Terms of use

Hola, Salam! and very warm welcome to the Terms of Use ("Terms") of GameBox Hero, Advantagex Digital pte Ltd, Singapore a firm incorporated, with its registered office 60 Paya Lebar Road, #07-54 Paya Lebar Square, Singapore 409051 ("GameBox Hero", "GBH", "We", "Us", or "Our"). GBH provides HTML5 games. These games are either created by GBH or independent developers who sell/license their HTML5 games to GBH. These games run online within a browser and do not have to be downloaded or installed.

By accessing or using the Platform (defined below) you agree to be bound by these Terms. Your agreement with us includes these Terms, (collectively "Agreement").

IF YOU DO NOT AGBHEE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGBHEEMENT AND AGBHEE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).

Definitions

“Subscription” is an access model of the product where subscribers get access to the portal and play Games hosted by GBH. The access depends on the subscription rules where entry fee and no of days of access is defined and is chosen by subscriber (if paid the subscription fee) or defined by GBH if ‘Free to play’ access. Generally subscription will require the user to pay an entry fee to subscribe. Free to play shall be as per the definition of GBH.

“Player” is a subscriber (defined below) who meets the eligibility criteria as detailed in Clause 4.1 (below) and play games that are hosted by GBH on their Platform.

“Subscriber” is a User (defined below) who has paid a subscription fee as defined for the geo and has the access to the GBHs content.

“Games” shall mean the HTML5 games that are licensed / owned / developed by GBH and made available to Users on the Platform. For the avoidance of doubt, it shall be noted that for Games not developed nor owned by GBH but licensed from Third party aggregators (e.g. Games including but not limited to Disney, Marvel, Star Wars, Voodoo, Sybo and more).

“Personal Information”means any information that relates to a natural person, which, either directly or in directly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such a person.

“Platform” means the website and any sub domains and the Operators mobile application on Android ("Application").

“Territory” shall mean Pakistan.

“Billing Provider” shall mean Telenor.

  1. Parties to the Agreement
  2. These Terms describe a contractual agreement between You, the User of the Platform, and GBH regarding Your use of the Platform. GBH has the right to refuse access in its discretion for any or no reason. Without limiting the foregoing, You specifically acknowledge that GBH reserves the right to terminate or limit Your access in the event that GBH determines, in its sole discretion, that You have violated the policies of GBH or any forum used by You, including the activities that adversely affect the experience of other Users.

  3. Eligibility Criteria for user(s)
    1. You must be of legal age as applicable in local law or at least 13 years of age to access and use the GBH Platform. If You are between the age of 13 to 17 years, Your access to the Platform should be permitted by Your parent or legal guardian
    2. You (or Your parent/guardian) must agree to be bound by these Terms;
    3. You must be a resident of the country the billing provider you have used to enter is operating in;
    4. You (or Your parent / guardian) must agree to be bound by these Terms;

  4. General Disclaimers
    1. By use of the Platform, You agree that You meet with the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
    2. You shall not access the Platform by any other means other than through the interfaces that are provided by GBH and not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
    3. You shall not host, display, upload, modify, publish, or share any information on the Platform that:
      1. Belongs to another person to which You do not have any right to; or
      2. Is grossly harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or
      3. Engages in any activity that interferes with or disrupts access to the Platform or GBH servers / networks; or
      4. Falsifies or deletes any author attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Platform.
    4. GBH shall not be liable for any misuse of the Personal Information shared by You with Us or a third party on Your profile on the Platform, chat rooms, forums, or game comments.
    5. GBH reserves the right to change these Terms from time to time, and such changes will become applicable to You if You continue to use the Platform at any time after such changes are posted on the Platform. Where We believe that any changes are material, We will notify You through either an in-app notification, or SMS, or push notifications, or email You have provided Us, but regardless of whether You receive such notice, any changes will become effective if You use any of the Platform at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure You are aware of the most recent Terms.
    6. If You do not agree to these Terms, do not use any of the Platform, and if You do not wish to agree to any changes to these Terms, please cease using the Platform.
  5. GameBox Hero may organize Tournaments on the platform,and to participate in such Tournaments, the user need to be in compliance with these Terms, more particularly, Clause 4(below), and any additional criteria shared on the platform.

5. Account Termination or Suspension

  • A Player may terminate or suspend their account by SMS or from Unsub link in the portal or by sending an email to < email ID mentioned in Contact us>.

6. Reporting Bugs or Errors

  • If a Player identifies any bugs or errors in the platform, they must immediately log out and notify GBH at < email ID mentioned in Contact us>.
  • Players are prohibited from exploiting such bugs or errors for personal gain.

6.2 Invalid Activities and Prohibited Conduct

  • All account actions and payments must be performed by the account holder solely for their own benefit
  • The use or attempted use of external gaming assistance programs (EPA), including but not limited to databases, profile services, or any tools giving an unfair advantage, is strictly prohibited.

