available and can only be used by:

  • an individual who is over 18 years of age and who may enter into a legally binding contract under applicable law;
  • An individual under the age of 18 but with the consent and direct supervision of his or her parents or legal guardian. All transactions under this Agreement shall be deemed to have been approved by its legal guardian or parent, and such legal guardian or parent shall be responsible for all activities carried out by an individual under the age of 18;
  • Not a resident of a country or region subject to economic and trade sanctions by the United Nations/Office for Foreign Assets Control (“OFAC”), and an individual from any other country or region at GITPON’s discretion from time to time;
  • An individual who is not designated as a terrorist or terrorist accomplice by any other country or region that is at its discretion from time to time by the United Nations Security Council, OFAC and GITPON.

Definition and explanation

In these Terms, unless otherwise specified in the text, the following words have the following meanings:

  • Account refers to the account you create and use to access or use the Platform;
  • Business Account is an account used to accommodate larger teams or businesses that can use shared payments, track orders and progress, while integrating feedback.
  • Buyer means the purchaser of any goods and/or services;
  • GITPON Services means the services and features provided or provided by GITPON from time to time through or on the Platform, including but not limited to services provided by GITPON in addition to payment services, in order to facilitate the entry of a sales contract between sellers and buyers;
  • Goods and/or Services means digital items, goods and/or services displayed, listed and/or provided by sellers on the Platform;
  • Information means any information, details, content, size, data, map, location, photos, text, description, specifications, audio or video clips, graphics and/or other materials;
  • Intellectual Property means all rights, title and/or interests in patents, registered designs, designs, copyrights, names, trade names, trademarks, service marks and marks, and all other knowledge, industrial and/or proprietary rights;
  • Personal Data refers to the meaning stipulated in the Privacy Policy and we will update it from time to time;
  • Platform means an online platform (website, mobile website or mobile application) developed and/or operated by GITPON;
  • Privacy Policy refers to the policy of GITPON to manage the protection and processing of personal data published on the platform from time to time;
  • Registering Process refers to the registration process stipulated by GITPON, which allows you to register and open a GITPON account;
  • Representative means servants, employees, officials, agents, contractors, workers, personnel and/or representatives of the parties involved;
  • Sales Contract means a sales agreement for any goods and/or services entered into through the Platform by relevant sellers and related buyers;
  • Seller means a person who has registered a GITPON account to sell through or on the platform for displaying, listing or providing any goods and/or services;
  • You/Your means all users of the Platform, including but not limited to sellers and buyers.

In this Agreement, unless otherwise required by the context:

In this Agreement, unless otherwise required by the context:

  • Singular includes plural and vice versa;
  • Words indicating natural persons include legal persons and non-legal persons;
  • References to any law, legislation or any law or legislative provisions shall include all relevant provisions, statutory requirements and tools issued in accordance with such law, legislation or provisions and any changes, modifications or re-engineering thereof;
  • The title of this Agreement is for convenience only and should not affect the construction or interpretation of this Agreement;
  • References to any party to this Agreement or any other agreement or instrument shall include the successor and permitted assignee of that party;
  • No construction or interpretation rules apply to adverse or damages to the parties responsible for the preparation of this Agreement; and
  • Any words that are included, included or followed by any similar phrase shall be construed as illustrative and shall not limit the breadth of the general terms associated.

Visit the platform

If you want to access the platform and GITPON services, you should create an account with GITPON following the registration process. After successful registration, you can access the platform and GITPON services by logging in to your account

GITPON may, at its sole discretion, conduct an "Electronic Know Your Customer" ("EKYC") inspection of your use of the Platform and GITPON Services at its sole discretion, or in accordance with the requirements of applicable law (including but not limited to laws related to anti-money laundering and anti-terrorism financing), or at the request of relevant legal authorities, directly or through an authorized third-party service provider. Your access to the Platform and GITPON Services depends on the satisfaction of GITPON's success in the successful completion of the EKYC program by you and the parties within its sole discretion. You agree to cooperate fully with GITPON or its designated EKYC service provider, including submitting verification documents upon request. In some cases, such as reaching a transaction threshold or potential risk signals are detected, payments or transactions may be temporarily suspended for further review. In this case, the EKYC program may be initiated and you are asked to submit a verification file to continue completing the transaction. If you choose not to complete the EKYC program, GITPON can refund your payment and cancel the transaction according to actual conditions.

