Terms and Conditions for Use

Welcome to the MGE Platform.

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE SUBMITTING AN ACCOUNT REGISTRATION REQUEST AND/OR USING THIS PLATFORM.Your use of this Platform indicates your acceptance of the Terms, including the policies incorporated into them by reference. If you do not agree to any part of these Terms, you should stop using the Platform immediately. Please note that accessing materials on this Platform by certain persons in certain countries and territories may not be lawful, and we make no representation that materials on this Platform are appropriate or available for use in all locations where the Platform can be accessed.

1. Definitions

In these Terms, the following words and expression shall have the following meanings unless the context otherwise requires:

Contents:means, including without limitation, any text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews, software programmes and other information contained in or published on our Platform.

Customer, you or your:means a person who uses, redeems or purchases an item(s) or make a top-up of game currencies on the Platform.

Direct Top-up:means a direct deposit of game currencies on the Platform through the information provided by you.

MGMAX, we or our:means MGMAX SDN. BHD.

Platform:includes our Mastercard Gamer Exchange ("MGE") platform and applications, if any.

Product:means the gaming currencies for the various games, offered on the Platform for redemption at your chosen publisher's website/application.

Services:means the services provided by MGMAX on the Platform, including, without limitation, the Services as listed in Clause 9 below, subject to these Terms.

Terms: means these terms and conditions governing the use of the Platform and the Services by you, as may be amended at any time and from time to time, as and when MGMAX shall in its absolute discretion deems necessary and shall include:

(i) any rules, procedures, Terms for Products, Services or facilities; and
(ii) any documents, directives, correspondence and agreements referred to in these Terms and forming a part hereof.

Vouchermeans an electronic Voucher redeemed on the Platform which contains a stored value available for redemption at your chosen publisher's website/application.

2. BY USING OUR PLATFORM, YOU ACCEPT THESE TERMS

2.1By ticking the "I agree to MGMAX SDN. BHD's Terms & Conditions" box on the Platform, you confirm that you accept these Terms and that you agree to comply with them.

2.2To this end, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited license to access our Platform to enjoy personal, non-commercial use of our Services in accordance with these Terms. Except for this limited license, we do not grant you any other rights or licenses with respect to our Platform. Any rights or licenses not expressly granted herein are reserved.

2.3You will not use our Platform for any purpose that is unlawful or prohibited by these Terms, Accordingly, you agree not to use our Platform and/or its Contents to:

(a) resell any Products purchased or Services obtained via our Platform or for any commercial purpose unless expressly authorized in writing by MGMAX;
(b) violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other users of our Platform;
(c) interfere with or disrupt our Platform, servers or networks connected to our Platform or attempt to investigate, scan or test the vulnerabilities of MGMAX’s systems or networks;
(d) disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platform in whole or in part, or otherwise attempt to obtain or access the source code of our Platform;
(e) obtain or attempt to obtain unauthorised access, through whatever means, to any of the MGE systems or tamper with, use any non-public areas of the Platform, the computer systems or technical delivery systems of the MGMAX’s provider;
(f) display, associate, or mirror the Services or Products, or any elements within the Services or Products (including the layout and design of any page or form found on the Platform), MGMAX’s name, logo URL, trademarks (whether registered or unregistered), or any other proprietary information of MGMAX without our written consent;
(g) falsify any part of the Transmission Control Protocol (TCP)/Internet Protocol (IP) or header information in emails or newsgroup posts, or in any way using the Service or Platform to send altered, deceptive or fraudulent source-identifying information;
(h) create, use, or operate an account, profile, or communication that impersonates or otherwise misrepresents another person or entity, in a way that intentionally or negligently misleads, deceives, or causes harm to others;
(i) do anything else which could cause damage, or would otherwise have a negative impact, on the Platform and MGMAX’s internet network, infrastructure, Products, Services, and business as a whole;
(j) transmit, or cause to be transmitted any
1. (i) malicious content including malware, Trojan horses, or viruses, or which otherwise interferes with any user’s access to our Platform; and
2. (ii) unsolicited mass mailings or other forms of spam, including junk mail or chain letters; and
(k) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control or the U.S. Department of State, the United Nations Security Council, the European Union, His Majesty’s Treasury or any other relevant sanctions authority;
(l) infringe or violate these Terms and any applicable law, statute, ordinance or regulation in Malaysia and any other countries, and any rights of us and/or any third party, including intellectual property rights or proprietary rights.

