Terms Of Use

your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;

you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;

use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

directly or indirectly, use the Services for any commercial purposes, save as otherwise permitted by GameFuel;

use the Platform or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties or obtain any advantage, benefit or secret profit from any third party;

use any Intellectual Property belonging to GameFuel or any other third-party proprietors listed on the Platform, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of GameFuel;

take any action that may undermine or manipulate the feedback or ratings system;

be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Platform or the employees of GameFuel;

attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;

harvest or collect any information about or regarding other Account holders, including, without limitation, any personal or business information;

upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mails’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other unauthorized form of solicitation;

upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;

use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;;

reproduce, attempt to reproduce or counterfeit Item; and

directly or indirectly recruit and/or poach any customers obtained from the usage of the Platform.

A User ID will be provided to you, where you will be entitled to set the password and/or security code for your Account subject always to certain requirements as may be then notified. In registering with GameFuel, you agree to provide accurate, current, and complete information about yourself, and to update that information if it changes; if you don’t, we have the right to close your Account and any web pages and/or other pages and/or reports created under your Account with GameFuel. If we rely on the contents of your application and accept you to use our Services, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted by us to you. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account.

You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Platform and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Platform (or any of them).

It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that GameFuel may issue from time to time. GameFuel shall not be liable for any errors, losses or damages caused by your use of the Services.

It is your responsibility to secure the information of your Account. Any notification or confirmation received by GameFuel from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.

GameFuel shall not be liable for acting on the notification or confirmation sent through your Account. GameFuel shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by GameFuel notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify GameFuel upon receipt of incomplete, garbled or inaccurate data or information from GameFuel. You shall also immediately notify GameFuel upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.

We may at any time or from time-to-time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third-party service provider(s) to operate the Platform and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights, benefit or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and without notice to you.

Unless otherwise permitted by GameFuel in writing, you shall not upload, post, email, transmit or otherwise make available any unauthorized or illegal activities on the Platform or directly to other users of the Platform.

You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Platform.

You irrevocably and unconditionally allow and permit GameFuel to send to your Account updates on services and events offered or provided by GameFuel.

Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We provide these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.

You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

All items reflected in the Account are granted to you on a limited and revocable licence basis, use of which shall be in accordance with such terms as GameFuel may impose from time-to-time.

The value of the items reflected in the Account does not represent any credit value in real currency. The items cannot be exchanged for real cash.

Unless otherwise permitted by GameFuel in writing, you are prohibited from selling, transferring or otherwise disposing of the items to any other persons, whether within or outside the confines of the Platform (or any of them).

We may release certain Services or their features in a beta or trial version, which may not work correctly or in the same way the final version may work, and we shall not be liable in such instances.

GameFuel may from time-time-time require verification of your identity to confirm your ownership of your Account. This verification process is required for purposes including but not limited to: (i) fulfilling GameFuel’s obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling GameFuel to take action when unauthorized usage of GameFuel accounts has been detected; and (iii) resolving any disputes relating to the ownership of a GameFuel account.

You hereby irrevocably authorize GameFuel, whether acting on its own or through its third-party service providers, to make any inquiries and to collect any documentation that it considers necessary to verify your identity. As part of this verification process, GameFuel shall request, and you shall provide to GameFuel, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.

We reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or Services at any time or upon notice as required by applicable laws. We may also impose limits on certain features or restrict your access to parts of, or the entire Platform and/or Services in our sole discretion and without notice and any liability to you.

For enhancement and improvement purposes, GameFuel may from time-to-time conduct software evaluation to assess the performance level of the Platform and/or Services. You hereby irrevocably grant to and authorize GameFuel to conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.

You agree and confirm that you shall not hold GameFuel, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Use.

The Services are usually available on a daily basis unless otherwise specified herein. Whilst we endeavour to ensure that the Platform and/or Services are secured, you acknowledge and agree that the entire risk arising out of the access, use or performance of the Platform and/or the Services shall remain with you to the fullest extent permitted by applicable law.