You are responsible for keeping the confidentiality and security of your account username and password and should immediately notify GITPON of any unauthorized access to your account. Any directives, notices or confirmations received from your account shall be deemed to be issued by you, although such notices or confirmations may be issued by a third party, whether authorized or not, you shall be subject to such directives, notices or confirmations. GITPON will not be liable for instructions, notices or confirmations sent through your account. GITPON has no obligation to investigate the authenticity or authority of the person who sends/executes the Directive, Notification or Confirmation or verify the integrity of the Directive, Notification or Confirmation.

Unless GITPON expressly agrees, each person is limited to one account. Accounts shall not be created on behalf of others or created as an impersonator. If GITPON discovers that such a fraudulent account has been created, GITPON reserves the right to immediately suspend the account and reserves the right to take any further remedies, including but not limited to notifying the relevant authorities, and GITPON assumes no liability.

You should closely monitor all activities and transactions conducted through your account and should take all steps and measures to check and verify your account transaction history. You should notify GITPON immediately within [Thirty (30) days:

  • any unusual activity or transaction regarding your account, or if any activity or transaction is not accurately recorded in your account;
  • When receiving any incomplete, confusing or inaccurate data or information;
  • any unauthorized use of your account or any other security breach you are aware of;
  • and to receive any data or information that is not yours and you may not use or disclose any such data or information without GITPON's written consent.

Notwithstanding the contrary, you agree that we will not indemnify you of any losses caused by any claim for unauthorized use of your account, at our sole discretion:

  • Any transactions involved in such claims are found to be conducted within the scope acceptable to you by your trusted device, your IP address, or any other user;
  • In the event of your fraud or negligence, including but not limited to the circumstances in which you intentionally disclose your account login details to a third party; and/or
  • If you fail to provide us with any relevant documents relating to any such unauthorized transaction, as appropriate;
  • Any such transaction occurs outside our control, including but not limited to natural disasters, civil unrest, etc., which are beyond our reasonable control; and/or
  • Any terminal or system (including platform) did not function properly or suffered any other technical failures before you initiate the relevant transaction.

For buyers: You can use your account to trade on the platform. For security reasons, we may limit the amount or amount of transactions you make through your account.

We have the right to deny any transactions on your account if: the transaction does not meet these terms and conditions or any other terms and conditions set forth on the platform; or we have reason to believe that the transaction may violate any laws, rules or regulations, or may put us or any of our affiliates in liability or obligations.

You are responsible for all transactions and fees initiated by using your account, including but not limited to goods and/or services fees, platform fees, freight, payment fees and all applicable taxes. If someone else accesses your account, we will be deemed to be authorized by you and you will be responsible for any transactions and fees incurred by such use. You agree that the Payment Partner shall be entitled to deduct or withhold any financial or service charges due to us.

You confirm and agree:

  • You also authorize us to provide such information to our payment partners to facilitate transactions and provide necessary payment services every time you use your account to conduct transactions involving any communications, transactions, instructions and/or operations. In order to enable the payment partner to provide you with the necessary payment services in connection with the use of your account, including but not limited to enabling you to pay for the fees associated with the purchase of goods and/or services, you acknowledge and acknowledge that you also accept the payment partner's terms of service.
  • Payments for all goods and/or services purchased through our platform shall be processed and paid to the payment partner's escrow customer funds account and credited to the unified wallet. Your payment may be mixed with payments received by other buyers and other customers of the payment partner and shall be subject to any additional terms of service of the payment partner. Notwithstanding anything to the contrary in this Agreement or the Terms of Service of Payment Partners, you acknowledge that GITPON has no direct or indirect control or access to the Coordinating Wallet and any funds therein; -We are not a payment service provider (as defined in the Payment Services Act 2019), and an account should not be construed as a “payment account” and the GITPON services associated with your account should not be construed as providing a “payment service”.

For each purchase transaction you make on the platform and upon receipt of the necessary funds, the payment partner shall provide payment services and be responsible for processing these funds as follows:

  • Transfer funds to the seller upon confirmation of receipt of the goods and/or services you purchased;
  • Transfer funds to the seller in the event that you fail to confirm receipt of the goods or services within the time limit set forth in the Platform Terms and Conditions, in which case you will be deemed to have received the goods and/or services;
  • At the end of any settlement agreement or dispute between you and any other user on the Platform, transfer funds according to the conclusion of that settlement agreement or dispute resolution; or
  • If GITPON or any of its affiliates, or any of its affiliates, receives any order, award, judgment or judgment from a court, arbitral tribunal or authority with jurisdiction, directs the release of the funds and dispose of the funds in accordance with that order, award, judgment or judgment.

