Terms and Conditions

ENIDEA SDN BHD (Company No. 1262854-M) a company incorporated in Malaysia under the Companies Act 2016, and having its business office at C-20-02, Metropolitan Square, Jalan PJU 8/1, Damansara Perdana, Petaling Jaya, 47820, Selangor, Malaysia (hereinafter referred to as “Engame”).

Engame built the Tap Master app or web app as a Free app (hereinafter referred to as “Game”)

Please read this Terms and Conditions carefully, as it sets out the basis upon which we license the Game for use.

Before you play the Game from our website or the platform of one of our appointed distribution partners, you will be asked to give your express agreement to the provisions of this Terms and Conditions.

By agreeing to be bound by this Terms and Conditions, you warrant to us that you are at least 13 years of age; if you are not, you must not use the Game.

This Terms and Conditions should be read in conjunction with our privacy policy, which is available at HERE.

WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.

1. Definitions

1.1 In this Terms and Conditions, except to the extent expressly provided otherwise:

"Distribution Platform" means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;

"Distribution Platform Terms and Conditions" means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;

"Documentation" means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;

"Effective Date" means the date upon which the User accepts the terms of this Terms and Conditions in accordance with the preamble to this Terms and Conditions;

"Terms and Conditions" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

"Game" means Tap Master as modified, patched, updated and upgraded from time to time by or with the authorisation of the Licensor, including any DLC;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Permitted Hardware" means any desktop, laptop, smartphone or tablet computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;

"Term" means the term of this Terms and Conditions, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2; and

"User" means the person to whom the Licensor grants a right to use the Game under this Terms and Conditions in accordance with the preamble to this Terms and Conditions.

2. Credit

2.1 This document was created using a template from Docular (https://docular.net).

3. Term

3.1 This Terms and Conditions shall come into force upon the Effective Date.

3.2 This Terms and Conditions shall continue in force indefinitely, subject to termination in accordance with Clause 10 or any other provision of this Terms and Conditions.

4. Licence

4.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a worldwide, non-exclusive, non-transferable licence to:

(a) install a copy of the Game on the Permitted Hardware;

(b) install a copy of the Documentation on the Permitted

Hardware;

(c) use a single instance of the Game on the Permitted Hardware in accordance with the Documentation;

(d) view the Documentation on the Permitted Hardware; and

(e) play the game on the permitted Hardware

for the private and domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 4. This licence is granted subject to the payment of any applicable Licensor, Distribution Platform and supplier charges.

4.2 The User may permit the family members and friends of the User to use the User's installation of the Game on the Permitted Hardware in accordance with the Documentation; providing that the User must not allow any other person or persons to use the Game.

4.3 Any licence granted to the User under this Clause 4 shall be subject to the following prohibitions:

(a) the User must not make the Game available for download or access by others;

(b) the User must not modify, alter, edit, adapt or create derivative works of the Game;

(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game;

(d) the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game; and

(e) the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws,

save to the extent expressly permitted by this Terms and Conditions or permitted by applicable law on a non-excludable basis. The prohibitions in this Clause 4.3 relating to the Game shall apply equally to the Documentation.

5. Intellectual Property Rights

5.1 Nothing in this Terms and Conditions shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.

5.2 Save to the extent expressly provided otherwise in this Terms and Conditions, all the Intellectual Property Rights and other rights in:

(a) the Game;

(b) the works and materials comprised in the Game; and

(c) any other software or services of the Licensor,

are hereby reserved to the Licensor and its licensors.

6. Limitations and exclusions of liability

6.1 Nothing in this Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this Terms and Conditions, except to the extent permitted by law.

6.2 The limitations and exclusions of liability set out in this Clause 6 and elsewhere in this Terms and Conditions:

(a) are subject to Clause 6.1; and

(b) govern all liabilities arising under this Terms and Conditions or relating to the subject matter of this Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Terms and Conditions.

6.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.

6.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.

6.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.

7. Termination

7.1 This Terms and Conditions shall immediately and automatically terminate if the User commits any breach of this Terms and Conditions.

OR

7.1 The Licensor may terminate this Terms and Conditions immediately by giving written notice of termination to the User if the User commits any breach of this Terms and Conditions.

