P2W TOPUP TERMS AND CONDITIONS
1. Definitions
Pay To Win Co., Ltd. (which may occasionally be referred to as "P2W" or interchangeably as "P2W TOPUP") is a company whose business unit runs P2W TOPUP Service available through the website www.p2wtopup.com which is a site that provides various needs for users related to Games.
Terms & Conditions refer to this agreement between End Users and P2W TOPUP which contain a set of rules governing rights, obligations, user's and P2W TOPUP responsibilities, and procedures for using P2W TOPUP service (which may occasionally be referred to as "Service").
We, Our or Us shall be referred to P2W TOPUP.
You or Your in this Agreement refers to any individual or entity who accepts this Agreement, has access to your account, uses the Services or the Site, or orders the Services which You may be interchangeably referred to as End User under this Terms & Conditions.
End User or Customer refers to end users who purchase Products from the Sellers through P2W TOPUP.
Order refers to an order of a Product by you.
Services or P2W TOPUP Services refers to the services provided by P2W TOPUP in assisting and facilitating End Users to shop, pay and receive Products from the Sellers.
Site is a website P2W TOPUP that is accessible at https://www.p2wtopup.com
Seller refers to the owner of Products distributed through P2W TOPUP where the End Users can directly purchase and conduct the direct transaction with Sellers.
Products refer to the Products and Services on the Site which P2W TOPUP only facilitate the Sale of Products, i.e. Game Top Up and other relevant products, by the Seller to the End User. In addition, there are some Products provided by P2W TOPUP itself, i.e. Game Data Package, Game Subscription and Cloud Game.
2. General Use of The Services
You agree to comply with all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.
2.1 You agree and undertake NOT to:
a) use P2W TOPUP in any way that violates any applicable law or for any unlawful purpose.
b) attempt to harm, disrupt, or otherwise engage in activity that diminishes P2W TOPUP, our websites, or our Service.
c) interfere with any other person's use of P2W TOPUP.
d) misrepresent your identity or impersonate any person or entity, including, but not limited to any user of this website, a director, officer, employee, shareholder, agent, or representative of P2W TOPUP, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with P2W TOPUP, or our affiliates or any other person or entity.
e) or control the rights to such material or have received all necessary consents.
f) use P2W TOPUP to harvest or otherwise collect information about others, including e-mail addresses.
j) attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse
h) engineer any software used or provided by P2W TOPUP.
i) use an attempt to gain access to any account, computers or networks related to P2W TOPUP without authorization.
j) attempt to obtain any data through any means from P2W TOPUP, except if we intend to provide or make it available to you.
k) attempt to charge others to use P2W TOPUP either directly or indirectly.
l) use P2W TOPUP for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
m) use P2W TOPUP to purchase any material protected by intellectual property laws unless you own this website to harm minors in any way or solicit or otherwise attempt to gain any information from a minor.
n) act in a manner that negatively affects or otherwise diminishes the quality of another user's experience of this website.
2.2 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, or discontinue the provision of or remove, whether in whole or in part, the Site or any Services and shall not be liable if any such upgrade, modification, suspension, or removal prevents you from accessing the Site or any part of the Services.
2.3 You agree not to alter, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by P2W TOPUP.
2.4 We reserve the right, at its sole discretion, but shall not be obliged to:
a) monitor, screen or otherwise control any activity, content or material on the Site and/or through the Services. We may, in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
b) prevent or restrict access of any End Users to the Site and/or the Services;
c) report any activity we suspect to be in violation of any applicable law, statute, or regulation to the appropriate authorities and to co-operate with such authorities; and/or
d) to request any information and data from you in connection with your use of the Services and/or access of the Site at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data.
e) deactivate, cancel, delete, ban, prevent and restrict any access to the Site and/or the Service of and by any P2W TOPUP account, the End User and/or anyone whether permanently or temporarily and without giving any reason or prior notice.
3. Privacy Policy
3.1 Your use of the Services and/or access to the P2W TOPUP is also subject to the Privacy Policy as set out at https://p2wtopup.com/policy
4. P2W TOPUP User Account
4.1 End User hereby declares that the End User is a capable person and is capable of binding himself in a legal agreement.
4.2 P2W TOPUP does not charge End User for registering to P2W TOPUP Service.
4.3 You must create your user account with an active Thai mobile number or email address and complete all verification prior to completing any Order on P2W TOPUP.
4.4 You agree that P2W may disclose and share your information on P2W TOPUP to relevant third-party as part of providing the Service to you.
5. Terms for Sale of Products
5.1 You acknowledge that P2W neither directly sell nor own any Product on the Site, and is only facilitating the Sale of Products by the Seller to the End User. The name of the Seller of the Product is publicly displayed on the Site.