If you have any difficulties using your account, please contact [email protected]. If you place an order on our platform and encounter difficulties, please contact customer service.

For sellers:

If you are under 18 years of age and registered as a seller, you must obtain permission from your parent or legal guardian to open a seller account on the Platform and that parent or legal guardian must agree to the terms of this Agreement and other terms and conditions relating to the use of the Platform published by GITPON from time to time. If you do not have the consent of your parents or legal guardian, you will not be allowed to create a seller account.

If you are the parent or legal guardian of creating a seller account for a minor, you must accept and comply with the terms of this agreement on behalf of the minor – you will be responsible for all use of the account, including but not limited to the activities of the minor on the platform.

You acknowledge and agree:

  • When GITPON approves your account application on the Platform, you authorize GITPON to open an account with your payment partner on your behalf so that the payment partner can provide you with all related payment services (“Merchant Wallet”) related to your use of the Platform, including but not limited to enabling you to receive payments related to the sale of goods and/or services.

  • Each time you use your account to conduct transactions involving any communications, transactions, instructions and/or operations, it is performed, processed or completed through your seller’s account, and you also authorize us to provide this information to your payment partners in order to facilitate transactions through the application program interface embedded in the platform and provide you with the payment services you need, including merchant acquiring services.

By continuing to register a seller account, you and your parents or legal guardians declare and warrant that all statements and information submitted to GITPON during the registration process are up to date, complete and accurate. If you provide any false, inaccurate or incomplete information, GITPON reserves the right to restrict or suspend your use of your account and the Platform and notify your payment partners accordingly, which may result in withholding of payments due to you in accordance with its Terms of Service.

Sales contract

All sales contracts are strictly signed between relevant sellers and related buyers, completely and absolutely excluding GITPON. GITPON makes no representations and/or warranties of any kind with respect to the Goods and/or Services and assumes no liability for any expenses, losses, damages, claims, fines, liabilities and/or expenses incurred by you incurred by the Sales Contract, including but not limited to any negligence, delay, failure, failure and/or breach of contract by the relevant seller or buyer.

Buyer acknowledges that the relevant game developers may modify the game account and content purchased by Buyer through the platform, and GITPON shall not assume any responsibility in this case. To avoid doubt, all goods and/or services are provided by relevant third-party sellers and GITPON serves as a facilitator for the sale of such goods and/or services, promoting the achievement of any sales contract on the Platform by allowing the listing, displaying and provision of such goods and/or services. Therefore, GITPON has no control over the quality, safety, ethics or legality of any listed items, nor does it guarantee that the seller and buyer will complete the transaction.

Notwithstanding the foregoing, the Sales Contract shall be subject to the following terms and conditions and you shall comply with and enforce these terms and conditions:

  • No sales contract formed through the Platform shall be modified or cancelled unless otherwise agreed in writing by GITPON and you shall indemnify GITPON for all losses, expenses, damages, expenses and expenses (including loss of profits) arising from such modifications or cancellations;
  • You shall perform all obligations related to the Sales Contract in a timely, serious and skillful manner;
    • Payment for the sales contract shall be made through the payment partner:
    • Buyer shall pay the amount of the Sales Contract to the Payment Partner through the payment gateway and/or payment method on the Platform, including but not limited to the costs of the goods and/or services, platform fees, freight, payment fees and all applicable taxes (“Sales Contract Amount”). All these payments shall be credited to the coordinated wallet held by the payment partner;
    • Under Article 3.11, the payment partner shall transfer the relevant sales contract amount (deducted from GITPON and/or any fees charged by the payment partner) from the overall wallet to the relevant merchant wallet and release the funds to the relevant seller as directed by the seller, in accordance with the schedule specified in the terms and conditions of the payment partner;
    • Unless approved and determined in GITPON's sole discretion, all payments made on the Platform are final and all purchases are non-refundable unless expressly provided in this Agreement or our policies or required by applicable law;
    • All prices listed on the Platform do not include any exchange rate charges, contributions, applicable taxes or expenses (including but not limited to VAT or Sales Tax, if any), and the Buyer shall be responsible for and indemnify GITPON for any taxes in the Sales Contract. You shall comply with any instructions, guidelines and/or policies issued or provided by GITPON from time to time in relation to the Sales Contract.

