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Terms of Use & Sales


Updated at: 14 October 2019

1. Terms of Use

1.1. Definitions and interpretation
1.2. General use of Services and/or access of Platform
1.3. Use of Service
1.4. Traders with Playy.World accounts
1.5. Intellectual property
1.6. Refunds/Returns
1.7. Questions and complaints
1.8. Your submission and information
1.9. Termination
1.10. Notices
1.11. General

2. Terms & Conditions of Sale

2.1. Definition and interpretation
2.2. Purchase of Products
2.3. Delivery of Products
2.4. Prices of Products
2.5. Payment
2.6. Refunds/Returns
2.7. Questions and complaints
2.8. Termination
2.9. Risk and property of the Products
2.10. Limitation of liability
2.11. General

3. Copyright, Patents, Trademarks and Licenses

3.1. Risks and Liabilities
3.2. Limitation of Liability

4. Definitions and Interpretations

4.1. Definition
4.2. Interpretation

Welcome to the Playy.World online marketplace ("the Platform") and/or the Playy.World mobile application (collectively, "the Services" or "Playy.World"). Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

The Terms of Use provides you with information on the do’s and don’ts on the access and use of the Platform when you are purchasing Products on the Platform.

Access to and use of password protected and/or secured areas of the Platform and/or use of the Services are restricted to users with accounts ("Traders") only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.

If you are below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for:


i. Your actions;
ii. Any charges associated with your use of any of the Services or purchase of Products; and
iii. Your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and use the Services.

Definitions and interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 below will apply to these Terms of Use.

General use of Services and/or access of Platform

1.2.1 Guidelines to the use of Platform and/or Services

You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Platform, 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 Platform.

1.2.2 Restricted activities

You agree and undertake not to:

1.2.2.1. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
1.2.2.2. use the Platform or Services for illegal purposes;
1.2.2.3. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
1.2.2.4. post, promote or transmit through the Platform or Services any Prohibited Materials;
1.2.2.5. interfere with another’s utilisation and enjoyment of the Platform or Services;
1.2.2.6. use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Trader’s computer or mobile device or the Platform or Services; and
1.2.2.7. use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

1.2.3 Availability of Platform and Services

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 Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

1.2.4 Right, but not obligation, to monitor content

We reserve the right, but shall not be obliged to:

1.2.4.1. monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
1.2.4.2. prevent or restrict access of any Trader to the Platform and/or the Services;
1.2.4.3. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
1.2.4.4. to request any information and data from you in connection with your use of the Services and/or access of the Platform 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.

1.2.5 Privacy Policy

Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://www.playy.world/privacy

1.2.6 Terms & Conditions of Sale

Any trades (buy and/or sell) made through our services would be subject to the Terms & Conditions of Sale as set out at https://www.playy.world/legal

1.2.7 Additional terms

In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us, may be subject to additional Terms & Conditions, which will apply in full force and effect.

Use of Service

1.3.1 Application of this Clause

In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific Terms & Conditions governing your use of the Services.

1.3.2 Restrictions

Use of the Services is limited to authorised Traders that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Traders who have breached or are in breach of the terms and conditions contained herein and Traders who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

1.3.3 General terms of use

You agree:

1.3.3.1. to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
1.3.3.2. to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

Playy.World reserves the right to cancel or reject any use of these Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

1.3.4 Product description

While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.

1.3.5 Prices of Products

All listing prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

1.3.6 Third Party Vendors

You acknowledge that parties other than Playy.World (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Playy.World or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Trader shall be an agreement entered into directly and only between the Third Party Vendor and the Trader.

Traders with Playy.World accounts

1.4.1 Username/Password

Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:

1.4.1.1. determined and issued to you by us; or
1.4.1.2. provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.

1.4.2 Purported use/access

You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

1.4.2.1. access to the relevant Platform and/or use of the Services by you; or
1.4.2.2. information, data, or communications posted, transmitted, and validly issued by you.

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform referable to your Username and Password.

Intellectual property

1.5.1 Ownership

The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

1.5.2 Restricted use

No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

1.5.3 Trademarks

The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a "hot" link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

Refunds/Returns

1.6.1 Return and Refund Policy

All returns must be done in accordance with the instructions set out in the Playy.World Returns Policy.

