1.1 Thank you for using STARWAY DIGITAL TECHNOLOGY LIMITED’s ("WISHGM", "we", "us", or "our") products and services. These Terms of Use (including any additional terms and collectively referred to as "Terms") reflect the way our business works, and defines our relationship with you as you interact with our products and services. WISHGM operates a marketplace, which provide game top-up services for users. When you are using or accessing WISHGM, please note that the Marketplace Terms set forth in Addendum 1 will apply.
1.2 Our Services. These Terms apply to the interactive services provided to you through the websites operated by us, and any related services (together referred to as our "Services"). In addition, when using our Services, you may be subject to any community guidelines or rules applicable to such Services which may be posted from time to time.
1.3 Age Requirement. Access to certain Services or features of our Services may be subject to age restrictions and may not be available to all users of the Services. If you are a "Minor" who is under the age of 18 (or the applicable age of majority where you live), then you must have your parent or guardian's permission to use certain restricted features within the Services. If you are the parent or guardian of a Minor, and you allow your Minor to use one or more restricted features within the Services, then these Terms apply to you and you are responsible for your Minor's activities on the Services.
1.4 Privacy Policy. Your access and use of the Services is subject to our Privacy Policy, incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.
1.5 BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
1.6 We may update these Terms from time to time, and we will use commercially reasonable efforts to notify you of any material changes to these Terms. You understand that you are fully responsible for checking if there are any updates to the Terms. You may refer to the "Last Updated" date at the top left corner of these Terms, which reflects the effective date on which the revised Terms come into effect. If you do not agree to the changes or revisions made to the Terms, you must stop accessing or using the Services immediately. Your continued access and use of the Services after the revisions come into effect will constitute your acceptance of the changes.
2.1 You will make necessary efforts to protect your account information and keep it confidential. You may not share, sell or transfer your account as well as any of your rights or obligations under these Terms to anyone else or share your account information with others without our prior consent. You shall not collect or harvest any personal data of any user of the Services, including account names.
2.2 If you create a WISHGM Account ("Account"), which allows you to access our (and our Affiliates' and partners’) website and applications, then we may collect and process data associated with the Account as it's used on these websites and applications. Such data shall be processed in accordance with our Privacy Policy. If you access or log into the Services using your gaming or social media account (e.g., Apple, Discord, Facebook, Google, LINE, or Twitter, collectively "Third-Party Account"), then you should review and comply with the terms of use of the applicable Third-Party Account provider, as their terms of use apply in relation to your use of the Third-Party Account. You may be required to sign in through or bind your Third-Party Account to access certain Services. Your personal information may be collected and processed by a third-party provider when you use and access the third-party website or application. Any access or use of third-party websites and applications or the Third-Party Account is at your discretion. We have no control over these platforms and are not responsible for the third-party provider's performance or failure to perform in any respect, to the extent permitted by applicable law.
3.1 License. Subject to your compliance with these Terms and applicable law, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited license to install, access, and use the Services that we make available to you. The license is granted for the sole and exclusive purpose of enabling you to use the Services for your internal and personal purposes. The right of use shall mean the right to represent and implement the Services in accordance with its intended purpose, in SaaS mode via a connection to an electronic communications network or the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services.
3.2 Restrictions.
(a) Unless permitted in these Terms, you must not: (1) replicate, host or stream the Services; (2) allow third parties not acting on your behalf to access the Services; (3) circumvent technological measures intended to control access to the Services; (4) develop, distribute, or use with the Services, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services; or (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or your rights in the Services.
(b) Unless permitted in these Terms, you must not: (1) host or stream the Services or Software; (2) allow third parties not acting on your behalf to access the Services or Software; (3) circumvent technological measures intended to control access to the Software; (4) develop, distribute, or use with the Software, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services or Software; or (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or Software or your rights in the Services or Software.
(c) As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you in connection with the Services.
4.1 Comply with Applicable Law. You must follow the law, regulation, decrees, orders, injunctions or other mandatory governmental limitations applicable to where you are located when using our Services. If any applicable law restricts or forbids you from using our Services, then you must follow such restrictions or stop using our Services.