The Platform and/or Services are provided ‘as is’ and ‘as available’ basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, custom or trade usage. Without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the Platform and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secured, accurate, complete or error-free, that defects, if any, will be corrected, or that the Platform and/or the Server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-Horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

We grant you a limited and revocable licence to access and use the incidental software provided by us to you via the Platform as part of the Services. Use of such software is subjected to these Terms of Use. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or permit or encourage any third party to do so.

All proprietary Content and Intellectual Property displayed on the Platform are the exclusive property of GameFuel and where applicable, third-party proprietors. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services, you agree to comply with the copyrights, trademarks, applicable intellectual property related legislations and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any portion of the Services, the Platform or its Content. You also may not, unless with our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

Any Submission is not considered confidential by GameFuel and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing goods. By making a Submission to GameFuel, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.

You are aware that all transactions conducted on the Platform are through telecommunication and data networks.

You are fully aware that your receipt of the notification from GameFuel and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that GameFuel cannot guarantee the prompt delivery of such notification or confirmation.

You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

You shall immediately notify GameFuel if you are aware or believe your Account has been hacked or compromised.

You shall be liable for all transactions conducted through your Account at any time prior to the receipt by GameFuel of your notification as stated in Clause 14.

GameFuel shall be entitled and you irrevocably and unconditionally consents and authorises GameFuel to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Platform to such extent that GameFuel may at its absolute discretion deem fit to:

Save as otherwise permitted in these Terms of Use, GameFuel will not disclose your personal information to any other party without prior notification to you.

These Terms of Use shall be governed by and construed in accordance with the laws of Trinidad and Tobago without regard to the conflict or choice of law principles. Any dispute, legal action or proceeding arising out of or in connection with these Terms of Use shall be submitted to the jurisdiction of the Trinidadian courts, unless GameFuel in its own discretion chooses to submit the same for settlement via arbitration in Trinidad or otherwise.

Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.

For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.

You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees (collectively, the ‘Indemnified Parties’) from and against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs and dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (i) your violation or breach of any of these Terms of Use or any policy or guideline referenced herein; (ii) your use or misuse of the Platform or Services, or (iii) your breach of any laws or any rights of a third party

The Services (or any part thereof) may be cancelled by GameFuel at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Use as GameFuel may at its absolute discretion determine.

You may deactivate your Account at any time you notify us of your desire to do so, subject always to a closure fee as chargeable by us on you, if any.

GameFuel reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that GameFuel may at its absolute discretion determine. Grounds for suspension or termination may include, but not limited to:

Upon cancellation or termination of the Services (or any part thereof):

Further to the above, in the event that your access and/or utilization of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013, AMLATFPUAA and/or MACCA or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilize your GameFuel FUNDS and shall not be entitled to obtain any money or refund whatsoever. It shall be lawful for GameFuel to retain for an indefinite period, or deal at its own discretion with, or release to the relevant authorities, any money or refund (including your GameFuel Credits) in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

Any provision of these Terms of Use which expressly or by implication is intended to continue to remain effective and binding on you after the deactivation of Account and/or the termination of Services, shall survive such termination.

All notices, demands, requests or other communications to be given or made under these Terms of Use shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post or electronic mail to the contact details as notified by one party to the other from time-to-time or via the communication channel made available on the Platform.

Notice shall be deemed given

Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by GameFuel to you shall be deemed to be served in the following manner:

Any failure by GameFuel to enforce at any time or for any period any one or more of these Terms of Use shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Use.

In the event that any provisions of these Terms of Use is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable GameFuel shall amend that provision in such reasonable manner as would achieve the intention of GameFuel or at the discretion of GameFuel it may be severed from these Terms of Use and the remaining provisions remain in full force and effect.

These Terms of Use may be modified, added to, deleted or varied by GameFuel by way of posting on the Platform or in any such other manner as GameFuel may in its absolute discretion determine.

You agree that continued use of the Services shall constitute your acceptance of these Terms of Use (as modified and varied from time to time).