8. Effects of termination

8.1 Upon the termination of this Terms and Conditions, all of the provisions of this Terms and Conditions shall cease to have effect, save that the following provisions of this Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5, 6, 8 and 9.

8.2 Except to the extent expressly provided otherwise in this Terms and Conditions, the termination of this Terms and Conditions shall not affect the accrued rights of either party.

8.3 For the avoidance of doubt, all licences granted to the User under this Terms and Conditions shall terminate upon the termination of this Terms and Conditions. Accordingly, the User must immediately cease to use the Game and all other works and materials licensed to the User under this Terms and Conditions upon the termination of this Terms and Conditions.

8.4 Within 2 days following the date of effective termination of this Terms and Conditions, the User must irreversibly delete or destroy all copies of the Game and all copies of all other works and materials licensed to the User under this Terms and Conditions in the possession or control of the User.

9. General

9.1 No breach of any provision of this Terms and Conditions shall be waived except with the express written consent of the party not in breach.

9.2 If any provision of this Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Terms and Conditions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

9.3 The Licensor may vary this Terms and Conditions by giving to the User at least 30 days' prior written notice of the variation or by updating the version of this Terms and Conditions published on its website. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this Terms and Conditions may only be varied by a written document signed by or on behalf of each of the parties.

9.4 This Terms and Conditions is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Terms and Conditions are not subject to the consent of any third party.

9.5 Subject to Clause 6.1, this Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of this Terms and Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

9.6 This Terms and Conditions shall be governed by and construed in accordance with Malaysian law.

9.7 Subject to any mandatory requirements of applicable law, the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Terms and Conditions.

10. Cancellation and Refund

10.1 If you wish to cancel your account, notify us at least 15 days before end of your term (via an email to enquiryenquiry@engame.asia) . Upon cancellation, your data is deleted from our servers. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.

10.2 Your subscription gets renewed automatically at the end of each month

10.3 You can upgrade or downgrade package of our services at any time of your usage, however Engame does not refund any fees in that case

10.4 We reserve the right to modify or terminate the Engame service(s) for any reason, without notice at any time.

10.5 Fraud: Without limiting any other remedies, Engame may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.

10.6 Note: No refunds are offered, even if a plan is canceled mid-month.

10.7 15 Day No Obligation Cancellation

10.7.1 Engame offers GaaS service to companies under a 15-day no obligation cancellation policy. The no obligation cancellation begins immediately upon account activation. The 15-day no obligation cancellation period only applies to new customers and does not apply to existing customers that have a subscription plan. Engame will also not honor a free trial period for customers who were once paying subscribers, cancelled, and then decided to re-instate their subscription to Engame.

10.7.2 At any time during the 15-day, potential subscriber (customer) can cancel their account and will be refunded in full with a minor service charge.

10.7.3 In order to continue using GaaS after the 15-day no obligation cancellation period, you will be automatically be put to continue to your selected payment plan which you have selected initially at time of buying from range of selections of monthly or receiving a discount by paying for half yearly or full year of service.

10.8 Monthly Billing, Cancellation, and Refund Policies

10.8.1 Engame charges and collects in advance for use of the GaaS service. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, Engame will calculate a pro-rated amount with the first payment due on signing.

10.8.2 All subscriptions monthly, quarterly and yearly renew automatically on their due renewal date according to date of purchase until officially cancelled in writing. Customers may cancel anytime by emailing a notice to: enquiry@engame.asia. Customers will receive an email from Engame confirming that their subscription to the GaaS service has been cancelled.

10.8.3 Important: No refunds or credits for partial months, quarters or years of service will be refunded to a customer upon cancellation. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties.

10.8.4 The fees that Engame charges for the monthly, quarterly, or yearly services exclude phone, and Internet access charges, as well as other data transmission charges. Any currency exchange settlements are based on the customer's agreement with the payment method provider. To be clear: these charges are the customer's responsibility.

10.8.5 Customers have the ability to upgrade or downgrade their subscription plan for the GaaS services at any time. For any kind of upgrade or downgrade in subscription, customer has to write to enquiry@engame.asia. The chosen method of billing will automatically be charged the new subscription rate on the next billing cycle.

10.8.6 With regards to downgrades on a subscription, Engame does not issue refunds or credits for partial months of service. hese above policies apply to all the GaaS services listed on Engame unless otherwise noted in the corresponding program materials.

11. Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at enquiry@engame.com