4.2 Your Interaction with Other Users. You are responsible for your interactions with other users in the Services. We may monitor interactions between users of our Services, but we are not obligated to do so. We cannot be held liable for your interactions with our users, or for any user's actions or inactions. You release the WISHGM Entities (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with another user. In entering into this release, you expressly and, to the extent possible under applicable law, waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
4.3 User Conduct. By using our Services, you agree that you will not:
(a) create, use, offer, promote, advertise, make available, or distribute Cheats. “Cheats” means methods not expressly authorized by us (including exploitation of in-game bugs, whether accomplished using hardware or software) that influence or facilitate gameplay in a way that gives you or another player an advantage over other players not using such methods. Cheats include automation software that allows automated control of a feature of the game or the Service (bots), such as bots that automated control of a character in a game. Cheats also include, without limitation, hacks (unauthorized access or modification of the Software or Services), mods, or any other unauthorized third-party software purporting to modify, tamper with, scrape information from, copy, or reverse engineer any part of the Services or connect to the Services, such as to simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone, etc.);
(b) use our Services for commercial purposes (unless otherwise specified in the Services) or for any purpose that a reasonable person is unlikely to believe is within the spirit of fair play, including but not limited to, attacking or killing teammates without cause, intentionally lowering scores, deliberately quitting matches, etc.;
(c) collect any information, other than reasonably necessary for using our Services, of other users;
(d) unless expressly permitted, transfer Virtual Points or Virtual Goods (defined below) in any way once you purchase it, including but not limited to attempting to trade the Virtual Points or Virtual Goods within our Services with real money/real items via any third-party platforms, or attempting to provide mediation, intermediary, or agency service for such trade in or outside our Services (collectively, "Real Money Trading", or "RMT"), including, but not limited to spamming, spreading RMT advertisements within or outside our Services, and conducting RMT via any in-game functions;
(e) attempt to gain undue advantage or benefits, such as unauthorized use of another person's credit card to purchase Virtual Points or Virtual Goods, repeatedly canceling purchase orders after earning free Virtual Points or Virtual Goods or after consuming Virtual Points or Virtual Goods, etc.
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review;
(g) attempt to disable, impair, or destroy the Services;
(h) use our Services in any other way not permitted by these Terms or any applicable community guidelines or rules or in violation of applicable law.
5.1 "Virtual Points" means the virtual currencies such as virtual gold coins, crystal and energy points available in the Services. "Virtual Goods" means the items or features for use within our Services, which may include without limitation, in-game consumables, card packs, chests and other items that are depleted during gameplay.
5.2 Please note that the Services are not being ‘sold’ to you; you have no ownership, title or other proprietary interests in and to the Services regardless of whether access was ‘earned’ through gameplay or ‘purchased’ for monetary consideration. When you procure, earn or otherwise obtain Virtual Points or Virtual Goods, you receive a personal, revocable, non-assignable, non-sublicensable, non-transferrable, non-exclusive, limited license to use the Virtual Points or Virtual Goods solely within the applicable Services for your personal and non-commercial use, unless expressly permitted elsewhere in these Terms. The license may be limited by or subject to third-party rights, for example, the license may be dependent upon WISHGM continuing to have rights to content created and owned by a third party. Additionally, the license terminates when we cease to provide the Services, when your account is closed, or when your purchase order is canceled. Virtual Points and Virtual Goods have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration, except we may operate a marketplace that permits you to buy, sell or trade Virtual Goods to or from other users.
5.3 We may establish certain conditions or limits in connection with the Virtual Points, including a maximum amount you may spend to purchase Virtual Points per transaction or per day, a maximum balance that may be credited to your account and limit certain Virtual Points to a single game offered by us. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
5.4 To the extent that your use of the Services involves Virtual Points and unless otherwise specified in the Services, the system will first debit from the balance of the Virtual Points that you have paid for ("Top-up Balance") when you make purchases in the Services, and then debit from the balance of the Virtual Points that you earn for free if the Top-up Balance is insufficient. Your purchase will fail if both payment methods are unavailable.
Because we are constantly improving the Services, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification or unavailability of the content of the Services, including Virtual Goods (e.g., we might modify certain features of Virtual Goods for regulatory or legal reasons or to improve game experience). We are not liable for any losses incurred by you due to such updates. If the update materially affects your use of the Services, then we will make reasonable efforts to inform you of such updates in advance, or if there are unavoidable circumstances, notify you promptly after the fact.
7.1 Disclaimer.
(a) The Services are provided "AS-IS". To the maximum extent permitted by law, WISHGM, its parents, subsidiaries, Affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively the "WISHGM Entities") disclaim all representations, conditions, and warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The WISHGM Entities make no commitments about the availability, quality or consistency of the Services.
