TERMS AND CONDITIONS
Last Updated: Nov 15, 2022
BINGCHUAN allows you to purchase certain digital entertainment content, such as gift codes, app/game credits, and vouchers (“Digital Product”) through the Site from BINGCHUAN or BINGCHUAN’s third party merchants (the “Publishers”).
2.Who May Use the Service
You must be at least 18 years old (or age of majority in your jurisdiction) to use the Service. If you are below the age of majority under the law applicable to you, you must have your parent or legal guardian's consent to use the Service. Please have your parent or legal guardian read these Terms with you.
By granting your child permission to use the Service, you hereby agree to be bound by these Terms. You are responsible for monitoring and supervising your child's use of the Service. If your child is using the Services and is either under the age of majority or does not have your permission, please contact us at [email protected] immediately, so that we can disable your child's access.
3.1 Account and User ID
You are solely responsible for your username of your account, provided that your username shall comply with applicable laws or our guidelines (if any) (e.g., your username must not contain obscene words). We may request you to change your username, suspend or terminate your account with us, if your username violates applicable laws or guidelines or otherwise deemed inappropriate by us.
You must not sell, lend, share or transfer your account or otherwise permit any other person to access or use your account. You agree that you are solely responsible for any and all activities that occur under your account, including any use of our Service and transactions occurred under your account. To the fullest extent permitted by laws, any acts under your account will be deemed as acts made by yourself.
Termination of your account also terminates your access to or use of the Service and any license or rights granted under these Terms. If you want to terminate or disable your account, you may submit your account deletion request by contacting us at [email protected]. Once your account is deleted, you will not be able to reactivate your account or retrieve any information or content in connection with the deleted account.
4.Use of the BINGCHUAN Service
(a) make purchase if you are under the age of majority;
(b) use the Service for any illegal or noncompliant purposes or violate applicable laws, regulations, rules, or guidelines;
(c) use a buying agent or purchasing agent to make purchases using our Service and thereafter charge other directly or indirectly for such uses;
(d) modify, alter, reverse engineer, duplicate, disassemble, decompile, transfer, copy, exchange or translate the Service or any elements therein or thereof without our prior written permission;
(e) use the Service to make profits or for any commercial or unauthorized purposes, such as sending advertising content or messages without our prior written permission;
(f) use any automated system, software, robot, spider, crawler, scraper or interface, or any other automatic device, software or process, whether operated by a third party or otherwise, to extract, monitor, copy or collect any data or information from the Service, or engage in any manual process to do the same;
(g) interfere with, disrupt, or create an undue burden on the Site or the networks or Service connected to the Site.
(h) attempt to circumvent any technical measures we employ, or attempt to access parts or features of the Service that you are not authorized to access;
(i) probe, scan, or test the vulnerability of our Service or any system or network;
(j) use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or take any acts that could affect, cause damage to or impair the provision of the Service;
(k) attempt to trick, defraud, or mislead us or any other user;
(l) solicit login credentials from another user;
(m) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
(n) relate to transactions involving (i) certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) stolen goods including digital and virtual goods, (v) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (vi) items that are considered obscene, (vii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (viii) certain sexually oriented materials or services, (ix) ammunition, firearms, or certain firearm parts or accessories, or (x) certain weapons or knives regulated under applicable law;
4.2 You agree that to the extent permitted by law, the transaction made via BINGCHUAN cannot be refuted once initiated.
5.Ownership and Intellectual Property Rights
5.3 Unless you have been expressly authorised to do so in writing by BINGCHUAN, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
6.1 You can purchase Digital Product through payment channels available to you on the Site.
6.2 The price for purchasing Digital Product is solely determined by BINGCHUAN or the Publishers and will be displayed on the Site at the point of purchase. We can change the prices at any time and you understand that we do not provide any price protection or refund in case of price reduction. The currency applicable to your payment may depend on various factors (e.g., the jurisdiction where you make the purchase).
6.3 Digital Product is of no monetary value and cannot be redeemed or exchanged for cash, cash equivalent, legal lender, legal currency, or any other property.
7.2 BINGCHUAN may suspend and restrict your access to any or all the BINGCHUAN Service if:
(a) we are so required by a court order or binding order of a government authority;
(b) we reasonably suspect you of using your BINGCHUAN account in connection with a prohibited use;
(c) use of your BINGCHUAN account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; and/or
7.3 No advice. BINGCHUAN makes no representation or warranty, express or implied, to the extent not prohibited by applicable laws, regarding the advisability of using any of the Service.
