Terms and conditions of use

Last Modified: November 11, 2018

This site is owned and/or operated by 3RDFACTION LTD. If you visit or shop at 3rd-faction.com (later 3RDF), you affirmatively accept the following conditions. Continued use of the site constitutes the affirmative agreement to these terms and conditions. The Company reserves the right to change the terms, conditions, and notices under which its websites and services are offered, including but not limited to the charges associated with the use of the Company's websites and services. You are responsible for regularly reviewing these terms and conditions and any additional terms and conditions. Your continued use of the Company's websites and services constitutes your agreement to all such terms, conditions, and notices. Please read them carefully.

Refund Policy for all digital products

3RDF reserves the right to issue refunds or credits at our sole discretion. While we make no representations or warranties that these digital products will meet with individual Purchaser tastes or expectations, if the product is found to be less than what you expected, you may apply for a refund. However, before starting the refund process, we want you to be aware that we will be pleased to assist you in resolving any problem you are having. Feel free to contact us via contact form.

The following refund policy applies to digital products below and not limited to

Game Accounts 
Accounts Sold Cannot be refunded or cancelled.

In-Game Badges
Partial refund may apply for undelivered goods. But goods traded are not refundable

In-Game Items
Partial refund may apply for undelivered goods. But goods traded are not refundable

1) Definitions

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

1.1) Account : means your account duly registered with 3RDF to facilitate you using the Services available on the Portal;

1.2) Buyer : means a person who purchases items on the Portal;

1.3) Items : means the goods and services listed by you for sale on the Portal and “Item” shall mean any one of them; 

1.4) Portal : means collectively, the web Portal presently known as 3rd-faction.com and web Portal of 3RDF administered and managed by 3RDF;

1.5) Services : means the services provided by 3RDF on the Portal, including, without limitation, reselling and retailing online games and related merchandises, games publishing, online marketplace for sale of Items, subject to the conditions in these Terms of Use;

1.6) Purchased Item : means your item listed on the Portal purchased by the Buyer;

1.7) Store Credit : means the electronic credit value available in the Account at any time;

1.8) Terms of Use : means these Terms governing the use of the Services by you as may be amended at any time and from time to time as and when 3RDF shall in its absolute discretion deems necessary and shall include: any rules, procedures, Terms of Service for products, services or facilities, as determined by 3RDF from time to time; and any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing;

1.9) Virtual Items : means collectively, virtual in-games items and virtual currency, including, without limitation, virtual coins, token or points acquired in the course of playing games on the Portal.

2) Licence to Use

In consideration of you agreeing to these Terms of Use and your continuing observance and compliance of these Terms of Use, 3RDF hereby grants you a non-exclusive, non-transferable licence to access the Portal and use the Services upon the terms and subject to the conditions stated herein.

3) Representations and Warranties

Each time when you access the Portal (or any of them), you irrevocably and unconditionally represents and warrants that:

3.1) you are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Portal and using the Services;

3.2) 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;

3.3) you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose the 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;

3.4) save as otherwise permitted by 3RDF, you shall not, directly or indirectly, use the Services for any commercial purposes;

3.5) you shall not to use the Portal 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;

3.6) you shall not use any intellectual property belonging to 3RDF or any publishers listed on the Portal, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of 3RDF;

3.7) you shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portal or the employees of 3RDF.

3.8) you shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the Portal

4) Use of Services

4.1) You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portal 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 Portal (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 3RDF may issue from time to time. 3RDF shall not be liable for any errors, losses or damages caused by your use of the Services.

4.2) It is your responsibility to secure the information of your Account. Any notification or confirmation received by 3RDF 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.

4.3) 3RDF shall not be liable for acting on the notification or confirmation sent through your Account. 3RDF 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 3RDF 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 3RDF upon receipt of incomplete, garbled or inaccurate data or information from 3RDF. You shall also immediately notify 3RDF upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.

4.4) You acknowledge and agree that 3RDF may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
Unless otherwise permitted by 3RDF in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portal or directly to other users of the Portal.

4.5) 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 Portal.

4.6) You irrevocably and unconditionally allow and permit 3RDF to send to your Account updates on services and events offered or provided by 3RDF.

5) Virtual Items

5.1) All Virtual Items reflected in the Account are not actually owned by you.