Questions and complaints

1.7.1 Questions or Complaints

If you have any questions or complaints you may either contact the Seller directly via the Platform or contact Playy.World using the "Contact Us" page on the Platform, as applicable.

1.7.2 Disputed cannot be resolved

In the event that Trader is unable to resolve any dispute with the Seller directly through amicable negotiations, Playy.World reserves the right to suggest and implement an appropriate resolution at its sole discretion.

Your submission and information

1.8.1 Submission by you

You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.

1.8.2 Consent to receive emails

You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional emails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional emails by clicking on the appropriate hyperlink in any promotional email.

1.8.3 Privacy Policy

You acknowledge that you have read and agree to the Privacy Policy at https://www.playy.world/privacy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

Termination

1.9.1 Termination by us

In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

Notices

1.10.1 Notices from us

All notices or other communications given to you if:

1.10.1.1. communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
1.10.1.2. sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

1.10.2 Notices from you

You may only give notice to us in writing sent to our designated address or email address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

1.10.3 Other modes

Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to email, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

General

1.11.1 Cumulative Rights and Remedies

Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

1.11.2 No waiver

Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

1.11.3 Severability

If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.

1.11.4 Rights of Third Parties

A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

1.11.5 Governing law

Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

1.11.6 Arbitration

Except as provided for in Clause 11.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre ("SIAC"). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

1.11.7 Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

1.11.8 Amendments

We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of email), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

1.11.9 Correction of Errors

Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

1.11.10 Currency

Money references under these Terms of Use shall be in United States Dollars.

1.11.11 Language

In the event that these Terms of Use is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

1.11.12 Entire Agreement

These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

1.11.13 Binding and Conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

1.11.14 Sub-contracting and Delegation

We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

1.11.15 Assignment

You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

1.11.16 Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.



Terms & Conditions of Sale

Definition and interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

Purchase of Products

2.2.1 Your compliance

You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Playy.World (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Playy.World reserves 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 Platform.

2.2.2 Product description

While Trader endeavours to provide an accurate description of the Products, neither Playy.World nor Trader warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.2.3 Sellers

Products are sold by "Traders". Playy.World may be a "Trader" for selected Products. "Trader" may also refer to a party other than Playy.World (such party referred to in these Terms & Conditions of Sale for Playy.World as a "Third Party Vendor"). Whether a particular Product is listed for sale on the Platform by Playy.World or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Trade Contracts (more details below in Clause 2.6) which:

2.2.3.1. products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
2.2.3.2. products sold by Playy.World, shall be agreements entered into directly and only between Playy.World and you.

2.2.4 Placing your Order

Buyer may place an Order by completing the Order form on the Platform and clicking on the "Place my Order" button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.2.5 Orders are irrevocable and unconditional

All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without Buyer’s further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, Buyer may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.

2.2.6 Seller’s reservation of rights in respect of Orders and entering into a Trade Contract

All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Trade Contract”) shall constitute a separate contract. Buyer acknowledge that unless Buyer receive a notice from Seller accepting the Order, Seller shall not be party to any legally binding agreements or promises made between Seller and Buyer for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

Trader’s Acknowledgement

You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Trade Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Playy.World or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for Playy.World and Trade Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.

2.2.7 No representations

Without prejudice to the generality of the foregoing Clause 2.8:

2.2.8.1. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.2.8.2. Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller's opinion in that behalf;
2.2.8.3. Playy.World shall be under no liability for the following measures and actions taken by the or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Playy.World; and
2.2.8.4. Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective or negligent handling by the or third parties.

2.2.8 Intellectual Property

Unless the prior written consent of Playy.World has been obtained, the Trader shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.

Delivery of Products

2.3.1 Address

Delivery of the Products shall be made to the address you specify in your Order to Seller.

2.3.2 Delivery & packing charges

Delivery and packing charges shall be as set out in the Order.

2.3.3 Tracking

You may track the status of the delivery at the "Order Tracking" page of the Platform.

2.3.4 Delivery timeframe

You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via email and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.

2.3.5 Deemed receipt

In the event you do not receive the Product by the projected delivery date and provided that you inform Playy.World within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Playy.World does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.