(b) To the maximum extent permitted by law, the WISHGM Entities further disclaim any warranty that (1) the Services will be constantly available, uninterrupted, timely, secure, or error-free; (2) the Services, and the information related to the Services will be complete, accurate, or reliable; (3) the quality of the Services will meet your subjective expectations; (4) any errors or defects in the Services and Software will be corrected; (5) the Services can be accessed and used on any particular device or with any particular service plan; or (6) the Services is or will be available in any particular geographic location.
(c) To the maximum effect permitted by law, we are not responsible or liable for (1) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; or (2) the operation, compatibility, or interoperability with any other application or any particular system or device.
7.2 Limitation of Liability.
(a) The WISHGM Entities are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: (1) the use of or the inability to use our Services, (2) the cost of procurement of substitute goods and services, (3) goods, services, data, or information purchased or received through the Services, or (4) unauthorized access or alteration of your data.
(b) The WISHGM Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) total amount you paid for access to the Services during the six-month period preceding the event giving rise to the liability or (2) One Hundred U.S. Dollars.
(c) These limitations and exclusions in this section apply to the maximum extent permitted by law.
(d) To the extent permitted by the applicable law, your sole and exclusive remedy in connection with our breach, termination or cancellation of these Terms or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner WISHGM's or any WISHGM Entities' distribution, exhibition, exploitation, advertising, publicity or promotion or any other means of exploitation of the Services or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the WISHGM Entities as well as your exclusive remedy with respect to access and use of the Services.
8.1 In case we reasonably find that you have breached these Terms or we reasonably detect suspicious activity on your account, we may take such actions as we deem appropriate to the extent permitted by applicable law, including but not limited to: (i) removing any involved Content; (ii) restoring your gameplay data to the status before your breach; (iii) restricting your access to the whole or the part of the Services or your account; (iv) terminating your right to use our Services; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) any other actions set forth in any applicable community guidelines and rules.
8.2 You understand that you are personally and fully responsible for your behavior while accessing/using our Services and agree to the maximum extent permitted by law, to defend (at our request), indemnify, and hold harmless WISHGM Entities from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in these Terms, including but not limited to any breach of these Terms and your violation of any rights of any third party. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
9.1 "WISHGM" and all other URLs, logos, trademarks, the logos and names associated with the Services and intellectual property related to the marketplace are either trademarks or registered trademarks of us or our licensors. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. Users shall not copy, imitate or use them without our prior written consent. You are granted no right or license with respect to any of the trademarks, service marks or logos, as well as other intellectual property rights (including but not limited to design, copyright, patent) associated to and/or underlying the Services ("Intellectual Property"). In addition, Users shall not copy, modify or amend any of the intellectual property related to the WISHGM marketplace. All rights, titles and interests in and to WISHGM marketplace, and the technology and content derived from any of the foregoing are the exclusive property of us and/or our licensors.
9.2 We retain all right, title, and ownership (including the Intellectual Property) in the Services and all associated data and content (including without limitation any Virtual Goods and Virtual Points and collectively referred to as "Work"). The Work is protected by international intellectual property law.
9.3 Notice of Infringement – DMCA Policy
(a) If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
(1) identification of the copyrighted work that is claimed to be infringed;
(2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
(3) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
(5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner;
(6) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
(b) Notices of copyright infringement claims should be sent by mail to the Affiliate address corresponding to the publisher of the Services. All email correspondence should be sent to legal@wishgm.com.
It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
(c) A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
10.1 Payment. The Services may permit you to purchase certain other products or services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. To the extent permitted by applicable law, when you purchase Offerings, you (a) agree to pay the non-refundable and non-cancellable price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility. You acknowledge and understand that except where we are the issuer of the payment method(s) that you select, we are not a party to your payment method's agreements, privacy policy and other terms of use. Nothing in these Terms modifies any such payment method issuer terms. In the event of any inconsistency between these Terms and your payment method issuer's terms, these Terms will govern your relationship with us, and your payment method issuer's terms will govern your relationship with the payment method issuer. We do not exercise control over the availability or accuracy of payment methods (this will depend on your payment method issuer and may change any time), and we take no responsibility and assume no liability for any loss or damages to you arising from the incorrect or incomplete payment information entered by you in connection with the payment for the Offerings purchased. We reserve the right to check and verify if you are duly authorised to use certain payment methods, and if, in our sole and absolute discretion, determine that there is need to conduct checks and verifications, we may suspend or cancel your transaction.
