TERMS AND CONDITIONS

Last Updated: Nov 15, 2022

These terms of use (the “Terms” or “Terms of Use”) is a contract between you and BINGCHUAN NETWORK (HONG KONG) COMPANY LIMITED (“BINGCHUAN”, “we”, “us” and “our”) , and use of any services of BINGCHUAN (the “Service”). You must be above eighteen (18) years of age and competent to contract under the applicable laws to access or use the Service.

The Terms of Use may be revised or altered by us at our sole discretion from time to time, and the latest Terms of Use will be posted on the Site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms of Use. However, you are responsible for periodically reviewing these Terms of Use and check for such changes.

1.BINGCHUAN Service

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 epicheroes22@outlook.com immediately, so that we can disable your child's access.

3.Account

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 epicheroes22@outlook.com. 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

4.1 Without prejudice to other provisions of the Terms of Use, you may not use the Service for activities that:

(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

5.1 The Service are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. BINGCHUAN, our affiliates, licensors, or our service providers own all legal right, the title, interest, copyright and other worldwide intellectual property rights in the Service and all copies of the Service improved, updated, upgraded, modified, or customized and any software or documents provided to you as part of or in connection with the Service, including, without limitation, all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. In addition, this Terms of Use does not grant you any rights to the intellectual property rights in the Service.

5.2 Unless you have agreed otherwise in writing with BINGCHUAN, nothing in the Terms of Use gives you a right to use any of BINGCHUAN’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

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.Payment Facilitation

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.BINGCHUAN’s Rights

7.1 Prohibited Use. Without prejudice to other provisions under this Terms of Use, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your BINGCHUAN account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your BINGCHUAN account is associated with a prohibited use.

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

(d) breach of any of the provisions under this Terms of Use.

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;

(c) breach of the confidentiality obligations under these Terms of Use; your wrongful or improper use of the BINGCHUAN Service and breach of any third party rights;

(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.

9.2 Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms of Use resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

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.

9.4 Any Dispute arising out of or in connection with these Terms of Use (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) 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, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

10.Privacy and Disclosure

For information about the way in which we collect, process and share your personal data, please refer to our Privacy Policy.

11.NO REFUND

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.General Provisions

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.

12.3 Availability

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.

Links to third-party materials (including without limitation any websites) provided through the Service may lead you to leave the Site. Please note that the linked materials may not be under the ownership or control of BINGCHUAN in any manner whatsoever, and you therefore access them at your own risk. BINGCHUAN is not responsible for the contents, terms of use, or privacy practices of any such linked materials. The inclusion of any third-party materials does not in any way imply or express affiliation, endorsement, or sponsorship by BINGCHUAN of any linked materials.

12.5 Assignment

You may not assign any rights and/or licenses granted under these Terms of Use. We reserve the right to assign our rights without restriction, including without limitation to any BINGCHUAN affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that BINGCHUAN is acquired by or merged with a third-party entity or undergoes a change of control, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

12.6 Force Majeure

We will not be liable for failure to perform under the Terms of Use as a result of any event of force majeure including, not be limited to acts of God, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the payment system providers performance.

12.7 Confidentiality

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

The failure of BINGCHUAN to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

12.9 Notices

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.

12.10 Severability

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

12.11 Termination

We may terminate or suspend use of the Service or the Site at any time in our discretion, with notification to you. Upon any termination for any reason, we shall have no liability to you and no further obligations under the Terms of Use.

12.12 Governing Law

These Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region and the general international business practices and / or industry practices shall be referred to where there are no applicable laws or regulations.

12.13 Survival

The following provisions of these Terms of Use shall survive termination of your use or access to the Service and the Site: the sections concerning Intellectual Property, Liability and Indemnity, Complaints and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the Service and the Site.