2.4If we suspect that you have performed any of the prohibited activities under these Terms, we reserve the right to block your user account.

2.5MGMAX reserves the right to investigate any actual or suspected violations of these Terms and to take any action it deems appropriate under applicable laws. Such actions may include, without limitation, removing or disabling access to any content, suspending or terminating user accounts, or reporting the matter to relevant law enforcement or regulatory authorities. MGMAX may cooperate fully with law enforcement agencies or other competent authorities in investigating or responding to suspected unlawful activities. You acknowledge that MGMAX has no general obligation to monitor your access to or use of the Services or Platform, or to review or edit any User Content. However, we reserve the right to do so at any time, without prior notice, for the purposes of operating the Services and the Platform, ensuring compliance with these Terms, or complying with applicable laws, court orders, or requests from governmental or regulatory bodies.

3. YOUR ACCOUNT

3.1In the course of using our Platform, you may be required to register for and maintain a user account with us (“MGE Account”). When registering for an MGE Account, you agree to provide and maintain information that is true, current, and complete.

3.2You are responsible for maintaining the confidentiality of the information and password associated with your MGE Account, as well as for all activities conducted under your MGE Account, including all charges incurred. MGMAX shall be entitled to treat any person who gains access to the Platform and Services using your MGE Account login details as having been duly authorised by you, without any obligation to make further inquiry or investigation. Where applicable, references to your use and/or access of the Platform and Services shall be deemed to include the use and/or access by any individual authorised by you. Notwithstanding the foregoing, MGMAX may at its sole discretion, decline to act or refrain from acting on any instructions issued through your MGE Account and may, but not obligated to, investigate or verify the authenticity of the person issuing such instructions, or the authenticity, accuracy, or completeness of the instructions themselves. You must immediately notify us of any unauthorised use of your MGE Account, password, or any other breach of security.

3.3We will not be liable for any loss or damage arising from your failure to comply with this clause 3. To the maximum extent permitted by applicable law, we may at our sole discretion refuse registration of an MGE Account or cancel an existing MGE Account without prior notice or liability.

3.4We also reserve the right to bar or block users from and/or to partially or fully restrict their access, whether or not with a MGE Account, to our Platform on a permanent or temporary basis, at our discretion. If you are blocked, you agree not to attempt to use our Platform under any other name or through any other user.

4. WE MAY MAKE CHANGES TO THESE TERMS

We may amend, update, or replace these Terms from time to time to reflect changes in our services, business operations, legal requirements, or other relevant circumstances. Any such amendments will be made with due consideration to maintaining a positive user experience and upholding transparency in our practices. Where changes are material, we will provide reasonable prior notice through our Platform, and will indicate the date the changes take effect. Continued access to or use of our Services after the effective date of any amendments constitutes your acceptance of the revised Terms. If you have completed a redemption prior to such amendment, you will be bound by the Terms in force at the time of the redemption. If you do not accept the revised Terms, you must immediately cease accessing and using the Platform.

5. WE MAY MODIFY, SUSPEND OR WITHDRAW OUR PLATFORM

5.1All Content accessed by you using our Platform is at your own risk, and you are solely responsible for any damage or loss suffered by any party as a result thereof. Under no circumstance shall MGMAX be liable in any way for any loss or damage of any kind arising from or in connection with your use of, or exposure to, any Content on our Platform, including, but not limited to, any errors or omissions in such Content, or any additions, removals, or modifications made to the Platform. We do not guarantee that our Platform, or any Content on it, will always be available or uninterrupted. We shall not be liable to you for any loss or damage arising from any modification, suspension, withdrawal, unavailability or interruption of our Platform or Services.

5.2We may:

(a) suspend or withdraw or restrict the availability of all or any part of our Platform at any time without ascribing any reasons.
(b) at our sole discretion and at any time, suspend or terminate your access to or disable your use of the Platform for any reason without prior notice to you, including if we suspect fraud, illegal, unauthorised or improper conduct on your part, or if you have breached any part of these Terms.
(c) impose limits on the type and/or amount of transactions you are allowed to make using the Services at any time at our sole discretion without prior notice.