5.2 Your authorization to use any Products is provided by the Seller and not P2W, and is subject to any terms and conditions of services as made available by the Seller, including, but not limited to, warranties (if any), ownership of intellectual property and permitted uses. Each agreement entered into for the Sale of Products to an End User shall be an agreement entered into directly and only between the Seller and the End User and also subjected to the Terms and Conditions of Sale listed here.
5.3 You acknowledge and agree that You must contact the respective Seller or its designated representative with regards to any service issues, including any issues with support. P2W provides customer support to You at no additional fee for service issues related to the use of the P2W TOPUP.
5.4 Product Description:
a) While we endeavor to provide an accurate description of the Products on Product Detail Page, we do not warrant that such description is accurate, current or free from error.
5.5 Prices of Products:
a) All Product Prices are subject to taxes, unless explicitly stated otherwise.
b) We, as notified and requested by the Seller, reserve the right to amend the Prices at any time without giving any reason or prior notice.
5.6 Order Placement:
a) You may place an Order by completing the Order form on the Site and clicking on the confirm button. The Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
b) Orders are irrevocable and unconditional upon transmission of payment confirmation. Orders cannot be returned, refunded, transferred and/or canceled.
c) P2W TOPUP will provide a bill summary of your accrued fees to You and You shall make payment according to terms and conditions in clause 12. In this regard, you acknowledge and agree that the Products shall be delivered to you upon completion of payment.
d) The Price of Products shown in the Site will be in local currency.
e) If You fail to make timely payment, You agree that P2W may, in addition to all other rights and remedies provided to P2W TOPUP hereunder or at law, terminate or suspend the affected Products.
6. Refunds
All transactions made in accordance with these Terms and Conditions are final. Products distributed through P2W TOPUP shall have a strict no-refund policy. Please be sure the Products are right for you before purchasing. End Users are solely responsible for confirming that their devices are compatible with the Products they purchase. All virtual item purchases are final, non-refundable and non-returnable. We do not offer refunds or exchanges for the incorrect purchase of Products caused by End Users' own conduct, including due to compatibility issues.
7. Promotion and Discounts
7.1 There may be promotional discount coupons and discount codes ("Discounts") distributed to the End User on P2W TOPUP. These Discounts are valid only on the P2W TOPUP and cannot be transferable or exchangeable for cash.
7.2 P2W TOPUP reserves the right, without prior notice, to change these terms or cancel any promotions at any time and to take necessary actions including but not limited to withdrawing subsidies or cashback, canceling promotion, revoking promotion, canceling transactions, holding funds, closing accounts, and other things if there is found manipulation, violation or utilization of the Discounts for the personal benefit of the End User, as well as an indication of fraud or violation to P2W TOPUP Terms and Conditions and legal provisions that apply in Thailand.
7.3 Additional terms and conditions may be specified in relation to specific Discounts (for example, duration, discount amount, payment method and products covered), and will govern the use and redemption of those Discounts in addition to these terms.
7.4 In the event where the Order is canceled or refunded after the Discounts have been redeemed, the End User will receive a refund only of the amount actually paid. Discounts used cannot be refunded, returned or redeemed anymore.
7.5 We reserve the right to cancel any Discounts awarded to an End User or Orders placed in connection with any Discounts that were obtained under or as a result of the promotional program at its sole discretion and without prior notice including the case that where we determine in its sole and absolute discretion that such End User has breached any terms including but not limited to the Terms of Use, Privacy Policy and/or the Terms & Conditions of Sale.
7.6 Unless otherwise stated, Discounts are not valid in conjunction with other tactical promotions or discounts, with the exception of pre-discounted products on P2W TOPUP.
8. Hyperlinks and Advertising
8.1 For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
8.2 We may attach banners, java applets and/or such other materials to the Site for the purposes of advertising our or our Seller's Products. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
9. Service Level Agreement
While using Products bought from P2W TOPUP, if the End User faces any difficulties, the End User shall raise the questions and request directly to the Seller. Under no circumstances P2W TOPUP will be responsible for violation of any specific service level agreement between the End User and the Seller.
10. Payment
In order to provide a more varied payment method, P2W TOPUP collaborates with other parties to make it easier for users to choose the payment method that suits their needs. The payment and collection service is performed by third-party payment and collection service provider(s).
11. Taxes
All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying any governmental taxes imposed on Your use of P2W TOPUP, including, but not limited to, sales, use or value-added taxes, and all other similar charges (collectively, "Taxes").
12. Warranty Disclaimer
To the extent permitted by law, the Site and all services provided by P2W TOPUP are provided to you "as is" and "as available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties and conditions of merchantability, or non-infringement.