2.3.6 Buyer’s failure to take delivery

If the Buyer fails to take delivery of the Products (otherwise than by reason of any cause beyond the 's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Trade Contract.

Prices of Products

2.4.1 Listing Price

The price of the Products payable by a Trader shall be the Listing Price at the time at which the Order placed by the Trader is transmitted to Seller (through the Platform).

2.4.2 Taxes

All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

Payment

2.5.1 General

You may pay for the Product using any of the payment methods prescribed by Playy.World from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Trade Contract. All payments shall be made to Playy.World, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that Playy.World is entitled to collect payments from you on behalf of Third Party Vendors.

2.5.2 Additional Terms

The payment methods may be subject to additional terms as prescribed by Playy.World from time to time.

2.5.3 Payment Methods

You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Playy.World), for any failure, disruption or error in connection with your chosen payment method. Playy.World reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

2.5.4 Failure to pay

If the Trader fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Trade Contract or suspend delivery of the Products until payment is made in full.

2.5.5 Refund of Payment

All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed. Playy.World offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Trader. All refunds are conditional upon our acceptance of a valid return of the Product. We reserve the right to modify the mechanism of processing refunds at any time without notice.

Refunds/Returns

2.6.1 Return Policy

All returns must be done in accordance with the instructions set out in the Return Policy at Playy.World Returns Policy. Trader may initiate the returns process by communicating with Seller through the Platform, as the case may be. Seller or Playy.World is not obliged to agree to any return unless all such instructions are followed to Seller’s and Playy.World’s satisfaction. Trader acknowledges that a return may be rejected if such instructions are not strictly adhered to. For a valid return, Seller or Playy.World may (as applicable and at their discretion), offer Trader remedies as set out in Clause 6.3. Playy.World reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

2.6.2 Permitted Returns

Subject to Clause 6.1, within 7 days from the date of delivery of the Product, you may return a Product when you:

2.6.2.1. receive a product that is fundamentally different in nature from the Product specified in the Trade Contract; or
2.6.2.2. receive a faulty or damaged Product.

2.6.3 Refund or replacement

2.6.3.1. Refunds: Seller or Playy.World may offer Trader a partial or full refund of the price paid for the non-conforming Product.
2.6.3.2. Replacements: Seller or Playy.World may offer the Trader a replacement Product in place of the non-conforming Product.

2.6.4 Return of Non-conforming Products

When Seller or Playy.World has provided replacement Products or given the Trader a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or Playy.World may, at its sole discretion, request such non-conforming Products to be shipped back to Seller or Playy.World at Trader’s cost.

2.6.5 Proof of fundamentally different, faulty, damaged or non-conforming product

In order to qualify for return, refund or replacement in Clause 6.1, 6.2, 6.3 and 6.4, Buyer has to submit a video, which records opening of the parcel/package containing the claimed fundamentally different, faulty, damaged or non-conforming Product as proof. The video has to record:

2.6.5.1. buyer opening the sealed parcel/package containing the Product; and
2.6.5.2. buyer open the Product as is where is

Questions and complaints

If you have any questions or complaints, you may either contact the Seller directly via the Platform or contact Playy.World using the "Contact Us" page on the Platform, as applicable. In the event that Trader is unable to resolve any dispute with the Seller directly through amicable negotiations, Playy.World reserves the right to suggest and implement an appropriate resolution at its sole discretion.

Termination

2.8.1 Cancellation by you

You may cancel the Trade Contract before Seller dispatches the Products under such Trade Contract by written notice to Playy.World through our Contact Us page at Playy.World Contact Page. If the Products have already been dispatched, you may not cancel the Trade Contract but may only return the Products in accordance with Clause 6.

2.8.2 Cancellation by Seller

Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for Playy.World, Seller, or Playy.World acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Trader and/or terminate the Trade Contract with immediate effect by written notice to the Trader on or at any time after the occurrence of any of the following events:

2.8.2.1. The Products under the Trade Contract being unavailable for any reason;
2.8.2.2. The Trader being in breach of an obligation under the Trade Contract;
2.8.2.3. The Trader passing a resolution for its winding up or a court of competent jurisdiction making an order for the Trader’s winding up or dissolution;
2.8.2.4. The making of an administration order in relation to the Trader or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Trader’s assets; or
2.8.2.5. The Trader making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

Termination

Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Products or any other provision of these Conditions the property in the Product shall not pass to the Buyer until Playy.World has received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold by Playy.World to the Buyer for which payment is then due.

