GameGulf Terms and Conditions of Use

Before you use the GameGulf platform, please read the following terms and conditions carefully. By using the platform, you agree to be bound by these terms and conditions. If you do not agree to any of these terms and conditions, please do not use the platform.

1. General

1.1 This agreement and all attached or mentioned schedules and appendices (if any) ("Agreement") constitute an agreement between you and GameGulf.com ("GameGulf", "us", or "our").

1.2 This Agreement governs, among other things:

• (a) The provision of GameGulf services (see definition below);
• (b) Your use of the GameGulf platform (see definition below).

1.3 The GameGulf service is intended and can only be used by:

• (a) Individuals over 18 years of age who can enter into a legally binding contract under applicable law;
• (b) Individuals under 18 years of age with the consent and direct supervision of their parents or legal guardians.

2. Definitions and Interpretation

2.1 Unless the context requires otherwise, the following terms have the meanings below:

• Account: The account created and used by you to access or use the GameGulf platform.
• Buyer: The purchaser of any services or digital offerings on the platform.
• Services: Membership subscriptions, game price tracking, discount alerts, and Switch game trial services provided on the platform.
• GameGulf Service: The services and features provided by GameGulf on or through the platform, including but not limited to game price tracking, discount notifications, and Switch game trials.
• Information: Any data, content, text, images, specifications, or materials provided on the platform.
• Intellectual Property: Patents, designs, copyrights, trademarks, trade names, service marks, logos, and all other proprietary knowledge or ownership rights.
• Personal Data: As defined in the GameGulf Privacy Policy.
• Privacy Policy: The policies governing the processing of personal data, published by GameGulf on the platform.
• Platform: The online platform (website, mobile site, or mobile application) developed and/or operated by GameGulf.
• Registration Process: The process established by GameGulf for you to register and open an account.
• You/Your: All users of the platform, primarily but not limited to buyers of GameGulf services.

3. Accessing the Platform

3.1 To access the GameGulf platform and services, you must create an account via the registration process. Upon successful registration, you can log in to access the platform and services. GameGulf reserves the right to conduct background checks and may, at its sole discretion, refuse access to the platform or services. Additional verification or information may be requested during registration.

3.2 You are solely responsible for maintaining the confidentiality of your account username and password and must notify GameGulf immediately of any unauthorized access. Instructions, notices, or confirmations received from your account are deemed issued by you, whether authorized or not, and you are bound by them. GameGulf is not liable for actions taken based on such instructions and is not obligated to verify their authenticity or integrity.

3.3 You must monitor all activities and transactions in your account, verifying your transaction history regularly. Notify GameGulf immediately if:

• (a) You detect unusual or inaccurately recorded activities or transactions;
• (b) You receive incomplete, garbled, or inaccurate data from GameGulf;
• (c) You receive data not intended for you, which you may not use or disclose without GameGulf's written consent.

3.4 Unless expressly agreed by GameGulf, each person is limited to one account. Creating accounts on behalf of others or impersonating others is prohibited. GameGulf may suspend fraudulent accounts and take further remedial actions, including notifying authorities, without liability.

4. Use of Platform/GameGulf Service

4.1 Subject to your agreement to these terms, GameGulf grants you a non-exclusive, non-transferable right to access and use the platform and services solely for personal, non-commercial purposes as necessary under this Agreement.

4.2 The platform, GameGulf services, and all related information (collectively, "GameGulf Platform/Service") may not be used or modified without prior written consent from GameGulf, including:

• (a) Copying, distributing, or recreating the GameGulf Platform/Service, except as incidental to normal use or for backup purposes;
• (b) Renting, leasing, sublicensing, translating, adapting, or modifying the GameGulf Platform/Service;
• (c) Combining or modifying the GameGulf Platform/Service with other programs;
• (d) Decompiling, reverse-engineering, or creating derivative works from the GameGulf Platform/Service;
• (e) Distributing the platform's underlying software (including source code);
• (f) Using the GameGulf Platform/Service illegally, fraudulently, or maliciously;
• (g) Collecting or deciphering data from GameGulf systems or servers;
• (h) Accessing unauthorized data or accounts;
• (i) Interfering with the platform's operation or distributing harmful code.

4.3 Upon registration, you gain access to GameGulf's membership services, which may include price tracking, discount alerts, and Switch game trials based on your subscription level (Free, Pro, Elite Pro+, Ultimate Pro++).

4.4 To maintain service quality:

• (a) Only one device may be logged into your account at a time for certain features (e.g., game trials);
• (b) Switch game trial access is limited per subscription tier (e.g., one trial at a time for Elite Pro+, two for Ultimate Pro++).

4.5 GameGulf may adjust service offerings due to third-party provider policies (e.g., game trial availability). We will notify you of such changes and continue to offer alternative subscription options.

5. Personal Information

5.1 Personal data collected by GameGulf will be processed per the Privacy Policy published on the platform.

5.2 If you process personal data on behalf of GameGulf, you agree to:

• (a) Comply with the Privacy Policy and not cause GameGulf to violate it;
• (b) Provide GameGulf access to such data upon reasonable request;
• (c) Notify GameGulf immediately of any breach in processing obligations.

This clause survives termination of the Agreement.

6. Confidentiality

"Confidential Information" includes all data provided by GameGulf for purposes related to this Agreement, such as technical details, business strategies, or trade secrets, whether marked confidential or not.

6.2 Exclusions from Confidential Information:

• (a) Information you possessed prior to disclosure without confidentiality obligations;
• (b) Information independently developed by you;
• (c) Information publicly available without your breach of this Agreement.