5.2) You merely have a licence to use the Virtual Items on the Portal (or any of them) in accordance with such terms as 3RDF may impose from time to time.

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

5.4) Unless otherwise permitted by 3RDF in writing, you are prohibited from selling, transferring or otherwise dispose of the Virtual Items to any other persons, whether within or outside the confines of the Portal (or any of them).

6) Payment

6.1) You may pay for the Services in such currency that is available on the Portal in accordance with the prevailing exchange rate determined by 3RDF at its absolute discretion.

6.2) You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.

6.3) 3RDF shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.

6.4) 3RDF shall be entitled to vary or modify or remove the modes of payment available on the Portal (or any of them) at any time without prior notice to you.

7) Availability of Services

7.1) The Services are usually available on a daily basis unless otherwise specified herein.

7.2) There may be certain times that the Services may not be available due to maintenance or malfunction of the Portal or such other reasons beyond the control of 3RDF. 3RDF makes no warranty that the Services will be available at the times stated herein.

7.3) Unless otherwise provided in these Terms of Service, 3RDF shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.

7.4) Notwithstanding any provisions to the contrary in these Terms of Use, 3RDF shall be entitled to:

• immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
• impose conditions or restrictions on your use of the Service without notice.

8) Limitation on Liability

You agree and confirm that you shall not hold 3RDF, 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.

9) Intellectual Property Rights

All copyrights, trade marks, service marks belong to the corresponding owners/publishers and 3RDF is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portal are offered by 3RDF Sellers, not the owners/publishers.

10) Reliability of Portal

You are aware that all transactions conducted on the Portal are through telecommunication and data network. You are fully aware that your receipt of the notification from 3RDF may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that 3RDF 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.

11) Account

You shall immediately notify 3RDF 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 3RDF of your notification.

12) Applicable Laws and Regulations

Your use of the Services shall be governed by the jurisdiction where the contracting entity of 3RDF is domiciled. 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 shall fully indemnify, defend and hold 3RDF and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision.

13) Suspension, Termination, Cancellation of Services

The Services (or any part thereof) may be cancelled by 3RDF 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 Service as 3RDF may at its absolute discretion determine. 3RDF 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 3RDF may at its absolute discretion determine.

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

13.1) all rights granted to you hereunder shall immediately terminate and shall revert to 3RDF;

13.2) you shall immediately pay to 3RDF all outstanding fees and charges due and owing to 3RDF;

13.3) 3RDF may at its absolute discretion, decide not to act on any request received by 3RDF after the effective date of termination;

13.4) 3RDF may at its absolute discretion, decide not to act on any confirmation or request received by 3RDF between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); 

13.5) you hereby irrevocably and unconditionally authorises 3RDF to deduct all money due and owing by you to 3RDF (if any) from the moneys that are payable by 3RDF to you in respect of the delivered Purchased Items.

14) Notices

All notices and documents required to be given by you under these Terms of Service to 3RDF shall be sent to 3RDF by registered post to the 3RDF’ address listed on the Portal. Any notice or document sent by you to 3RDF shall be deemed served when such notice or document is received by 3RDF. All notices and documents required to be given by 3RDF under these Terms of Service to you shall be sent to you by any one of the following methods:

14.1) electronic mail to your last known electronic mail address according to 3RDF’ records;

14.2) posting the notice or communication on the Portal;

14.3) notices placed with or in any of 3RDF’ written communications to you;

14.4) notices placed through any media; or

14.5) any manner of notification as 3RDF may at its absolute discretion determine.

Any notice or document or communication given by 3RDF to you shall be deemed to be served and received by you on the day following the sending of such notice or document.

15) Waiver And Severance

Any failure by 3RDF to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service. In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable 3RDF shall amend that provision in such reasonable manner as would achieve the intention of 3RDF or at the discretion of 3RDF it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.

Disclaimer

The information contained on this website is for information purposes only. The information is provided by 3RDF and while we aim to keep this information up to date and correct, we make no representations or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information on this website. Any reliance you place on such information is strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Despite we are trying to do our best to keep 3rd-faction.com up and running smoothly, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Nothing in these terms will relieves you of your obligations under any contract you may have with any game publisher. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. These terms do not grant you the right to use any branding or logos used in our services. 3RDF reserves the right to change the terms and conditions without prior notification at any time, you are responsible for keeping yourself up to date with our terms and conditions.