Terms Of Service
Before you use the platform, please read the following terms and conditions carefully. By using the platform, you signify your agreement to these terms and conditions and you shall be bound by the same. If you do not agree to any of these terms and conditions, do not use the platform.
General
This agreement, and all schedules and appendices attached or referred hereto, if any, (“Agreement”) is an agreement between you and L4G.
This Agreement shall govern, among others,
(a) the provision of the L4G Services (as hereinafter defined); and
(b) your use of the Platform (as hereinafter defined).
The Services are intended for, and may only be used by:
(a) individuals who are 18 years and older who can form legally binding contracts under applicable law, and
(b) individuals who are under the age of 18 with the consent and direct supervision of his/her parent or legal guardian. All transactions carried out by any individual under the age of 18 pursuant to this Agreement shall be deemed to have been approved by his/her legal guardian or parent and such legal guardian or parent shall be responsible for any and all activities conducted by such individual under the age of 18.
Access to the platform
If you wish to have access to the Platform and L4G Services, you shall create an Account with L4G in accordance with the Registration Process. Upon successful registration, you may be given access to the Platform and L4G Services by logging in to your Account. You may be asked to provide additional verification or information during the registration process.
You shall be solely responsible for keeping the username and password of your Account confidential and secured at all times and shall immediately notify L4G of any unauthorised access to your Account.
You shall closely monitor all activities and transactions carried out through your Account and you shall take all steps and measures to check and verify the transaction history of your Account. You shall immediately notify L4G:
(a) of any unusual activities or transactions in connection with your Account or in the event that any of the activities or transactions are not accurately recorded in your Account;
(b) upon receipt of any incomplete, garbled or inaccurate data or information from L4G; and
(c) upon receipt of any data or information which is not intended for you and you shall not use or disclose any such data or information without L4G’s written consent.
Sale contract
All Sale Contracts are strictly made between the relevant Seller and the relevant Buyer to the full and absolute exclusion of L4G. L4G makes no representation and/or warranty of any kind as to the Goods and/or Services and L4G shall not be made liable or responsible to you in any manner whatsoever for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the Sale Contract, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant Seller or Buyer. The Buyer acknowledges that there is a risk that the relevant game developer may modify the Buyer’s game account and its content from purchases made by the Buyer via the Platform and L4G shall not be held liable in any manner whatsoever in such circumstances. For the avoidance of doubt, all Goods and/or Services are offered by the relevant third party Seller and L4G is merely the facilitator of such Goods and/or Services. As such, L4G has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings. L4G is not obliged to conduct pre-screening on users. L4G cannot guarantee that a Buyer or Seller will actually complete a transaction.
Notwithstanding the foregoing, the Sale Contract shall be subject to and you shall observe and comply with the following terms and conditions:
(a) You shall not modify or cancel any Sale Contract formed via the Platform except with the agreement in writing of L4G and on the condition that you shall indemnify L4G in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by L4G as a result of such modification or cancellation;
(b) You shall carry out all your obligations in connection with the Sale Contract diligently in a timely manner and with due care and skill;
(c) You shall comply with any instructions, guidelines and/or policies as may be published or provided by L4G in connection with the Sale Contract from time to time.
In the event that any conflict, dispute and/or issue between you and another user or a third party in respect of the Sale Contract arises,
(a) we encourage you to contact the user or third party and use your best endeavour to resolve such conflict, dispute or issue fairly and amicably, which L4G shall use reasonable commercial efforts to facilitate.
(b) L4G may, but not obliged to, intervene or take part in the resolution of such conflict, dispute or issue for the benefit of users. L4G does so in good faith and at its sole and absolute discretion, in accordance with the dispute resolution process based upon L4G policies. L4G has no obligation to resolve disputes between users or between users and outside parties. You shall comply with all reasonable instructions as may be made by L4G in connection thereof.
(c) Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
(d) L4G shall have the right to retain any sums paid by the Buyer for the relevant Goods and/or Services until a mutually amicable binding resolution has been reached.
Seller’s representations, warranties and obligations
You may list and sell your Goods and/or Services on the Platform in accordance with the procedures set out on the Platform subject to all conditions and requirements as may be imposed by L4G from time to time.
L4G may at its absolute discretion:
(a) categorise the Seller into the relevant group of Sellers based on L4G’ criteria; and
(b) determine the range of prices for the Goods and/or Services.
Each Seller warrants, represents, acknowledges and/or confirms that:
(a) it has procured all necessary permission, right, licence, consent and/or approval from the relevant third parties to publish, display and offer the Goods and/or Services for sale through the Platform (including without limitation the publishing of all Information in connection with the Goods and/or Services on the Platform) and such publishing, displaying and offering will not infringe any third party rights;
(b) it shall honour and perform all the Sale Contracts and shall not engage in any conduct or carry out any action which may affect the Buyer’s entitlement to the purchased Goods and/or Services;
(c) it is able to provide, transfer or deliver the Goods and/or Services to the Buyer in a timely manner (i.e. when the Buyer has confirmed the order with L4G or when the Buyer has made the payment for the relevant Goods and/or Services whichever earlier);
(d) the Goods and/or Services are accurately described and the Goods and/or Services delivered or provided to the Buyer will conform with its description; and
(e) it shall not directly or indirectly recruit and/or poach any Buyers or enter into any independent transaction with the Buyer other than through the Platform.