5.3You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

6. PLATFORM OWNERSHIP, BRANDING, AND INTELLECTUAL PROPERTY

6.1This Platform is owned and operated by MGMAX.

6.2While the Platform is branded by Mastercard, it is owned, managed and operated by MGMAX.

6.3The materials contained in this Platform, including the information as well as any software programmes made available on or through this Platform (the "Contents"), are protected by copyright, trademark and other forms of intellectual property rights.

6.4Unless expressly stated otherwise, all intellectual property rights with regards to the Contents, Products and games, are owned by MGMAX or its licensors, as the case may be, including, without limitation, the publishers and licensees of the games. Nothing in these Terms shall be construed as granting you any licence or right to use any of the Contents without the prior written consent of MGMAX or the relevant rights holder.

6.5All Services offered on the Platform are offered by MGMAX, and not the said legal owners, publishers, and/or holders.

6.6You shall not remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or on the Contents. Any unauthorised use of the Contents or any part thereof may violate intellectual property laws and could result in civil and/or criminal liability.

7. RESTRICTIONS ON USE OF MATERIALS

(a) reproduce, republish, upload, post, transmit or otherwise distribute the Contents in any way.
(b) use manual or automated software or processes to monitor, copy, extract, export or otherwise scrape any materials displayed on or Contents contained in our Platform. Such manual or automated software or processes include, without limitation, datamining, scraping, spidering, indexing, storing or rehosting the Contents outside our Platform.

8. AGE RESTRICTIONS AND PARENTAL CONSENT

8.1Use of the Platform is restricted to individuals who are at least the age of majority in their respective jurisdiction and/or state of residence. Customers under the age of majority(the "Must"), must obtain prior consent from their parent or legal guardian before registering an account or participating in any activities on the Platform, including the redemption of Voucher codes or engagement with any Services.

8.2Parents or legal guardians of the Minor assume full responsibility for the Minor’s account and all associated actions while using the Platform, including making any redemptions through the Platform. By providing consent, such parents or legal guardians acknowledge that any transactions carried out by the Minor will be deemed authorized, final, and non-reversible.

8.3MGMAX shall not be held liable for any unauthorized or non-compliant use of the Platform by Minors. It is the sole responsibility of the parent or legal guardian to monitor the Minor’s use of the Platform and ensure compliance with all applicable terms and policies.

8.4Any prohibited activity conducted by a Minor, including but not limited to fraud, misuse of Services, or violation of voucher terms, may result in immediate suspension or termination of the MGE Account.

9. Services Provided

9.1Currently, MGMAX provides the following Services through its Platform:

(a) Direct Top-Up

Upon selecting this option, and confirming the relevant information (i.e. game name, server, game user id, character name, account name, amount of game currency redeemed, amount of loyalty points to be used) are correct, a confirmation email will be sent to you, and the requested top-up will be done within a few hours.

(b) Voucher

Upon selecting this option, and confirming the relevant information (i.e. game name, server, amount of game currency redeemed, amount of loyalty points to be used) are correct, a confirmation email will be sent to you, and the Voucher containing the redemption code will be sent to the email address provided by you, within the next 1 hour.

9.2We shall not be held responsible for any incorrect redemptions made by you due to your negligence and/or provision of any false or incorrect information, which may result in the Direct Top-Up or Voucher transaction failing for any reason, including, but not limited to, the crediting of game currency to the wrong account or the Voucher being sent to an incorrect email address based on the information submitted by you.

9.3Any Direct Top-Up or Voucher, redeemed with us, are neither refundable nor exchangeable.

9.4We shall also not be held responsible for any loss or damage of the Voucher, or for any loss or damage suffered by the holder of the Voucher, arising from, or in connection with, the Voucher and/or its use.

9.5By redeeming any Products from us, you understand, acknowledge and accept the release of liability set out in this Clause 9, as well as in Clauses 10, 11, 12, 13,15, 16 and 17 below

10. EXPIRATION AND NON-TRANSFERABILITY POLICIES

10.1Unless otherwise stated, all Voucher codes issued by us are valid for a period of six (6) months from the date of issuance. You are advised to use the Voucher codes within this validity period before they expire.