10.2 Refund Policy.
UNLESS OTHERWISE PROVIDED HEREIN OR BY APPLICABLE LAWS, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL AND NON-REFUNDABLE AND THERE ARE NO REFUNDS AVAILABLE FOR ANY OFFERINGS.
(a) We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you conduct on our marketplace.
(b) All your orders are final at WISHGM and there will be no refunds except where you did not receive your order despite having duly made full payment for the order. Only where the Virtual Goods or services covered by the order has not been delivered or partially delivered, refund may be processed.
(c) For the avoidance of doubt, refunds are not extended in the following situations:
(i) Buyers have verified and confirmed the receipt of the order;
(ii) transactions are made outside of the WISHGM marketplace;
(iii) Buyer is dissatisfied with the Virtual Goods or services delivered in accordance with his order, Buyer remorse, Buyer mistakenly purchased Virtual Goods and/or Buyer's device does not meet the minimum product requirements;
(d) no refunds are offered for wrong or mistaken purchases in direct top-ups. Buyers are responsible for reading the product description thoroughly and confirm that the game name, server, account name and the amount purchased are accurate before proceeding to the final checkout. We assume no liability for wrong or mistaken orders made by you due to negligence and/or false or wrong information provided;
(e) where there are fraudulent claims. We reserve the right to pursue legal actions and permanently suspend a Buyer's account for filing fraudulent claims.
(f) As a Buyer, you understand and acknowledge the foregoing exclusions when you purchase any products from WISHGM.
(g) Depending on the type of payment method the Buyer uses, a refund may typically take up to 14 days to process.
10.3 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
10.4 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) are not valid for cash or other credits or points; (g) may expire prior to your use; and (h) may be withdrawn, revoked or amended in our sole discretion.
11.1 Governing Law.
(a) If you reside in the EEA, Switzerland, or the UK, then the laws of England and Wales will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate a proceeding according to mandatory laws of your country of residence.
(b) If you reside in North America, then these Terms shall be governed by California law, without regard to principles of conflict of laws. For any Dispute (defined below) deemed not subject to binding individual arbitration, you and we agree to submit to the exclusive jurisdiction of Orange County, California, or, if federal court jurisdiction exists, the United States District Court for the Central District of California. You and we agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible).
(c) If you reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Hong Kong will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate a proceeding according to mandatory laws of your country of residence
(d) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 Informal Dispute Resolution. We are committed to customer satisfaction and we aim to resolve all your concerns amicably and efficiently. As a first step we always encourage you to contact our customer support team (available either in-game, in-app or on the game’s official website) as this is usually the quickest and most efficient way to resolve potential problems. If the problem persists, you and we agree to give each other an opportunity to resolve any disagreements first through the following informal dispute resolution process before resorting to more formal means of resolution ("Informal Dispute Resolution"). To initiate Informal Dispute Resolution, a party must give notice in writing to the other party according to this Section ("Notice"). Notice to us must be sent to legal@wishgm.com. The Notice must (i) include your full name, address, in-game username or account ID), and contact email address; (ii) explain what the disagreement is about; and (iii) explain what you want as a solution. If we have a disagreement with you, we will send a Notice and a description of the disagreement to your email address or regular address associated with your Account. It is your responsibility to keep your Account contact information up to date. Both you and we will endeavor to resolve the disagreement for a period of sixty (60) days after we receive the Notice, and during this period you agree that (i) neither party will submit the disagreement to arbitration or "small claims" or another court and (ii) all applicable statute of limitations and filing fee deadlines shall be tolled as of the day a compliant Notice was received by a party. You and we agree that either party has the option to ask the other to meet and confer telephonically for an informal dispute resolution conference ("Conference"). The Conference shall be individualized such that a separate Conference must be held for each user, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple users cannot participate in the same Conference unless all parties agree. If you are represented by counsel, your counsel may participate in the Conference, but you must also personally participate.
If the Dispute is not resolved within the sixty (60)-day period by Informal Dispute Resolution, you or we may start an arbitration or file in the appropriate court in accordance with these Terms.