P2W TOPUP makes no other representations, promises, warranties or understandings of any kind relating to the Site, services, including third party services, or content under this agreement. P2W TOPUP shall not be liable to you, your customers or any third party for any claim or liability arising from or relating to your use of the intellectual property, the services, including third party services, the Site, or from the manufacture, use, importation or sale of the services, or for any claim for loss of profits, loss or interruption of business, or for indirect, special, exemplary, punitive, or consequential damages of any kind.
13. Indemnity
You agree to indemnify and hold P2W and its affiliates, officers, agents, and employees, agents and its third party suppliers, licensors and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, rising out of Your use or misuse of the P2W TOPUP or any Products, Your violation of these Terms, or any breach of your representations, warranties, and covenants.
14. Limitation of Liability
14.1 P2W TOPUP does not guarantee that (i) P2W TOPUP Services will always meet user needs or will always be accessible; (ii) P2W TOPUP Services will not be disturbed, timely, safe and free from any errors; (iii) The results obtained will always be accurate or reliable; (iv) the quality of each product, service, information or other material purchased or obtained through P2W TOPUP Services will always meet user expectations.
14.2 End User is responsible for and bears all risks to the content, language and applications that are consciously submitted so that they are available and displayed for P2W TOPUP Services. In the event of a personal violation by an End Users such as but not limited to IPR infringement, system manipulation, account misuse or other End User's negligence, End User is personally responsible for the violation and shall exclude P2W TOPUP from claims arising from third parties.
14.3 In order to provide a more varied payment method, P2W TOPUP collaborates with other parties to make it easier for End Users to choose the payment method that suits their needs. Therefore in the event that there is a discrepancy and/or error in the payment method provided by the payment partner, both in the system and its usage, the End Users can directly file a complaint with the payment partner and hereby release the P2W TOPUP from the responsibility to provide compensation for losses incurred due to the error of the payment partner.
15. Term and Termination
a) Effect of termination of Service: Upon expiration or other termination of the Service(s) for any reason as permitted in this Terms and Conditions, You must stop using, and P2W TOPUP will stop providing, the terminated Service(s). In the event of such termination, P2W TOPUP will not refund any prepaid fees for Products purchased and You will be responsible for payment. P2W TOPUP may terminate this Service and any Service subscription at any time for any reason, or no reason, without providing any advance notice to You.
b) Survival: Upon termination of Service(s) for any reason, You agree that You will immediately pay all amounts owed to P2W TOPUP. Any provision required by its construction or required for rights and obligations enforcement, shall survive termination, including, but not limited to, the payment provision, the indemnity provisions, limitations of liability and the survival terms and this Section 17 (Term and Termination).
16. Enforceability
In the event that any provision of these Terms and Conditions are unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Terms and Conditions unenforceable or invalid as a whole. P2W will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
17. Personal Data Collection
End User hereby provides consent to P2W TOPUP for the collection of personal subject to the Attachment A: Terms for Collect, Use and Disclose of Personal Data.
Attachment A: Terms for Collect, Use and Disclose of Personal Data
End User hereby agrees and accepts to the collection, usage and disclosure of Personal Data in which P2W shall collect, store, use of End User's Personal Data for the purpose of Service in which the End User has accessed and in accordance with the law as follows:
1. "Personal Data" means End User's full name, address, financial information, transaction information, health information, biological information (e.g. fingerprint, face recognition and etc.) disabilities and/or other information, which is appropriate for providing service, related to the identifiable of End User whether can be identified directly or indirectly in which End User has provided to P2W or P2W has received or accessed from other sources.
2. P2W shall collect, store, use of End User's Personal Data for the purpose or activity which End User may be interested in relating to telecommunication service, broadcasting service, payment service or other services, digital service, marketing research and survey, promotional activities, providing privilege based on End User's preferences or data analysis in order to offer goods or services of P2W and/or a person who is a distributor, agent, or the person who related thereof, and/or other person, or legal obligations or regulation to which P2W is subject whether present or in the future, including permission P2W to send, transfer and/or disclose personal data to the recipient that is a company within P2W's business group, business alliance, organization or juristic person who has a contract or a legal relationship with P2W by allowing P2W to send, transfer and/or disclose such information through domestically and internationally. P2W shall retain End Users' Personal Data, if necessary and only for the above-mentioned purposes, where the recipient is also obligated by law to retain Personal Data as well. If there is a later update in the purpose of collecting Personal Data, P2W will inform the End User.
3. The End User has the right to withdraw End Users' Personal Data at any time, unless such withdrawal affects the Services or is beyond P2W's control.
4. Terms for the collection, usage and disclosure of Personal Data shall be effective for a period specified by law.
5. End User's right to withdraw, access or request for copy of Personal Data, objection to the collection, usage or disclosure, rights to data portability, rights to erasure, rights to suspend the use of Personal Data shall be in accordance with our privacy policy, and others as specified by law.
6. End User hereby acknowledges that he/she can contact P2W via electronic mail at [email protected]