10.2Specific campaigns or promotional activities may include unique terms that override the standard voucher validity period as in Clause 10.1. Voucher validity may vary depending on the issuer’s campaign terms and conditions. You are solely responsible for reviewing and complying with the applicable campaign terms at the time of redemption.

10.3Voucher codes are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent described herein or as required by applicable law. MGMAX reserves the right to cancel or revoke Voucher codes found to be misused, transferred, or resold without authorization. Such violations may also lead to modifications or termination of the associated campaign’s terms and conditions, or disqualification from future promotions at the discretion of MGMAX.

11. DISCLAIMER OF LIABILITY

11.1

(a) which users gain access to our Platform;
(b) what Contents you access via our Platform;
(c) what effects our Contents may have on you;
(d) how you may interpret or use our Contents; and
(e) what actions you may take as a result of having been exposed to the Content.

11.2We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Platform. We are not responsible for the availability and quality of your telecommunication reception when accessing or using our Platform or Services.

11.3

(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Contents; and
(b) that the Contents available through our Platform or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that our Platform and the server will be free of all bugs, viruses and/or other harmful elements.

11.4We shall not be liable for any damage or loss of any kind, howsoever caused as a result (indirect or direct) of the use of this Platform and/or Services, including but not limited to any damage or loss suffered as a result of reliance on the Contents.

11.5The Contents do not constitute financial, legal or other professional advice. If financial, legal or other professional advice is required, services of a competent professional should be sought.

11.6ou are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

12. WE ARE NOT RESPONSIBLE FOR PLATFORMS WE LINK TO

Where our Platform contains links to other platforms and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked platforms or information you may obtain from them. We have no control over the contents of those platforms or resources.

13. RULES ABOUT LINKING TO OUR SITE

13.1

(a) to the home page or to any other page on our Platform without our express written consent. Even if consent is provided, you may only establish a link to the home page or to any other page on our Platform in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and/or
(c) to our Platform in any platform that is not owned by you.

13.2We reserve the right to withdraw linking permission without notice.

13.3THERE ARE OTHER TERMS THAT APPLY TO YOU These other terms refer below shall apply to your use of our Platform: Our Privacy Policy at https://gamerexchange.com/en-my/privacy-policy

14. CONFIDENTIALITY AND USE OF DATA

14.1By creating a MGE Account and/or using the Services, you represent and undertake that all information you have provided to MGMAX are true and accurate

14.2

(a) MGMAX is responsible for the collection and processing of your personal data when you use this Platform; and
(b) Mastercard does not process any personal data collected through this Platform.

14.3For information regarding our treatment of your personal data, please review our current Privacy Policy , which is incorporated by reference into these Terms. To the extent required under applicable law, your acceptance of these Terms constitutes acceptance and agreement to our collection, use and disclosure of your personal data in accordance with our Privacy Policy.

15. LIMITATION ON LIABILITY

You agree and confirm that you shall not hold MGMAX, its employees, agents, suppliers, third-party providers or licensors, liable for any losses, damages, including, without limitation, any special, incidental or consequential damages arising out of and in relation to the Services or these Terms howsoever arising. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms.

16. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless, MGMAX and their respective officers, directors, employees,agents, licensors, representatives, and third-party providers, from and against any and all claims, actions, proceedings, losses, liabilities, expenses, damages, and costs, including, but not limited to, attorneys’ fees (on a solicitors-client basis), arising out of or in connection with your use of the Services and/or any violation by you of these Terms.

17. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our control including, but not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, equipment breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, or pandemic.

18. PRODUCT INFORMATION

18.1All images used to illustrate the Products and Services are for illustrative, and identification purposes only. These images are non-contractual, do not form any part of any contract between you and MGMAX, and do not bind us in any way.

18.2Unless expressly indicated otherwise, MGMAX is not the creator or owner of the Products listed for redemption on the Platform. While we work to ensure that Product information on our Platform is correct, the actual Product may contain more and different information to that displayed on our Platform. All information about the Products on our Platform is provided for informational purposes only. We recommend that you do not rely solely on the information presented on our Platform and always read labels, warnings, and directions provided with the Product before use.