11.3 ARBITRATION AGREEMENT
(a) The terms in Sections 11.3 through to 11.13 are collectively referred to as the "Arbitration Agreement" and will be applied to the extent permitted by applicable law.
(b) Applicability of the Arbitration Agreement. Any dispute, controversy, or claim arising out of or related to these Terms or Services, or any aspect of your relationship with us that cannot be resolved through Informal Dispute Resolution ("Dispute"), shall, to the fullest extent permitted by applicable law, be resolved exclusively by final, binding arbitration. This Arbitration Agreement will survive the termination of your relationship with us. For purposes of this Arbitration Agreement, Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
(c) Confidentiality. You must keep the existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award confidential and you must not share with anyone except your attorney or other professional advisors, and then subject to the condition that they keep all materials and documents exchanged during the arbitration proceedings confidential. If an arbitrator orders any exchange of information during arbitral proceedings, you will seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration, before any such information becomes the subject of discovery in the arbitration.
(d) Arbitration Rules. The arbitration will be conducted in the English language before a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and we otherwise agree, an in-person hearing will be held in the county where you reside (for U.S. residents), Irvine, CA (for non-U.S. residents), or as determined by the arbitrator (in the case of Batch Arbitration). A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). A Request to us should be sent by email to legal@wishgm.com. A Request to you will be sent to your email address or regular address associated with your Account. It is your responsibility to keep your Account contact information up to date. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
11.4 Additional Terms - North America. If you reside in North America, then the following terms shall apply:
(a) FAA. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.
(b) Rules and Forum. The arbitration shall be administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect when the arbitration is commenced, as modified by these Terms. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules") will apply if twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"). The arbitrator’s decision is final, except for a limited review by courts under the FAA, and can be enforced like any other court order or judgment. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. The parties’ responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules. The parties further agree that any Dispute must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, the parties agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
(c) Batch Arbitration. You agree that if there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (i) administer the arbitration demands in batches of 100 claims per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are less than 100 claims left over after the batching described above, a final batch consisting of the remaining arbitrations); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). Applicable statutes of limitations will be tolled for claims asserted in a Batch Arbitration from the time a compliant Notice has been received by a party until the Mass Filing is filed in NAM or in court. To the extent the parties disagree on any issue arising out of or relating to the Batch Arbitration, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Procedural Arbitrator"). The Procedural Arbitrator’s fees shall be paid by us. This provision shall in no way be interpreted as authorizing a class, collective, or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. All parties agree that arbitrations are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief.
(d) Arbitrator. The arbitrator will be a neutral party (not a judge or jury) who is either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators, provided that if the Batch Arbitration process under subsection 11.4(c) is triggered, NAM will appoint the arbitrator for each batch. The arbitrator shall have exclusive authority to resolve any Dispute and aspect thereof, except that all Disputes arising out of or relating to class action waiver including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator, and any arbitration shall be stayed pending a decision by the court in such a matter.
11.5 Additional Terms - EEA, Switzerland, or the UK: We encourage you to refer to the Informal Dispute Resolution process (see Section 11.2). If you reside in the EEA or are making a claim against one of our entities based in the EEA, then you are also entitled to submit your complaint to the European Commission’s Online Dispute Resolution ("ODR Platform"). ODR Platform allows EEA consumers to resolve disputes related to the online purchases of goods and services without going to court. Any Disputes between us not resolved by the Informal Dispute Resolution Process described above or through the ODR Platform, will be decided in the courts of London, England, except to the extent prohibited by law. If you are an individual consumer, then you may be entitled to invoke the mandatory consumer protection laws where you live, or bring legal proceedings in the courts where you live. If we need to enforce our rights against you as an individual consumer in the EEA, then we will do so in your country of residence.
11.6 Additional Terms - Rest of World. If you reside outside North America, the EEA, Switzerland, or the UK, then you agree that all Disputes shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the HKIAC ("HKIAC Rules") at the time being in force, 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 one arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be English. You further agree that following the commencement of HKIAC arbitration, you will attempt in good faith to resolve the Dispute with us through mediation at the Hong Kong International Mediation Centre ("HKIAC"), in accordance with the HKIAC-HKIMC Arb-Med-Arb Protocol at the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by HKIAC and may be made a consent award on agreed terms. The parties’ responsibility to pay any HKIAC fees and costs will be solely as set forth in the applicable HKIAC Rules.