Until such time as the property in the Products passes to the Buyer, the Buyer shall hold the Products as Playy.World's fiduciary agent and bailee and shall keep the Products separate from those of the Buyer.

The Buyer agrees with Playy.World that the Buyer shall immediately notify Playy.World of any matter from time to time affecting Playy.World’s title to the Products and the Buyer shall provide Playy.World with any information relating to the Products as Playy.World may require from time to time.

Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold) Playy.World shall be entitled at any time to demand the Buyer to deliver up the Products to Playy.World and in the event of non-compliance Playy.World reserves it’s right to take legal action against the Buyer for the delivery up the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of Playy.World but if the Buyer does so all moneys owing by the Buyer to Playy.World shall (without prejudice to any other right or remedy of Playy.World) forthwith become due and payable.

If the provisions in this Condition 9 are not effective according to the law of the country in which the Products are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

The Buyer shall indemnify Playy.World against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Playy.World's rights under this condition.

Limitation of liability

2.10.1 Sole remedies of trader

The remedies set out in Clause 6 are the trader’s sole and exclusive remedies for non-conformity of or defects in the products.

2.10.2 Maximum liability

Notwithstanding any other provision of these Terms & Conditions of sale for Playy.World, Seller’s maximum cumulative liability to Trader or to any other party for all losses under, arising out of or relating to the sale of products under each Trade Contract, will not exceed the sums that Trader have paid to Seller under such Trade Contract.

2.10.3 Exclusion of liability

Playy.World indemnitees shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

2.10.3.1. amounts due from other users of the Platform in connection with the purchase of any Product; and
2.10.3.2. the sale of the Products to Trader, or its use or resale by Trader.

General

References to "Playy.World" in these Terms and Conditions of Sale for Playy.World apply to Playy.World’s actions as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Trade Contract.

The rights and protections conferred on Playy.World under these Terms and Conditions of Sale for Playy.World shall be additional to the rights and protections conferred on Playy.World under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Trader.

Any clause in the Terms and Conditions of Sale for Playy.World, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Trader that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law

Playy.World reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for Playy.World from time to time, and in such manner as Playy.World deems appropriate. The Trader shall be bound by the Terms & Conditions so amended. In any event, if the Trader continues to use the Services provided by Playy.World after such amendment, the Trader shall be deemed to have accepted the amendments.

Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for Playy.World and Seller’s rights and remedies under these Terms & Conditions of Sale for Playy.World are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale for Playy.World, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale for Playy.World or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.



Copyright, Patents, Trademarks and Licenses

All of the content found on Playy.World and websites under the Playy.World domain, including graphics, text, buttons, logos, video, audio, downloadable files, pricing information and card databases, are the property of Playy.World and protected by Singapore and international intellectual property copyright laws.

Additionally, graphics, logos, page headers and button icons are trademarks of Playy.World in the Singapore and other countries. This material may not be used in connection with any service or product outside of Playy.World without express written permission, especially in a situation likely to cause confusion among customers and our partners.

Other trademarks, graphics and logos may appear on Playy.World, but not be owned by Playy.World, including but not limited to graphics and logos for:

• Magic: The Gathering
• Pokémon
• Yu-Gi-Oh!
• Force of Will
• Final Fantasy
• Cardfight!! Vanguard
• Dragon Ball Super
• Future Card Buddyfight
• Star Wars: Destiny
• Weiss Schwarz
• Duel Masters

These materials are the property of their respective owners who may or may not be connected to or affiliated directly with Playy.World.

You agree not to crawl, scrape or spider any of our websites without express permission from Playy.World.

Please share your opinions with us, as it can help us improve your experience and our services. However, any unsolicited ideas and feedback you send to us are considered non-confidential and non-proprietary to you. We may publish those ideas and feedback for any purpose without compensation or credit.