6.3 You may not disclose Confidential Information unless:

• (a) Required by law or court order;
• (b) Permitted by this Agreement;
• (c) Necessary for your representatives with a need to know;
• (d) Approved in writing by GameGulf.

6.4 If disclosure is legally required, you must notify GameGulf promptly to allow protective measures and disclose only the minimum required.

6.5 Confidential Information may only be used for purposes of this Agreement and remains protected post-termination.

7. Consumer Protection

7.1 If applicable consumer protection laws (e.g., Consumer Protection Act) govern your transactions as a consumer, this Agreement limits remedies only to the extent permitted by law. GameGulf is not exempt from liability for negligence causing loss or damage or breaching express terms without cause.

8. Warranty, Availability, and Disclaimer

8.1 GameGulf warrants that its services will be provided with reasonable care and skill.

8.2 Information on the platform may originate from third parties (e.g., game prices). GameGulf strives to present it accurately but does not guarantee its completeness, reliability, or error-free nature.

8.3 GameGulf does not guarantee:

• (a) The platform or services meet your specific requirements;
• (b) Uninterrupted or error-free operation;
• (c) Correction of all defects;
• (d) Freedom from viruses or harmful threats. You are responsible for your own security measures.

8.4 You acknowledge:

• (a) Suggestions from GameGulf are opinions, acted upon at your own risk;
• (b) Network delays may affect notifications, which GameGulf cannot guarantee;
• (c) The platform may be unavailable due to maintenance or external factors, without liability.

9. Limitation of Liability

9.1 To the maximum extent permitted by law:

• (a) The platform and services are provided "as is" and "as available" without warranties beyond those in this Agreement;
• (b) GameGulf is not liable for losses from information provided through the platform;
• (c) GameGulf is not liable for indirect, consequential, or punitive damages, including loss of profits or goodwill, regardless of foreseeability;
• (d) GameGulf's liability is limited to direct damages caused by the use of the service and shall not exceed the amount paid by the user for that service.

10. Indemnification

10.1 You agree to indemnify GameGulf, its affiliates, and their representatives against all losses, damages, claims, or expenses (including legal fees) arising from your negligence, breach of this Agreement, or misuse of the platform, regardless of legal proceedings or settlements.

11. Force Majeure

11.1 GameGulf is not liable for delays or failures in performance due to events beyond its reasonable control, such as natural disasters, war, government actions, strikes, or technical failures.

12. GameGulf Rights and Suspension

12.1 GameGulf may, without prior notice:

• (a) Suspend or stop your access to the platform or services;
• (b) Delete your uploaded content;
• (c) Suspend account activities or transactions;
• (d) Withhold payments due to you;

if it believes you have breached this Agreement or disrupted other users' experience.

13. Termination

13.1 GameGulf may terminate this Agreement with written notice if you breach its terms and fail to remedy the breach within 30 days. 13.2 Upon termination:

• (a) All rights granted to you cease;
• (b) You must stop all activities under this Agreement;
• (c) You must destroy or return GameGulf's Confidential Information upon request.

14. Changes

14.1 GameGulf may modify this Agreement or services at any time, effective upon notification via the platform, email, or other means. Continued use constitutes acceptance. 14.2 If you disagree with changes, notify GameGulf immediately; the Agreement terminates unless otherwise agreed.

15. Notification

15.1 Notices to you may be sent via the platform, email, SMS, or mail to your provided contact details, deemed delivered based on standard timelines (e.g., next business day for email before 5 PM). 15.2 Notices to GameGulf should be sent to [email protected].

16. Entire Agreement

16.1 This Agreement, including referenced documents, is the complete agreement between you and GameGulf, superseding prior arrangements.

17. Assignment

17.1 You may not assign your rights or obligations without GameGulf's consent. GameGulf may assign its rights to affiliates.

18. Payment Rules

18.1 One-Time Payment Rules:

• (a) On the purchase page, select subscription duration (e.g., 1, 3, 12 months).
• (b) Service activates upon payment and ceases at the end of the period; renewal is optional.
• (c) Checkout displays order total; payment options include credit/debit cards or online methods.
• (d) A confirmation email details the order post-payment.
• (e) A renewal reminder is sent 3 days before expiration.

18.2 Recurring Billing Rules:

• (a) Monthly billing occurs on the initial subscription date.
• (b) A reminder email is sent 3 days prior, with an unsubscribe link.
• (c) Billing amount reflects the standard subscription price, with 30-day notice for adjustments.
• (d) A valid payment method is required; GameGulf does not store sensitive data like CVV codes.
• (e) After 3 failed billing attempts, service is suspended until payment succeeds.
• (f) Cancel subscriptions at least 24 hours before the next billing date to avoid charges.

19. No Waiver

19.1 Failure to enforce any right does not constitute a waiver unless in writing.

20. Successors and Assigns

20.1 This Agreement binds both parties and their permitted successors and assigns.

21. Severability

21.1 Invalid or unenforceable provisions are severed without affecting the remainder, interpreted to be enforceable where possible.

22. No Partnership/Agency

22.1 This Agreement does not create a partnership or agency relationship.

23. Applicable Law

23.1 This Agreement is governed by the laws of Hong Kong.

24. Survival

24.1 Provisions intended to survive termination (e.g., confidentiality, indemnification) remain effective.

Appendix A: Payment Terms

Buyer Payments: Payments for subscriptions are processed via the platform's payment gateway, subject to the gateway provider's terms.

General:

1. No offsets against payments due to GameGulf are permitted.
2. GameGulf may cancel payment requests suspected of fraud.

Limitation of Liability: Subscriptions are provided "as is" without warranties beyond those stated. GameGulf is not liable for economic, goodwill, or consequential losses.

Indemnification: You indemnify GameGulf against claims arising from your use or breach of these terms.