11.7 Arbitration Award. The arbitrator’s award will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
11.8 Costs of Arbitration. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (for North America, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
11.9 Waiver of Class Actions and Class Arbitrations
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Mass Filings), you and we agree to only bring disputes in an individual capacity and shall not (a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, or (b) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms and all other actions or arbitrations. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 11.4(c) entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated in subsection 11.1(b) above. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
11.10 Jury Trial Waiver
To the maximum extent permitted by applicable law, you and we agree to waive right to a jury trial. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
11.11 Opt-Out
You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address: legal@wishgm.com, within 30 days after first agreeing or becoming subject to this Arbitration Agreement. Your notice must include your name and address, your in-game username or account ID, your contact email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
11.12 Modification.
We retain the right to modify this Arbitration Agreement in the future. Changes will be posted here, and you should regularly check for the most recent version. If we make any future, material change to this Arbitration Agreement, we will notify you through the contact information in your Account at least 30 days before such change becomes effective. Unless you opt out within thirty (30) days of such change becoming effective by informing us at the following email address: legal@wishgm.com, your continued use of the Services after the effective date of any changes to this Arbitration Agreement constitutes your acceptance of any such change. Changes to this Arbitration Agreement do not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (modified by any subsequent changes to these Terms you accepted) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
11.13 Exceptions.
Notwithstanding anything in these Terms to the contrary, you and we agree that each party may: (a) bring a qualifying claim over a Dispute in a small claims court or tribunal, or (b) seek equitable relief in court for infringement or other misuse of intellectual property. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
12.1 English Version. The English version of these Terms will be the version used when interpreting or construing these Terms.
12.2 Non-Assignment. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under these Terms to a third party without your consent.
12.3 Entire Agreement. These Terms set forth the entire agreement between you and us, and supersede and replace any and every other prior or contemporaneous agreement or understanding that may have existed between you and us.
12.4 Severability. If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of these Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
12.5 No Waiver. Our failure to enforce or exercise any provision of these Terms is not a waiver of that provision.
12.6 Contact Us. If you have any further questions about these Terms, please contact us via the in-game customer services or on the official websites of our Services.
13.1 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, then you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.2 EEA Residents. Please remember that the European Commission provides a platform, facilitating the out-of-court settlement of online disputes between consumers and professionals that is available here: https://ec.europa.eu/consumers/odr/.
1.1 This Addendum ("Marketplace Terms") are incorporated into the Terms of Use. Unless otherwise expressly provided, any terms that are used in these Marketplace Terms shall have the meanings given to such terms in the Terms of Use.
1.2 These Marketplace Terms consist of sections which apply to sellers and buyers on WISHGM respectively. Your use of the Services shall be deemed irrevocable acceptance of these Marketplace Terms, which apply in addition to the Terms of Use. In the event of any inconsistency between these Marketplace Terms and the Terms of Use, these Marketplace Terms will prevail.
2.1 In these Marketplace Terms, the following words will have the following meanings assigned to them, except where inconsistent with the context:
"Buyer" means a buyer who intends to purchase or purchases Virtual Goods or other items on the Marketplace;
"Seller" means a seller, distributor or merchant who lists Virtual Goods or other items, or provide services on the Marketplace;
"Transaction" means any transaction between a Buyer and a Seller involving the sale and purchase of Virtual Goods or any other items made available on the Marketplace;
"User" means a Buyer or a Seller.
3.1 To list Virtual Goods for sale and to provide services on WISHGM, a User has to register itself as a Seller. Once registered, a Seller can start listing Virtual Goods and services but the products and pricing will be first reviewed by WISHGM. WISHGM reserves the right to decide which Seller gets to sell its products and services to Buyers.
3.2 To purchase the Virtual Goods and services on WISHGM, a User has to first register a WISHGM account, and subsequently sign in using his email address or social media account (which may include Line, Twitter Facebook, Apple, TikTok, VK or Discord), and must bind his game account. In doing so, you authorize us to access and use certain game user account information, including but not limited to your public game profile and the list of your virtual items. You also authorize the Sellers to recharge your game account and credit the purchased Virtual Goods.
3.3 Users may link multiple social media accounts to their WISHGM account. Once you have linked your social media account(s), you may log into WISHGM using any of the linked social media accounts. However, you understand that the linking of social media accounts to your WISHGM account is an irreversible process, and you will not be able to unlink your social media accounts in the future. You may also link your email address to your WISHGM account. Currently, WISHGM similarly does not support the changing of a linked email, and every email can only be linked to one WISHGM account.