Risks and Liabilities

Items purchased from individual sellers on Playy.World will be shipped by those sellers and will be the seller’s responsibility until delivery is confirmed.

Items purchased from Playy.World will be shipped by Playy.World and will be the responsibility of Playy.World until delivery is confirmed.

Limitation of Liability

Playy.World and all information, content, materials, products and are provided on an “as is” and “as available” basis unless otherwise specified in writing. Playy.World makes no representations or warranties of any kind, expressed or implied, as to the performance or operation of Playy.World services or the information, content, materials or products made available to you by using the site. You expressly agree that your use of Playy.World is at your sole risk.

To the maximum extent allowed by relevant and applicable law, Playy.World disclaims all warranties. Specifically, Playy.World does not warrant that the Playy.World services, apps, servers or electronic communications are free of viruses or other harmful components. Furthermore, Playy.World will not be liable for any damages or loss caused by the use of Playy.World or from its information, content, materials or products.

Playy.World does not make any warranties with respect to your voucher codes and account balance. You are solely responsible for any unauthorized access to, or alteration, theft or destruction of vouchers code that results from any action by you or a third party. If your voucher codes have been reported lost or stolen or we believe your voucher code is being used suspiciously, fraudulently or in an otherwise unauthorized manner, we may suspend or prohibit use of your voucher code(s). If your voucher code stops working, you may reach out to our Customer Service Team and we may choose at our sole discretion whether or not to issue you a replacement voucher code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.



Definitions and Interpretations

Definitions

Trader

An authorised user of the Platform and/or the Services, including buying and selling of Products, Buyer and Seller

Intellectual Property

All copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights

Listing Price

Price of Products listed for sale to Traders, as stated on the Platform

Losses

All penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not

Materials

Collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform

Playy.World Indemnities

Playy.World and all of its respective officers, employees, directors, agents, contractors and assigns

"Playy.World" or "We" or "Our" or "Us"

Playy.World, a company incorporated pursuant to the laws of Singapore under registration number 201933356M.

Order

Your order for Products sent through the Platform in accordance with the relevant Terms & Conditions of Sale

Password

Valid password that a Trader who has an account with Playy.World may use in conjunction with the Username to access the relevant Platform and/or Services

Personal Data

Data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, email address, billing address, shipping address, phone number and credit card information. It shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us

Platform

Both the web and mobile versions of the website operated and/or owned by Playy.World which is presently located at the following URL: www.Playy.World; and the mobile applications made available from time to time by Playy.World, including the iOS and Android versions

Privacy Policy

The privacy policy set out at https://www.playy.world/privacy

Prohibited Material

Any information, graphics, photographs, data and/or any other material that:

a). Contains any computer virus or other invasive or damaging code, program or macro;
b). Infringes any third-party Intellectual Property or any other proprietary rights;
c). Is defamatory, libellous, or threatening;
d). Is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
e). Is or may be construed as offensive and/or otherwise objectionable, in our sole opinion

Services

Services, information and functions made available by us at the Platform

Submission

As defined in Clause 1.8.1 of these Terms of Use

Terms & Conditions of Sale

Terms and conditions governing a Trader’s purchase of the Products and are set out at https://www.playy.world/legal

Terms of Use

Recitals, Clauses 1 to 11 and any Schedules to these terms and conditions governing the Trader’s use of the Platform and/or Services and are set out at https://www.playy.world/legal

Trademarks

Trademarks, service marks, trade names and logos used and displayed on the Platform

Username

Unique login identification name or code which identifies a Trader who has an account with Playy.World

"You" or "Your"

Individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian

Business Day

A day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore

Trade Contract

As defined in Clause 2.2.6

Return Policy

The return policy set out at Playy.World Returns Policy

Third Party Vendor

A seller which, with Playy.World’s permission, uses the Platform and/or Services to sell Products to Traders, excluding Playy.World

Seller

A seller of Products, and includes a Third Party Vendor

Interpretation

Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words "include", "includes" or "including" are used, they will be deemed to be followed by the words "without limitation". Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words "month" or "monthly" as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Playy.World and the provision which is more favourable to Playy.World shall prevail.