If there is any conflict, dispute and/or problem arising from the Sales Contract between you and another user or third party:

  • We encourage you to contact users or third parties directly and to try to resolve these conflicts, disputes or issues fairly and friendly, and GITPON will use reasonable business efforts to assist.
  • GITPON may, but is not obliged to intervene or participate in resolving these conflicts, disputes or issues to mediate the interests of the user. If GITPON does so, GITPON will proceed in good faith and at its sole discretion in accordance with the dispute resolution process of GITPON Policy. GITPON has no obligation to resolve disputes between users or between users and external parties. You shall comply with all reasonable instructions that GITPON may issue.
  • Users can file a settlement of transaction disputes with the claim court in their local jurisdiction.
  • The Payment Partner shall have the right to retain any payment made by the Buyer for the related goods and/or services until a final solution is reached that is satisfactory to both parties.
  • You agree that to the maximum extent permitted by law, GITPON (and its officers, directors, agents, subsidiaries, joint ventures and employees) shall not be liable for any and all demands, damages and claims (actually and indirectly) arising from disputes with one or more users or third parties.

Seller's statements, warranties and obligations

You may list and sell your goods and/or services on the Platform in accordance with the procedures specified on the Platform, subject to all conditions and requirements set by GITPON from time to time.

GITPON can decide at your own discretion:

  • Classify sellers into relevant groups according to GITPON standards;
  • Determine the price range of goods and/or services;
    • Delete products or services that may violate the following provisions:
    • Illegal or fraudulent;
    • adult-oriented, inappropriate or pornographic content;
    • Content that infringes on copyright, trademark rights and suspected copyright or trademark rights;

Each Seller warrants, represents, acknowledges and/or acknowledges:

  • All necessary licenses, rights, consents and/or approvals have been obtained to be sold through the Platform (including but not limited to posting all information related to the Platform) and these posts, displays, and provisions will not infringe on the rights of third parties or violate local laws;
  • Will perform and execute all sales contracts and will not engage in any conduct that may affect the purchaser's acquisition of the purchased goods and/or services;
  • Ability and will provide, transfer or deliver goods and/or services to Buyer in a timely manner (i.e. when Buyer confirms the order or Buyer pays for related goods and/or services, whichever occurs first);
  • The description of the goods and/or services is accurate and the goods and/or services delivered or provided to the Buyer will comply with their description;
  • No buyers will be solicited and/or poached directly or indirectly, nor will they conduct independent transactions outside the platform with the buyer.

To the maximum extent permitted by law, GITPON makes no representations and warranties regarding Seller's representations, descriptions or information on the Platform, including but not limited to merchantability, fitness for a particular purpose, description, dimensions, quality, condition, attributes, authenticity, rarity or importance.

GITPON shall not be deemed in any respect as a fiduciary liability for the Seller in respect of the Buyer’s obligation to pay the price of the purchased goods and/or services.

General obligations

You shall bear the costs and comply with:

  • All applicable laws, regulations, rules, orders, affiliated legislation, regulatory policies, notices, decisions, guidelines, directives and/or any other requirements of any government, statutory and/or regulatory bodies and/or departments;
  • Available and maintain all necessary approvals, consents, licenses and authority (statutory, regulatory, contractual or otherwise) during this Agreement to perform your obligations and activities in this Agreement and the Sales Contract; and
  • Comply with all guidelines, rules, regulations, policies, instructions and procedures imposed by GITPON from time to time on the Platform and GITPON Services.

Use the Platform/GITPON Service

In view of your agreement to the terms and conditions contained in this Agreement, GITPON grants you a non-exclusive, non-transferable right to access and use the Platform and GITPON Services only to the extent of this Agreement. The Platform and/or GITPON Services may not be commercialized in any way.

Notwithstanding anything to the contrary in this Agreement or Policy, all payment services relating to your use of the Platform are provided by a payment partner, who is licensed or exempted from providing payment services under all applicable laws. All references to payment processing or related payment services (including receipts, transfers and/or payments of the sales contract amount or any other amount) are provided by such payment partners, not GITPON and shall be subject to any additional payment terms of service of payment partners. You acknowledge and agree that GITPON is a technical service provider and does not provide payment services related to your use of the Platform at any time.