3.4 Fees. For direct recharge services, there is no additional fee except for payment processing fees. The recharge amount will be determined based on factors including without limitation, the price set by the game publisher, the selling price set by the Seller (which shall be selected based on additional factors such as shipping success rate and user satisfaction). Please refer to the recharge page for the actual amount and complete the payment.
3.5 Direct recharge time and records. Once a Buyer successfully makes payment for direct recharge, the direct recharge will be carried out and be credited to your account within ten minutes. During peak periods or special events, there may be delays or non-delivery, but it is expected to be credited or refunded automatically (if the credit is unsuccessful) within 24 hours. If your order is placed successfully, you may log into your game account to check the corresponding increase in assets. The game may also send reminders through pop-ups or in-game emails to notify you of the recharge. If the direct recharge service is not credited to your game account (that is linked to your WISHGM account), you may provide the relevant proof of successful payment and non-delivery to our customer service. If we verify that the recharge was not credited to your game account, a refund will be processed.
3.6 Direct recharge information. Buyers understand that they are fully responsible for providing complete and accurate information for the purposes of direct recharge. Neither WISHGM nor the Sellers are responsible for errors caused by the Buyer's negligence or fault in providing false, incorrect or incomplete information (for whatever reason), that may affect the direct recharge. Unless expressly provided otherwise, orders that are placed and completed cannot be cancelled or refunded. If the game ID is entered incorrectly and causes the recharge to fail, the order will be automatically refunded after confirming the error in the information provided.
3.7 Payment methods. As a Buyer, you may perform a top-up on WISHGM using a credit card. Top-up channel operators may charge a certain admin fee for each transaction, and the specific charges will show when you enter an amount on the top-up page. The value topped up can only be used to purchase Virtual Goods or direct recharge services on WISHGM, and cannot be withdrawn.
3.8 Owing to regulatory reasons, there is a limit on the number of top-ups you can perform each day, each week and each month. You can top up value of a maximum of USD 5,000 (or its equivalent in foreign currency) each time, and are only allowed to top up ten times a day, and up to a maximum of 50 times a month. Please note however that the maximum cap mentioned above may vary depending on the payment service provider that You select. Each WISHGM account can only add up to five different bank cards, and the cardholder name on all the five bank cards must be the same. Buyers are fully responsible for providing complete and accurate information for the purposes of top up, including personal information (such as name, country / region, address etc.), as well as the card number and card verification code.
3.9 If you do not have a credit card, you may still perform top up using other payment methods, including e-wallet payments, bank transfers, convenience store payments, and other payment methods. We may update our available payment methods from time to time, and you are encourage to check the available payment methods on your "My Wallet" page. For payments at convenience stores, WISHGM presently supports payment at convenience stores such as Family Mart and Rosen (the list of convenience stores supported may be updated from time to time). Once you enter your top-up information, you can make payment at the corresponding convenience store offline. You understand that launching a recharge does not mean that you have entered the purchase process, at present, the recharge funds are only charged to your personal balance, after the successful recharge, you need to launch a new purchase. In this process, you understand your favourite props must be purchased by others. For international payments, you understand that it usually takes about three hours for the top-up to arrive after payment at the convenience store.
3.10 Top-up fee. Banks will charge a certain amount of admin fees for each transaction. The exact amount of admin fees charged may differ depending on the payment service provider and/or bank. Please visit the top-up page to check the amount of admin fees applicable to your transaction.
3.11 Top-up error. You may encounter errors when trying to top-up on WISHGM. This could be due to reasons such as (but not limited to) exceeding the single top-up limit, having insufficient balance in your bank account linked to WISHGM, you tried linking two or more different accounts to the same credit card etc.
3.12 KYC identity verification. We require Users to undergo know-your-customer ("KYC") verification (designed based on the requirements of the Payment Card Industry Data Security Standard (PCI) and the Financial Action Task Force (FATF) on Anti-Money Laundering). This is to protect your card security and prevent money laundering crimes through proxy recharges. To facilitate our KYC verification procedures, we are required to collect certain documents from you for verification purposes, such as ID card, health insurance card, driver's licence, student ID etc., in accordance with our privacy policy. You understand that if you do not pass our KYC verification, you may not be able to access our marketplace and purchase Virtual Goods or recharge services.