19. USER CONTENT, FEEDBACK AND UNSOLICITED IDEAS

19.1 User Content

(a) you either own or have secured all necessary rights, licenses, permissions, and consents to grant the rights described in this section;
(b)the User Content, and any use of it by MGMAX or other users of the Platform, does not infringe or violate any third-party rights, including but not limited to intellectual property rights (such as copyright, patent, trademark, or trade secrets), moral rights, rights of publicity or privacy, or any applicable laws or regulation;
(c) the User Content
1. (i) does not violate and does not encourage any conduct that would violate, any applicable law or regulation or give rise to civil liability;
2. (ii) is not fraudulent, false, misleading or deceptive;
3. (iii) does not contain elements relating to ethnicity, religion, race, or inter-group conflict, and is not slanderous, obscene, pornographic, vulgar, or otherwise offensive;
4. (iv) does not defame or promote discrimination, bigotry, racism, degradation, stigmatization hatred, harassment or crimes against any individual or group;
5. (v) is not politically charged or partisan in nature; or
7. (vi) does not promote illegal, harmful or dangerous activities or substances; and

19.2 Feedback and Suggestions

(a)The Feedback will automatically become the exclusive property of MGMAX upon submission;
(b)you irrevocably assign and transfer to MGMAX all rights, title, and interest in and to the Feedback, including all intellectual property and proprietary rights therein (such as copyrights, patents, and trade secrets); and
(c) MGMAX shall have the unrestricted right to use, modify, reproduce, distribute, or implement such Feedback in any manner it deems appropriate, without any obligation of notice, attribution, or compensation to you. MGMAX reserves the right, in its sole discretion, to take any necessary actions to secure, enforce, and protect its rights in such Feedback, without requiring further consent from you.

19.3 Unsolicited Idea

(a) The Unsolicited Idea will be considered non-confidential and non-proprietary;
(b) MGMAX shall have no obligation, fiduciary or otherwise, including without limitation any obligation of compensation, confidentiality, or attribution, with respect to such Unsolicited Idea;
(c) MGMAX shall be free to use, disclose, reproduce, modify, distribute, or otherwise exploit the Unsolicited Idea in any manner and for any purpose, whether commercial or otherwise; and
(d) You agree to indemnify, defend, and hold harmless MGMAX, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with MGMAX’s use or alleged use of the Unsolicited Idea.

20. MISCELLANEOUS

20.1 WaiverNo delay or omission by us in exercising any of our rights or remedies under this Agreement or otherwise available to it shall impair such right or remedy or constitute a waiver thereof, nor shall any single or partial exercise of such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

20.2 Entire AgreementThis Terms supersedes all prior discussions and writings with respect to the subject matter, and constitutes the entire agreement between us with respect to the subject matter hereof. No modification of this Terms will be binding upon us unless made in writing and signed by a duly authorized representative of MGMAX.

20.3 Severability If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of these Terms. The invalidity, illegality or unenforceability of any provision in this Terms under the laws of any one jurisdiction shall not in itself affect the validity, legality and enforceability of such provisions under the laws of any other jurisdiction.

20.4 Notice Any or all notices that we may be required by law to make in electronic format (such as but not limited to communications with regards to your transaction, or under the Privacy Policy). You consent to receive communications from us in electronic form as stated above, and agree that all terms and conditions, notices, rules, disclosures, policies, and other communications from MGMAX as may be provided from time to time, electronically to you, shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication.

20.5 Governing Law and Jurisdiction These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to any conflicts of law principles. Any and all disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Malaysia. You agree to comply with all applicable laws, regulations, and ordinances in your country or jurisdiction when accessing or using the Services. However, to the maximum extent permitted by law, you acknowledge and agree that the laws of Malaysia shall exclusively govern all rights and obligations between you and MGMAX. To the extent that any mandatory local consumer protection laws apply and cannot be excluded, such laws shall apply only to the minimum extent required by those local regulations, and shall not otherwise affect the validity, interpretation, or enforcement of these Terms under Malaysian law. You further agree that any dispute shall be submitted to the exclusive jurisdiction of the courts of Malaysia, and you expressly waive any objection to such jurisdiction or venue.

21. FEEDBACK AND CONTACT INFORMATION

If you have any questions or concerns about these Terms or any issues raised in these Terms, on the Services or the Platform, please contact our customer service directly at[email protected].