All information provided on or through the Platform, GITPON Services and/or the Platform and/or GITPON Services are collectively referred to as the "GITPON Platform/Services" and references to the GITPON Platform/Services shall include any part of it. Unless otherwise provided in this Agreement or GITPON's prior written consent, you may not attempt to, whether through yourself or allow any third party:

  • Copy, distribute, recreate and/or disseminate the GITPON Platform/Services unless such behaviors are required for the normal use of the GITPON Platform/Services, or for the purposes of this Agreement or other backup and/or operational security reasons;
  • Lease, lease, sublicense, loan, translate, merge, adapt, change or modify the GITPON platform/service;
  • Make changes or modifications to all or any part of the GITPON Platform/Service, or allow the GITPON Platform/Service to be combined with or incorporated into any other program;
  • Disassemble, decompile, reverse engineer or create derivative works based on all or any part of the GITPON platform/service;
  • Provide or in any form to make the underlying software of the platform (including object code and source code) available in whole or in part to anyone;
  • or to commit fraud or malicious behavior in any illegal manner, for any illegal purpose or in a manner that is inconsistent with or without authorization to this Agreement;
  • Collect or obtain any information from the GITPON platform/service or GITPON system, or attempt to decipher any transmissions to the server running any GITPON services;
  • Access to any data or information that does not belong to you, including but not limited to logging into a server or account that you do not have permission to access;
  • Use any device, software or routine program to interfere with or attempt to interfere with the normal operation of the Platform and/or to transmit or distribute any malicious code, virus or harmful data through the Platform or any operating system;
  • Abuse, abuse, or hack into the GITPON Platform/Services in any way, or in any way impair the integrity of the GITPON software or system;
  • Send, promote or post any unsolicited advertising or promotional content through or on the GITPON platform/service; and
  • How to use the GITPON platform/service:
    • Impair, disable, overload, weaken or endanger GITPON's system, software and/or security; or
    • Use the GITPON platform/service in a way that interferes with other users' use and enjoyment of the GITPON platform/service.

Information you submitted

You should ensure that all information provided to GITPON or published through the Platform is true, complete, accurate and up-to-date, and that you have all the necessary authority and rights to post or provide such information. You warrant that GITPON's use of any such information will not infringe the rights of any third party (including but not limited to intellectual property rights).

You may not transmit or publish any information that may be or may be illegal, technically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable through or on the Platform and/or the GITPON Services that encourage or may encourage conduct that constitutes a criminal offence, resulting in civil liability or otherwise violate any law, or infringe or potentially violate the rights of others.

By submitting or uploading any information on the Platform and/or the GITPON Services, you automatically grant or warrant that the information owner expressly grants GITPON royalty-free, perpetual, irrevocable, non-exclusive rights and licenses to copy, share, publish and distribute such information (in whole or in part) on the Platform, except for personal data, which GITPON will process in accordance with the Privacy Policy posted on the Platform.

Agree to receive email

You agree and authorize us to use any information you provide, including personal data, to send you special announcements, information and promotional emails. You agree that the provisions of this Section 7.4 will constitute your consent under any applicable spam control laws (whether in the UK or elsewhere).

policy

You shall abide by and comply with all relevant terms, conditions and requirements posted by GITPON on the Platform (“Policies”).

To avoid doubt, policies shall form part of this Agreement and you shall be bound by them.

Link

The Platform may contain links to third-party websites or resources provided by third parties (“third-party websites/content”). Third-party website/content links are for your convenience only. GITPON has no control over and assumes no responsibility for the information in these third-party websites/contents. GITPON is not liable for any losses and/or damages that may arise from your use of third-party websites/content. If you decide to access any third-party website/content, you hereby agree to be solely at your own risk. Your use of these third-party websites/content shall be entirely subject to the terms and conditions of these third-party websites/content.

Personal Data

  • All personal data collected by GITPON will be processed in accordance with the privacy policy posted on the platform.

  • If any data or information provided to you by GITPON pursuant to this Agreement contains personal data, you agree to:

  • Comply with the requirements of the Privacy Policy and shall not in any way cause GITPON to violate its obligations under the Privacy Policy (as a “Data User”);

    • Comply with GITPON's personal data protection policies from time to time;
    • Provide GITPON with access to any personal data when reasonably requested by GITPON; and
    • If you realize a breach or possibly breach your obligations under this Agreement regarding the processing of personal data, you should immediately notify GITPON. These Terms remain in effect upon termination of this Agreement.

intellectual property

  • All existing intellectual property rights of GITPON, its contractors, partners, service providers, suppliers or licensors (if any) shall be owned by their respective owners and all rights reserved. Nothing in this Agreement may be transferred or transferred to you.

  • All intellectual property created and/or developed by GITPON (its suppliers, contractors, partners and/or licensors (if any)) under this Agreement shall be absolutely owned by GITPON.