The Seller shall be solely liable for all claims in relation to and in connection with the Sale Contract, including, without limitation, non-delivery, defective quality and/or misdescription of the Goods and/or Services.
L4G shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to the Seller in respect of the obligations on the part of the Buyer to pay the price of the purchased Goods and/or Services.
Use of the platform/L4G services
In consideration of you agreeing to the terms and conditions contained in this Agreement, L4G grants you a non-exclusive, non-transferable right to access and use the Platform and L4G Services solely and to the extent necessary for the purpose of this Agreement. The Platform and/or the L4G Services shall not be commercialised in any manner whatsoever.
The Platform, L4G Services, and/or all Information contained on, in or made available through the Platform and/or L4G Services shall be collectively referred to as “L4G Platform/Services” and reference to L4G Platform/Services shall include any part thereof. Save and except as otherwise stated in this Agreement or with L4G’s prior written consent, you shall not and shall not attempt to, whether by yourself or by allowing any third party:
(a) copy, distribute, recreate, and/or disseminate L4G Platform/Services except where such act is incidental to the normal use of L4G Platform/Services, or where it is necessary for the purpose of this Agreement or other back-up and/or operational security reasons;
(b) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify L4G Platform/Services;
(c) make alterations or modifications to the whole or any part of L4G Platform/Services, or permit L4G Platform/Services to be combined with, or become incorporated in, any other programs;
(d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of L4G Platform/Services;
(e) provide or otherwise make available the underlying software of the Platform in whole or in part (including object and source code), in any form to any person;
(f) use L4G Platform/Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement, or act fraudulently or maliciously;
(g) collect or harvest any Information from L4G Platform/Services or L4G’s systems or attempt to decipher any transmissions to or from the servers running any of the L4G Services;
(h) access any data or Information not intended for you, including without limitation logging into a server or an account which you are not authorized to access;
(i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform and/or transmit or distribute any malicious code, viruses, or harmful data into or through the Platform or any operating system;
(j) misuse, abuse or hack into any aspect of L4G Platform/Services in any manner whatsoever or otherwise compromise the integrity of L4G’s software or systems;
(k) send, advertise or publish any unsolicited advertising or promotional content through or on L4G Platform/Services; and
(l) use L4G Platform/Services in a way that could: (i) damage, disable, overburden, impair or compromise L4G’s systems, software and/or security; or (ii) interfere with other users’ use and enjoyment of L4G Platform/Services.
Information submitted by you
You shall ensure that all Information provided to L4G or published on the Platform by you is true, complete, accurate and up-to-date and that you have all the necessary authority and right to publish or provide such Information. You warrant that L4G’s use of any such Information will not infringe the right (including without limitation the Intellectual Property Rights) of any third party.
You shall not transmit or post (or cause to be transmitted or posted) through or on the Platform and/or L4G Services any Information which is or may be unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or which violates or infringes or may violate or infringe the rights of others.
Policies
You shall comply with and observe all the relevant terms, conditions and requirements contained in the policies published by L4G on the Platform (“ Policies” ).
Personal data
All Personal Data collected by L4G will be processed by L4G in accordance with the Privacy Policy published on the Platform.
Intellectual property rights
All existing Intellectual Property Rights of L4G, its contractors, partners, services providers, suppliers, or licensors (if any) shall belong and remain with its respective owner. Nothing in this Agreement shall transfer or assign such Intellectual Property Rights to you.
Consumer protection
Notwithstanding anything contained herein, if the Consumer Protection Act 1999 (“Act”) applies and if you are dealing as a consumer under the Act (consumer shall have the meaning prescribed to it by the Act, “Consumer”), (a) this Agreement is only intended to exclude or limit the remedies and rights you may have to the maximum extent permitted by the Act; and (b) nothing in this Agreement is intended to exclude or limit L4G’s liability to you for any loss or damage arising from (i) L4G’s negligence; or (ii) L4G’s breach of any express or implied terms of this Agreement without adequate justification.
Termination
Without prejudice to any other rights that L4G may have under this Agreement or at law, L4G may immediately terminate this Agreement by notice in writing if:
(a) you are in breach of any of the terms and conditions of this Agreement and such breach is not remedied by you within thirty (30) days’ of L4G’s written notice; or
(b) you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration, including without limitation bankruptcy proceedings, or if a receiving order is made against you or you make any arrangement or composition with your creditors.
Variation
L4G shall have the right at any time to add, delete, amend, or modify this Agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for access and use. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Platform and/or L4G Services by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.
No partnership/agency
Nothing in this Agreement shall create, or be deemed to create, a joint venture or partnership between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of the other party.
Survival
The covenants, conditions and provisions of this Agreement which are capable of having effect and which shall by its nature survive after the termination or expiration of this Agreement shall remain in full force and effect following the termination or expiration of this Agreement.