7.4 BINGCHUAN reserve the right and discretion to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.
7.5 In respect of Digital Product purchased through the Site, the relevant Publishers that issued the Digital Product and not BINGCHUAN, are solely responsible for redeeming the Digital Product, and for providing goods or services to you in exchange. Please read the instructions on corresponding page carefully before purchasing the Digital Product, and purchase after your acceptance of the relevant instructions.
8.Liability and Indemnity
8.1 Limitation on Liability. Subject to the overall provisions stated above, you expressly understand and agree that in no event shall BINGCHUAN, its affiliates, and its or their licensors or service providers be liable to you for:
(a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages, costs, losses, penalties, fines, charges or expenses which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of profits, any loss of data or other information suffered, business interruption, cost of procurement of substitute goods or Services, loss of privacy arising out of or in any way related to the use of or inability to use the Service or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Service;
(c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service.
8.2 In the event of any jurisdiction does not allow limitations on implied warranties or the exclusion or limitation of certain damages, all or part of the disclaimers as listed above in clause 8.1 may not apply.
8.3 You agree to indemnify and hold BINGCHUAN, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors, in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions (including, without limitation, lawyer’s and experts’ fees) or other proceedings as a result of:
(a) fraud, negligence and wilful misconduct by you in the use of the Service;
(b) violation of applicable laws, rules or regulations in the use of the Service and/ or in the conduct of your business or in relation to any information available as part of the Service, including but not limited to the legal provisions mentioned thereafter;
(d) fines, penalties and charges imposed by the acquiring bank, card payment networks or any governmental authority on account of transactions on the website or platform or the use of personal information or data that are in violation of applicable law.
9.Complaints and Dispute Resolution
9.1 If you have a dispute with BINGCHUAN, you agree to contact BINGCHUAN through our support team in first instance to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the BINGCHUAN support team, you agree that the dispute will be resolved in the manner described immediately below.
9.3 Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and shall in no circumstances be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
10.Privacy and Disclosure
Please be sure the Digital Product is right for you before purchasing. BINGCHUAN does not support refunds to the maximum extent permitted by laws and regulations. Users are solely responsible for confirming that their devices are compatible with the products they purchase. All Digital Products purchased are final, non-refundable and non-returnable. We do not offer refunds or exchanges for the incorrect purchase of BINGCHUAN Service, including due to compatibility issues.
12.1 No Warranty and Disclaimer
We do not represent or warrant, express or implied, that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful computer software. BINGCHUAN won’t be liable for any claims arising from or in connection with that.
To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the Service, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
BINGCHUAN has no control over the quality, fitness for purpose, safety, reliability, legality, or any other aspect of any good or service provided by a Publisher that you purchase using the Service. Except as otherwise indicated in these Terms, BINGCHUAN will not be obliged to issue refunds if a purchase does not meet your expectations, or if the relevant Publisher does not fulfil its commitments.
You agree and understand that the availability of the Service is dependent on the network and systems availability of our service providers, the payment channels, the Publishers, and/or our affiliates and subsidiaries.
The BINGCHUAN Service may be temporarily unavailable from time to time for maintenance or other reasons. BINGCHUAN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
BINGCHUAN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service. Under no circumstances will BINGCHUAN be responsible for any loss or damage, including any loss or damage to any user of content of the Site, financial damages or lost profits, or loss of business, resulting from anyone's use of the Service and the Site, any user content or third-party content posted on or through the Service or the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
12.4 Accuracy of Content on the Site
Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, its content) may not always be entirely complete or current. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies and Service.
12.6 Force Majeure
You agree not to disclose or attempt to use or personally benefit from any non-public information or information that by its nature should be considered confidential (“Confidential Information”) that he may learn on the website or through the services. You shall hold such Confidential Information in confidence and shall not disclose Confidential Information to any third party without our prior written consent. You acknowledge and agree that a breach of this clause would cause irreparable harm and that we shall be entitled to seek equitable relief from such breach. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify BINGCHUAN and cooperate fully with BINGCHUAN in protecting such information to the extent possible under applicable law.
12.8 No Waiver
All notices we send to you under this Terms may be sent by means of homepage announcements, messages, official website, E-mail and SMS.
You consent to receive communications from us in electronic form and agree that all terms and conditions, notices, rules, disclosures, policies, and other communications from BINGCHUAN provided electronically to you shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication.
12.12 Governing Law