  • You may not engage in any infringement of GITPON or any third party intellectual property rights by yourself or through any other person.

  • You shall use any information and/or property provided to you under this Agreement only for the purposes of this Agreement and to the extent permitted by this Agreement. These Terms remain in effect upon termination of this Agreement.

  • All rights (including intellectual property), ownership and all rights to the game are exclusive to the respective game developers. All third-party trademarks, registered trademarks and product names mentioned in the Services, as well as links or related content in any Game Content accessed through the GITPON Platform are the property of their respective owners and may not be reproduced, imitated or used in whole or in part without the permission of the applicable intellectual property rights holder. References to any product, service, process or other information, whether by name, trademark, manufacturer, supplier or otherwise, do not constitute or imply endorsement, sponsorship or recommendation of the Platform.

  • You are responsible for obtaining and ensuring that all necessary rights, licenses, consents, licenses or authorizations (if any) grant the rights granted by this Agreement to list any information and/or services you display on the Platform or through the GITPON Services.

Consumer Protection

GITPON guarantees that GITPON services will be provided with reasonable care and skill.

Information provided to you through the Platform or the GITPON Services may be provided by third parties, including but not limited to sellers and other platform users. Although GITPON will make reasonable efforts to ensure that this information is communicated to you in its original form, GITPON does not guarantee the accuracy, completeness, reliability, originality, timeliness, or error-free information of the information described.

You understand, acknowledge and agree that the GITPON Services are provided on a “as is” and “available” basis and that GITPON expresses disclaimer or conditions, whether express or implied, unless expressly included in these Terms. In particular, in the use of the Platform and/or GITPON services, GITPON does not guarantee:

  • Features in the platform and/or GITPON service will meet your requirements;
  • Operations of the platform and/or GITPON services will be uninterrupted or error-free;
  • Any defects in the Platform and/or GITPON Services will be corrected; and
  • The platform has no viruses, errors, online outages or other harmful threats. You are solely responsible for implementing all necessary security and virus protection measures on your computer or mobile device before accessing the Platform.

You understand, acknowledge and agree that:

  • Suggestions or recommendations are questions of opinion and may not represent the true application, quality or functionality of a particular service, so you accept any advice or recommendation provided by GITPON, its employees or agents at your own risk and GITPON assumes no responsibility for such suggestions or recommendations;
  • There are risks in using the Platform or GITPON Services, including but not limited to the risks of purchasing counterfeit goods, mislabeled goods, and products that may not be transferred. It is recommended that you conduct adequate research before purchasing any goods or services through the Platform or GITPON Services;
  • All transactions conducted on the platform are conducted through telecommunications and data networks. As a result, your receipt of notifications from GITPON and your receipt of notifications from you may be delayed or unable to deliver due to factors affecting the relevant service providers and other relevant parties. You accept that GITPON cannot guarantee the timely delivery of such notices or confirmations;
  • There may be some time platforms or GITPON services that are unavailable due to maintenance, updates or upgrades, or other reasons that GITPON cannot control. GITPON does not warrant that the Platform and/or GITPON Services will always be available and that GITPON assumes no liability or obligation for such unavailability.

Limitation of liability

To the maximum extent permitted by law and bills,

  • The Platform, GITPON Services and GITPON Services are provided to you through the Platform and/or GITPON Services on a “as is” and “available” basis without warranty of any kind, and GITPON hereby disclaims all warranties and conditions relating to the Platform, GITPON Services and GITPON Information provided to you, unless otherwise stated in this Agreement;
  • GITPON shall not be liable for any expenses, losses, damages, claims, fines, liabilities and/or expenses arising from any information provided to you by GITPON through the Platform;
  • In no event will GITPON be liable for any indirect, incidental, punitive and/or consequential damages and/or losses, profits, goodwill, production and/or revenue and/or any other special losses and/or damages of any other type, regardless of whether such losses and/or damages are reasonably foreseeable or whether GITPON has been advised of the possibility of such losses;
  • GITPON serves as an online marketplace only, enabling transactions of digital goods including but not limited to in-game currencies, game coins and gift cards. GITPON does not understand or control how these digital goods are used after the transaction is completed. The use, application or results resulting from any such product in third-party games or platforms are solely at the User ("You")'s own responsibility. GITPON shall not assume any liability arising out of or related to the use of the goods purchased by the user; and
  • GITPON’s maximum and accumulated total liability (including any conduct and omission it represents) for any and all costs, losses, damages, claims, fines, liabilities and/or expenses under this Agreement shall not exceed SGD30 or the related expenses you pay for the GITPON Services, whichever is lower.