4.1 WISHGM offers an affiliate program ("Program"), where game content creators and social media influencers may join. Promoters of the Program can earn up to 10% profit on each generated sale, and you may refer to the latest adjustment on profits to be earned on the Affiliate Program website. Please refer to the website for other details related to the Program.
5.1 Sellers on WISHGM have to enter into an additional agreement with us, which details the obligations that a Seller has when listing Virtual Goods and providing services on WISHGM. Please refer to the additional agreement for the applicable representations and obligations.
5.2 In addition to the additional agreement, Seller represents and warrants that he is not receiving funds in connection with any illegal, fraudulent, deceptive or manipulative act or practice, and that he is not sending or receiving funds to or from an illegal source.
5.3 Seller shall cooperate with WISHGM at his own cost to investigate any suspicious, illegal, fraudulent or improper activity related to any transactions related to the Virtual Goods, items and services that it listed.
5.4 At any time upon request by WISHGM, Seller agrees to provide WISHGM with information that is required, including account details and information regarding to his transactions for the purposes of complying with applicable laws.
5.5 Seller represents and warrants that it is not an individual or entity that is owned or controlled by a person that is currently the subject of any sanctions administered or enforced by the U.S. Department of Treasury's Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty's Treasury (collectively, "Sanctions"), nor located, organized or resident in a country or territory that is currently the subject of Sanctions. Seller will not use WISHGM in any manner that will result in a violation of Sanctions by any person, including WISHGM and any of its affiliates, directors, officers, employees and agents. Seller has not knowingly engaged in, and is not now knowingly engaged in, and will not knowingly engaged in, any dealings or transactions with any person, or in any country or territory, that at the time of the dealing or transaction is or was the subject of the Sanctions. Seller agrees that it shall be in compliance with all applicable laws (including anti-corruption laws) and shall not take any action or omission that may or will result in a violation of such laws.
5.6 Seller represents and warrants that:
(a) the entry into these Marketplace Terms and the Terms of Use has been duly authorised and constitutes a valid and binding agreement between the Seller and us, and is enforceable against it in accordance with the terms thereof;
(b) all information furnished to us is true, accurate and not misleading;
(c) the entry, delivery and performance of these Marketplace Terms and the Terms of Use will not violate or conflict in any material aspect with any law, rule, regulation, code, ordinance, judgment, order, injunction or other requirement of any court or tribunal or of any governmental body or agency that is applicable to the Seller.
6.1 Buyer shall cooperate with WISHGM at his own cost to investigate any suspicious, illegal, fraudulent or improper activity related to any transactions related to the Virtual Goods and services that he purchased or intends to purchase.
6.2 At any time upon request by WISHGM, Buyer agrees to provide WISHGM with information that is required, including account details and information regarding to his transactions for the purposes of complying with applicable laws.
6.3 Buyer represents and warrants that he is not transmitting or sending funds in connection with any illegal, fraudulent, deceptive or manipulative act or practice, and that he is not transmitting or sending funds to or from an illegal source.
6.4 Buyer represents and warrants that it is not an individual or entity that is owned or controlled by a person that is currently the subject of any Sanctions, nor located, organized or resident in a country or territory that is currently the subject of Sanctions. Buyer will not use WISHGM in any manner that will result in a violation of Sanctions by any person, including WISHGM and any of its affiliates, directors, officers, employees and agents. Buyer has not knowingly engaged in, and is not now knowingly engaged in, and will not knowingly engaged in, any dealings or transactions with any person, or in any country or territory, that at the time of the dealing or transaction is or was the subject of the Sanctions. Buyer agrees that it shall be in compliance with all applicable laws (including anti-corruption laws) and shall not take any action or omission that may or will result in a violation of such laws.
6.5 Buyer represents and warrants that:
(a) the entry into these Marketplace Terms and the Terms of Use has been duly authorised and constitutes a valid and binding agreement between the Buyer and WISHGM, and is enforceable against it in accordance with the terms thereof;
(b) all information furnished to WISHGM is true, accurate and not misleading;
(c) the entry, delivery and performance of these Marketplace Terms and the Terms of Use will not violate or conflict in any material aspect with any law, rule, regulation, code, ordinance, judgment, order, injunction or other requirement of any court or tribunal or of any governmental body or agency that is applicable to the Buyer.