8. No Refund Policy

  • All subscription amount payments made to the platform from the Player’s billing provider account are non-refundable.

No Guarantees

Among other things, GBH does not guarantee that:

  • The Platform will meet the User’s expectations;or
  • The Platform will be accessible without interruption or in a timely, reliable, or fault- free manner;or
  • The results obtained through use of the Platform will be as per users expectations deemed as correct and reliable;or
  • The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.

The User shall be solely responsible for damages to his or her data system or for loss of data arising from downloads of content from the Platform.

No guidance or information, written or oral, obtained from GBH or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

Limitation of Liability

Users specifically acknowledge and agree that in no event shall GBH be liable for any direct or indirect damage, including but not limited to, delay, damages caused by unused opportunity of the Platform, loss of profits, goodwill, licenses of data, or other financial loss arising out of: the use of the Platform or inability to use the Platform; costs arisen from acquiring a replacement of any product or service that is based on any item, data, information, or service purchased through the Platform, from any message received through the Platform or any transactions made by means of the Platform; third party claims against the player; unlawful access to or modifications of data transmissions; or any other circumstances related to the Platform.

GBH exempts itself from any claims for damages relating to the Platform access, function, quality, and possible errors such as spelling errors, bugs, and other factors relating to the Platform.

GBH shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.

The User(s) shall maintain confidentiality of his/her User credentials and shall be responsible for any access made through his/her account. The User shall immediately notify GBH of any actual or suspected unauthorized use of User’s credentials and may be liable for the GBH losses or such other parties as the case may be, due to any unauthorized use.

Entrants agree to release from liability and indemnify GBH, Zong, third party aggregator, Marvel, The Walt Disney Company, and their affiliates, including each of their officers, directors, and employees, against any claims, losses, or damages arising from usage.

Force Majeure

GBH shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting GBH and unreasonably complicating GBH activities. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other event beyond GBH control hindering, delaying or complicating the maintenance of the Platform entitles the GBH to suspend or limit the Platform until further notice.

Intellectual PropertyRights

The content of the Platform is protected by international copyright acts and treaties. All reproduction or distribution of any material on the Platform, including but not limited to text, photographs, movies, music and software programs is strictly prohibited, unless explicitly stated otherwise. GBH reserves any and all rights not expressly granted herein.

GBH’s trade name, logotype, and all related trademarks, product and/or service names and slogans used in the Platform are the property of GBH and may not be used in any way without the prior written approval of GBH. Users' use of the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Platform.

Term and Termination

Term: This Agreement is valid until further notice.

Termination: Player(s) whose Accounts have been suspended / frozen/terminated on the basis of the reasons cited below, will not be allowed to play games on the portal. Freezing can occur in relation to the entire Platform or certain sections of the Platform

  1. GBH may at its sole discretion and without prior notice, suspend/freeze/terminate the User’s access to the Platform if he/she violates or attempts to violate the security of the Platform including, without limitation:
    1. Accessing data not intended for You or logging on to a server or Player Account the User is not authorized to use;
    2. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without authentication; or
    3. Accessing or using the Platform without authorization, in violation of these Terms or in violation of applicable law
  2. Violations of system or network security may result in civil or criminal liability. GBH will investigate occurrences that may involve such violations and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform
  3. GBH may at its sole discretion and without prior notice, suspend, freeze or terminate the Player’s Account under the following circumstances:
    1. The Player violates any or all terms of this Agreement or instructions on the Platform;
    2. GBH has reason to suspect a crime, misuse, fraud, or attempt of such in relation to use of the Platform;
    3. The Player accesses or tries to access the portal from any unauthorised location(s);
    4. No transactions have been registered for the Player Account for a period of 24months or any period instructed by the billing provider;
    5. GBH considers it to be necessary for safety reasons or GBH’s reputation;or
    6. GBH is forced to do so pursuant to legislation or ruling of a competent authority.

Indemnity

13.1. The Users shall indemnify, defend, and hold harmless Marvel, The Walt Disney Company and third party aggregator and GBH and their respective affiliates if any, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by GBH that arise out of, result from, or in connection with:

  1. The User’s breach of these Terms;
  2. Any claims made by any third party due to, or arising out of, or in connection with User’s use of GBH Platform;
  3. The User’s violation of any rights of another, including intellectual property rights;and
  4. He User’s violation of any applicable laws.
13.2. Notwithstanding anything to the contrary in these Terms, in no event shall GBH and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not GBH has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.

Applicable Law and Jurisdiction
These Terms shall be governed by the laws of territory. You agree that GBH is solely based in Singapore, and nothing shall give rise to personal jurisdiction over us in jurisdictions other than Singapore and you shall not raise any claims against us in any court or forum in any jurisdiction other than Singapore.
Any claim or dispute between the Player and GBH will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Singapore and no other place whatsoever.

Severability
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect

Waiver
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by GBH. Any consent by GBH to, or a waiver by GBH of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.