compensation

You agree to defend, indemnify and hold GITPON, its affiliates and their respective directors, officers, employees and agents harmless from all expenses, losses, damages, claims, fines, liabilities and/or expenses, including attorneys' fees, including but not limited to any negligence, omission and/or breach of this Agreement. This obligation of indemnity shall apply regardless of whether or not a legal action is filed, regardless of the manner, means or nature of any settlement, compromise or determination. For the avoidance of doubt, nothing in these Terms shall prevent or restrict GITPON from executing any other rights and obligations under this Agreement.

force majeure

GITPON shall not be liable to you and shall not be deemed to be a breach of this Agreement if GITPON delays performance or fails to perform any obligations under this Agreement due to reasons beyond GITPON's reasonable control, including but not limited to:

  • Fire, natural disaster, storm, explosion, earthquake, flood, storm, accident or other natural disaster;
  • War or threats, destruction, uprising, civil strife or expropriation;
  • any conduct, restrictions, regulations, affiliated laws, prohibitions or measures of any government, parliament or local authority;
  • strikes, shutdowns or other industrial actions or trade disputes;
  • Difficulties in obtaining raw materials, labor, fuel, parts or machinery; and/or
  • Telecommunications, transportation, power supply or system interruption or failure, or mechanical failure affecting the Platform, GITPON Services or any part of it.

GITPON Rights and Suspensions

Without prejudice to any other rights under this Agreement or under the law, GITPON reserves the right to immediately (without notice):

  • Suspend or terminate your access to the Platform and/or GITPON services;
  • Delete any information you submit, upload, or transmit through the platform;
  • suspend or restrict any or all activities and/or transactions related to your account; and
  • Notify the Payment Partner of the Dispute in respect of the Sales Contract, the Payment Partner may withhold, retain or forfeiture any amount due or owed to you under its terms of service and/or take other actions deemed necessary by GITPON;

In any of the following circumstances, including but not limited to:

  • GITPON believes that your performance of any sales contract is unsatisfactory in GITPON's sole discretion;
  • GITPON has reasonable reasons to believe that your use of the Platform and/or the GITPON Service will interfere with or cause interference from other users to use or enjoy the Platform or the GITPON Service;
  • Find out that you have violated any of the terms and conditions of this Agreement or GITPON suspects that you may have violated any such terms and conditions;
  • Your long-term inactive period is determined from time to time; or
  • You are found to be involved in actual or suspected fraudulent activities that result in possible or actual reputational damage to GITPON.

If your account is in or remains inactive for one year (1) year, we reserve the right to take necessary measures such as suspending or deactivating your account.

Under the above terms, the Company reserves the right to include, but not limited to, forfeiture of the balance of the relevant account, at GITPON's sole discretion, if the account is used to engage in any fraudulent activity or the account is inactive for a longer period of time.

termination

GITPON may terminate this Agreement immediately by written notice without prejudice to any other rights under this Agreement or under the law:

If you violate any of the terms and conditions of this Agreement and fail to correct the breach within thirty (30) days after GITPON's written notice; or

  • If you are dissolved by resolution or are about to become, threaten or determined to become or may become the subject of any form of bankruptcy administration, including but not limited to bankruptcy proceedings, or if a takeover order is issued to you or you reach any arrangement or settlement with your creditors.
  • Without prejudice to GITPON any other rights and remedies under this Agreement or under the law, upon termination:

All rights granted to you under this Agreement will be terminated;

  • If you are a seller, GITPON will send all the amount you have earned but have not received from the platform, deducting any fees to GITPON to the payment method you specify. However, if you fail to provide your payment method accordingly after we try our best to contact, it will be handled in accordance with clauses 18.2 and 18.3 above;
  • You shall immediately cease all activities authorized under this Agreement; and
  • You shall immediately destroy or return all confidential information in your possession as required by GITPON and at the request of GITPON and prove that you have done so when requested by GITPON.

change

GITPON reserves the right to add, delete, modify or revise this Agreement or any part thereof, or impose new conditions at any time, including but not limited to the additional fees and charges for access and use. Such additions, removals, modifications or revisions shall be effective immediately and GITPON may notify you by posting them on the Platform, by email, or otherwise. Your continued use of the Platform and/or GITPON Services after such notice will be deemed to be your acceptance of such additions, removals, modifications or revisions to this Agreement.

If you do not agree to any such addition, removal, modification or revision, you shall immediately notify GITPON and this Agreement shall be deemed to be terminated upon your notification to GITPON Your disagreement unless otherwise agreed by GITPON.

GITPON reserves the right to change or discontinue any aspect or functionality of the Platform and/or GITPON Services at any time, including but not limited to the content, available time and required equipment to be accessed and used.

Unless the parties agree in writing, any modifications or changes to this Agreement are invalid and non-binding.

notify

Unless otherwise provided in this Agreement or agreed otherwise by the parties, all notifications and other communications to either party under this Agreement shall be conducted in writing and shall be valid and sufficient if sent or sent in the following manner:

If you are given through GITPON

  • By publishing, publishing or sending notifications on relevant platforms;
  • By sending an email to the email address you provide or notified;
  • By publishing in newspapers; or
  • By sending a Short Message Service (SMS) to the mobile number you registered with GITPON.

If sent by you to GITPON:

Send to:

Company: GITPON LIMI LIMITED

Address: Gitpon Limited, 14 Leinster Gardens, London, United Kingdom, W2 6DR

Email to: [email protected]

The notice shall be deemed to have been delivered:

  • If delivered in person, after delivery on the next working day;
  • If sent by registered mail or courier, three (3) working days after the mailing;
  • If sent by email, if sent by email successfully and recorded as sent, if sent before 5 pm on weekdays; if sent after 5 pm or not on weekdays, on next weekdays;
  • If posted, published, published or sent on the relevant platform, or sent via SMS, it will take effect immediately after successful publication, publication or sent, if posted, published or sent before 5 pm on the weekdays; if posted, published or sent after 5 pm or not on the weekdays, on the next business day.

Notwithstanding anything to the contrary in these Terms, notices sent by email do not apply to or are invalid to any law, notice, claim, claim, action, action and/or procedure.

You agree to notify the platform in a timely manner when the address changes. The platform reserves the right to verify update address information and may require additional documentation to confirm changes. If you fail to keep this information up to date, the company may suspend your account.

Complete Agreement

This Agreement (along with any documents mentioned herein) constitutes the entire agreement between the parties regarding the subject matter of this Agreement, supersedes any previous oral or written agreement, understanding or arrangement of the parties regarding such subject matter, and shall not be deemed to have given or implied any representation, commitment or commitment from any negotiations stated or written by the parties before this Agreement.

Transfer, contract and subcontract

You may not transfer, transfer and/or subcontract any rights and/or obligations in this Agreement to third parties without GITPON's prior written consent. GITPON may transfer, transfer and/or subcontract any or all of its rights and obligations under this Agreement to any of its affiliates.

No waiver

Any delay or failure by either party in the exercise of any rights or remedies under this Agreement, or breach of any provision of this Agreement by either party in the knowledge or acquiescence of any of the terms of this Agreement, shall not be deemed to be a waiver of such rights or remedies, nor shall it be deemed to be a continued waiver of such party in subsequent or ongoing breach. The terms or rights under this Agreement shall not be waived unless signed in writing by the Waiver.

Heirs and Assignees

This Agreement shall be binding on both parties and their licensed legal assignees and successors.

Separability

Any terms, conditions, provisions, terms, contracts or commitments in this Agreement (the “Terms”, any reference to the Terms shall include any part thereof) shall be completely severable and shall be invalid to such extent as such illegal, invalid or unenforceable without invalidating the remaining terms of this Agreement. This Agreement shall be construed and enforced in a manner that does not include such illegal, invalid or unenforceable terms. If any provision of this Agreement or its application is unlawful or unenforceable, or is deemed unlawful or unenforceable, the provision shall continue to apply and be modified as necessary to make the provision a legal, valid and enforceable clause.

offset

You are not entitled to offset any amount due to GITPON with any claim you make or amount due to you. GITPON reserves the right to offset or offset all current and future debts to GITPON arising from your use of the Platform or GITPON Services.

No partnership/agent relationship

Nothing in this Agreement shall constitute or be deemed to constitute a joint venture or partnership between the parties. Neither party has the right to act, make representations or sign a contract on behalf of the other party.

No third-party rights

You agree that unless otherwise expressly provided in this Agreement, there are no third-party beneficiaries in this Agreement.

Rule of law

The interpretation, validity and performance of this Agreement shall be solely governed by the laws of the United Kingdom. Exclusive jurisdiction of the parties to the British court.

Terms of existence

The terms, conditions and terms of this Agreement shall continue to be valid and shall remain in full force upon termination or expiration of this Agreement.